When parents do not live together, the non-custodial parent typically pays child support to the custodial parent. However, when parental timesharing is split equally, the higher-earning parent typically pays the lower-earning parent when the disparity in pay is significant.
The amount of child support a parent must pay is calculated during the divorce or when the ex-partners begin living separately. Parents cannot modify a child support order without a court’s approval.
If you need to modify a support order or disagree with your co-parent about whether a change is necessary, contact a New Canaan child support modification lawyer. Our experienced child support attorneys can help with your case.
The Connecticut Child Support Guidelines in Connecticut Agency Regulations § 46b-215a-2c use a formula to determine the amount of support a child requires and allocation of the support between the parents. This ensures the calculation is fair and consistent throughout the state and that all children receive appropriate support. This formula takes into account the following:
Adjustments are usually made for the children’s health insurance and work-related childcare expenses. Some couples might also factor costs like private school, music lessons, sports, and other activities into the child support calculation. A New Canaan lawyer can help a parent use the formula to determine a modified child support amount.
Parents often agree on a child support arrangement and submit it to the judge for approval. The judge will accept an amount the parents agree to unless it contradicts the children’s best interests. When parents cannot agree, a judge usually orders the formula amount with adjustments for health insurance and childcare unless they believe deviating from the formula best serves the children.
A modification of the child support order may be appropriate when significant changes occur to any of the factors that determine the amount a parent pays. When applying the formula to the parents’ current situation would change the child support amount by 15 percent or more, the parents can request a modification.
Other circumstances can justify a modification. Situations that could qualify as a substantial change include a job loss, windfall, serious accident or illness affecting a parent or child, or a change in a child’s educational needs.
An attorney can review a parent’s circumstances to determine whether there has been a change that merits modifying the child support obligation. Depending on the parent’s goals, the attorney can formulate arguments promoting or contesting a change.
A paying parent unhappy with a child support order may intentionally underearn and then request a support modification, which is often an ineffective strategy.
A Connecticut judge will investigate the reason when a parent’s income drops. Where there is an underlying health issue, business failure, or recession, the court will take that into account. On the other hand, when there is no clear explanation for the change, a judge can infer that the parent is earning less voluntarily and should, therefore, be making more.
When the judge believes a parent is intentionally underearning to reduce their child support payment, they can calculate support based on what the parent could be making. The judge would consider the following about the parent when determining salary:
Any parent involved in a situation where a judge is considering imputing income should work with a child support modification lawyer in New Canaan. They can ensure the judge receives the most compelling evidence supporting the parent’s position.
A parent’s financial situation often changes over time. When the change is significant, modifications to child support may be appropriate.
Speak with a New Canaan child support modification lawyer if you believe your current arrangement does not reflect your circumstances.
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