Every child has the right to receive financial support. When parents do not live together, the non-residential parent pays child support to the parent the children live with most of the time. When parents split custody relatively equally, the higher earning parent usually pays support to the other. Parents cannot permanently waive child support, however, when certain deviation criteria are met, a judge can approve an agreement calling for no support.
The court order establishing the child support obligation is enforceable and cannot be changed without a judge’s approval. A parent seeking to change a child support order should discuss their situation with a family law attorney.
Courts will modify a support order only under limited circumstances. A Fairfield child support modification lawyer can explain a parent’s options and advise them on how best to proceed.
Connecticut publishes child support guidelines establishing how much a parent must pay. Net income, the total number of children the parent must support, and the percentage of time the children spend with the paying parent influence the payment amount. The formula also considers health and dental insurance and educational expenses.
Parents usually must pay the amount the formula requires or more. Parents often negotiate a higher payment, including money for extras like music lessons, sports, summer camp, and travel. Courts sometimes approve a lower payment than the formula calls for when the paying parent has many children to support, a low income, a chronic health condition that interferes with their ability to work, or similar reasons. High-income parents typically pay more than the formula amount pursuant to what is referred to as an “uncapped” guideline calculation.
Ideally, parents negotiate a child support payment schedule based on the guidelines and whatever adjustments they agree to make. A Fairfield attorney can help a couple reach an agreement and submit it to the court for approval. When parents cannot agree, the judge imposes a child support order. Once issued, child support orders are enforceable and cannot be changed unless the court issues a modification.
A child support order reflects the circumstances of the parent and the children at the time the court issued it. As time passes and situations change, the order may no longer be fair or practical. In cases where the change in circumstances is substantial, a court will consider modifying a child support order.
Connecticut General Statutes §46b-86(a) says that if applying the formula to the parents’ current circumstances results in a 15 percent or more deviation from the current support amount, the court may consider that change substantial. Other circumstances that could lead a court to consider a child support modification include:
Courts also make changes to child support payments when custody arrangements change.
Sometimes, parents intentionally underearn to limit their child support obligation. Sometimes, a paying parent voluntarily leaves a job or takes a job for which they are overqualified to limit their child support payments. When a judge suspects a parent is intentionally avoiding their obligation, the judge can calculate the support amount on the income the parent has the potential to earn based on their education, skills, and work history. A parent seeking a modification due to reduced income should discuss the situation with an experienced Fairfield attorney to prevent a judge from imputing income in their case.
Financial support is your child’s right and essential to their wellbeing. Both parents have an obligation to provide financial support.
When circumstances change, it is sometimes appropriate for child support amounts to change as well. Contact a Fairfield child support modification lawyer if you want to adjust the child support payment or your co-parent wants a change you oppose. A skilled legal professional can help you reach a resolution. Reach out today.
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