State Codes and Statutes

Statutes > Connecticut > Title46b > Chap816 > Sec46b-215b

      Sec. 46b-215b. Guidelines to be used in determination of amount of support and payment on arrearages and past-due support. (a) The child support guidelines established pursuant to section 46b-215a and in effect on the date of the support determination shall be considered in all determinations of child support amounts, including any past-due support amounts, and payment on arrearages and past-due support within the state. In all such determinations, there shall be a rebuttable presumption that the amount of such awards which resulted from the application of such guidelines is the amount of support, including any past-due support, or payment on any arrearage or past-due support to be ordered. A specific finding on the record that the application of the guidelines would be inequitable or inappropriate in a particular case, as determined under criteria established by the Commission for Child Support Guidelines under section 46b-215a, shall be required in order to rebut the presumption in such case.

      (b) In any determination pursuant to subsection (a) of this section, when a party has been determined by the Social Security Administration, or a state agency authorized to award disability benefits, to qualify for disability benefits under the federal Supplemental Security Income Program, the Social Security disability program, the state supplement to the federal Supplemental Security Income Program, or the state-administered general assistance program, parental earning capacity shall not be a basis for deviating from the presumptive support amount that results from the application of the child support guidelines to such party's income.

      (c) In any proceeding for the establishment or modification of a child support award, the child support guidelines shall be considered in addition to and not in lieu of the criteria for such awards established in sections 46b-84, 46b-86, 46b-130, 46b-171, 46b-172, 46b-215, 17b-179 and 17b-745.

      (P.A. 89-203, S. 2, 3; P.A. 91-391, S. 8; June 18 Sp. Sess. P.A. 97-1, S. 66, 75; P.A. 03-130, S. 1; P.A. 04-76, S. 39; P.A. 06-149, S. 18.)

      History: P.A. 91-391 added "and payment on arrearage and past due support"; June 18 Sp. Sess. P.A. 97-1 made a technical change, effective January 1, 1998; P.A. 03-130 amended Subsec. (a) by replacing "sufficient to rebut" with "required in order to rebut" and making technical changes, added new Subsec. (b) re determination of party's qualification for disability benefits and redesignated existing Subsec. (b) as Subsec. (c); P.A. 04-76 amended Subsec. (b) by deleting reference to the "general assistance program"; P.A. 06-149 amended Subsec. (a) to make technical changes, insert "in effect on the date of the support determination" re child support guidelines, and add references to past-due support, effective June 6, 2006.

      Cited. 218 C. 467. Cited. 219 C. 703. Cited. 222 C. 699. P.A. 89-203, Secs. 2, 3 cited. Id. Cited. 231 C. 1. Cited. 236 C. 582.

      Cited. 25 CA 563. P.A. 89-203 cited. Id. Cited. Id., 595. Cited. 26 CA 617. Cited. 27 CA 724. Cited. 29 CA 368; Id., 436. Cited. 31 CA 761. Cited. 37 CA 856. Cited. 39 CA 258. Cited 40 CA 570. Determination of child support arrearage payments must be made in accordance with child support and arrearage guidelines. 70 CA 212. Defendant's failure to file worksheet pursuant to child support guidelines precludes claim that court did not adhere to such guidelines. 79 CA 783. Trial court erred when it deviated from the presumptive health care coverage contribution without a specific finding on the record that application of the guidelines would have been inequitable or inappropriate under the circumstances. 97 CA 122.

      Subsec. (a):

      Cited. 222 C. 699. Cited. 231 C. 1.

      Cited. 25 CA 555. Sec. 2 of P.A. 89-203(a) cited. Id. Cited. Id., 693. Cited. 28 CA 208; Id., 632. Cited. 41 CA 163. Cited. 45 CA 737. Court not required to make specific finding on the record that application of child support guidelines would be inequitable or inappropriate when it rendered dissolution decree incorporating the agreement of the parties. 56 CA 459. Trial court's failure to make specific findings on the record concerning the presumptively correct child support guideline arrearage figure and reasons why such figure was inequitable or inappropriate constituted reversible error. 67 CA 527.

      Subsec. (b):

      Cited. 218 C. 467.

      Cited. 25 CA 555.