State of Connecticut Child Support Laws
Each parent must provide their children with necessary child support when they decide to divorce or go their separate ways. States can help custodial parents enforce their child support orders through its government agencies and can help parents collect past due child support payments. In Connecticut, the Child Support Program helps parents enforce and modify existing orders or obtain assistance creating a new child support order against nonpaying parents.
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General Duty to Support
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Under Connecticut General Statute Section 46b-37(b), parents have an independent duty to support the minor children between them. Courts can order maintenance payments or child support payments from a nonpaying parent under the state statute.
Child Support Guidelines
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Connecticut's child support guidelines establish each parent's financial obligation to their minor children. In Connecticut, unlike most other states, child support obligations end when children turn 19 if the child is in high school. If the child is no longer a high school student, the obligation ends at age 18. Divorcing spouses may negotiate a longer term for child support. The guidelines provide formulaic obligation amounts each parent owes based upon their total incomes, respective income shares and the number of children between them. Courts are free to deviate from these amounts to provide credits and deductions from one parent to the other for childcare and medical expenses.
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Visitation is a Separate Legal Right
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In Connecticut, unlike most states, even if the noncustodial parent does not pay the parental child support share, the custodial parent may not block access to visitation and deny that parent visitation rights. Similarly, if one parent is limiting visitation or refusing visitation to the other parent, the paying parent cannot use the lack of visitation as a legitimate excuse to stop paying child support. Visitation rights and denials should go through the Connecticut courts. Connecticut's judicial system will enforce contempt and show cause orders against parents who deny visitation or stop paying child support.
Factors Used in Guidelines
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The Connecticut courts will consider several different factors related to both parents and children when determining the support amount using the guidelines. Judges may consider the earning potential of each parent, the ages of each parent, the ages and health needs of the children, the standard of living the children were accustomed to before the parents separated or divorced, the health of both the children and the parents, and available assets.
Modification of Support Order
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To modify a child support order, the paying parent must prove there is a substantial change in circumstances. The petitioning parents must show that her financial circumstances have substantially changed since she entered into the original agreement. Additionally, a parent must show why the court should modify the order and deviate from the state's legislative support guidelines.
Considerations
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Since family laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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