Child Support in Connecticut, Part 1
If you are a single parent, and your child lives with you, you are entitled to collect Child Support, In Connecticut, this applies both to divorced parents and to parents who were never married. It applies to heterosexual couples and same-sex couples. Both parents are legally obligated to support their children.
Child support is not automatic though. In order to receive support, you must apply for it. If you receive public assistance of any kind, you can get free help from The Department of Social Services to apply for support. If you do not receive public assistance, you can still apply through DSS, but the process will not be free. Applying through DSS is also a long process. Because of this, many people prefer to file for Child Support through the Superior Court.
Here at the Law Offices of Heath D Harte, we recommend you file through the courts, rather than through DSS. If you file through DSS, they will be responsible for enforcing the judgment. They have thousands of cases, and yours may not get priority. You will not have any choice regarding who will be assigned to your case. Because of this, the remainder of this article will focus on how to file for Child Support through the court, rather than through DSS. Later articles will discuss enforcement and modifications.
Am I Entitled to Collect Child Support?
You are entitled to collect support if you are the Custodial Parent, and if you obtain a Child Support Order through the Courts. Basically, if a child lives with you, you are entitled to collect Child Support. If the child does NOT live with you, most likely you are required to PAY Child Support, rather than collect it.
What if some of the children live with me, and some of the children live with the other parent?
This situation is a little trickier. The answer is “it depends.” Each parent's support obligations will be calculated on a separate worksheet. The lower obligation is subtracted from the higher obligation. The parent with the lower obligation will receive the difference in the sums.
What if we share custody?
If you share custody, the Court will look at how the child's expenses are paid. They will also look at the amount of time the child spends with each parent. If you pay the greater share of expenses, you are entitled to Child Support.
What if I receive Public Assistance?
The other parent is still required to pay, but you will not get the full amount ordered. You will get $50 per month, and the State will keep the rest. Once you are no longer receiving Public Assistance, you will be entitled to the full payment.
What if the other parent lives in a different state?
You are still entitled to collect Child Support. The Connecticut Courts have mechanisms in place to enforce interstate support agreements.
Is Child Support for Mothers only?
No, child support is for the custodial parent, be that parent the Father or the Mother. If you are the Father, and the child lives with you, the Mother is obligated to pay support. Likewise, if you are a same-sex couple with children and you separate, the non-custodial parent is obligated to pay support.
How Do I Apply for Child Support?
You must file with the Superior Court to apply for Child Support. Alternatively, you may file with DSS. We recommend the Court route.
Although you may represent yourself, we strongly recommend you hire an attorney to help you through the process. Your attorney help you gather the needed information and file with the Courts. S/he will help you with the required financial affidavits and Court Worksheets. Your lawyer can also help if there are later issues with collecting, or if you need to modify the order. If you are NOT the custodial parent, we also recommend you hire an attorney so that your obligations are fairly calculated.
How is Support calculated?
Connecticut follows an “Incomes Shares” model. This means they will look at the child's expenses as if they were living with both parents, and will then divide that cost according to each respective parent's income and assets.
Connecticut has regulations and standard worksheets they use to figure out the payment obligations. These are called “The Connecticut Child Support and Arrearage Guidelines.” They use the combined income of the mother and the father and the number of children to set the support amount. Because the worksheets are fairly complicated, we suggest you complete them with an attorney's help.
Does the State set the same amount per child in all cases?
No. There are many deviations to the standard calculations. If a parent pays for insurance for a child, that will be taken into account during calculations. If a child has special needs, generally larger payments are required. The number of other children a parent is supporting is also considered. If a child is receiving social security assistance, payments may be reduced. If one parent has significantly higher assets, they will pay a greater share. Likewise, if a parent has little net income, they may pay a lesser share. Again, an attorney can be really helpful in looking at how your circumstances effect the basic payment worksheets. Your lawyer can help you pay or receive a fair amount.
How long does the parent have to pay?
The parent will be ordered to pay support until the child is an adult. Generally, this is until the child turns 18 or graduates from High School, whichever is later. However, support generally goes to at least 23 for special needs children. With severely disabled children, lifetime support may be ordered.
In addition, a parent can request an educational support order. If granted, this will require support through post-secondary education. These require payment until the child has finished the educational program or turns 23, whichever comes first. Support can be ordered through a Bachelor's Degree, a training program, or an Associate's Degree, but will not be ordered through a Masters or equivalent. These orders are NOT automatic. We strongly suggest you use an attorney if you are hoping for an Educational Support Order.
Can't the Parents draw up an agreement without the Courts?
A Child Support Agreement is not enforceable without a Court Order. Respective attorneys can negotiate an order to present to the Courts to ease the process. But an agreement made between two parents is not enforceable. We do NOT recommend “Gentleman’s Agreements” when it comes to Child Support. It is best that all Child Support Agreements go through the Courts.
We're getting divorced; can we handle Child Support in the Divorce Decree?
If you are getting divorced, we highly recommend negotiating a support order while negotiating your divorce. Since a divorce must go through the Court eventually, the Child Support can be mandated during the divorce proceedings.
Do I have to establish paternity to get support?
Yes, you must establish paternity in order to get Child Support. However, a good lawyer can get the Court to order paternity testing as part of the child support filings.
Can I file for support for adopted children?
Yes, you are entitled to support for any child adopted by two parents. This means if a father legally adopts a child conceived outside the marriage, he will be required to support that child when the marriage is dissolved. If an adoptive father has custody of a child, he is entitled to support from the child's mother. Likewise, if a same sex couple has children, and they split up, the non-custodial parent must pay support.
What if I don't know where the Father (or Mother) is?
You will need to locate the Father before you can petition for support. This is also something your attorney can help you with. You should still petition for support, even if you cannot locate the Father (or Mother.) Both the Courts and your attorney can help try to locate him (or her.)
Can a support order be changed?
Yes, you can file for modification of a support order. The whys and hows of modifications will be addressed in a future article. (Subscribe to our blog, Twitter Feed, or Facebook Page to be notified when this article is published.)
Can the other parent just refuse to pay?
No, the other parent cannot refuse to pay. Child Support Enforcement will be discussed in a future article. But if the other parent doesn't pay, contact your attorney. S/he will help enforce the judgment.
I don't want the other parent to know where I live; can I still file for support?
Yes, you can obtain Child Support and still protect your privacy. In these cases, it is important to let your lawyer know your concerns. S/he can help shield your personal details throughout the process. S/he can also arrange for payments to be made in a way that will not reveal your details.
Can I file for back Child Support?
You can, but if it's awarded may depend on the other parent's ability to pay back support. It is always best to file as soon as possible after the baby is born, or after you split as a couple. In some cases, the Child Support process can begin before the baby is actually born, and it can include expenses related to the birth. These cases usually require establishing paternity.
Does This Apply to ALL US States?
No. Child Support laws still vary from state to state. Although many of the generalities apply, this information is specific to Connecticut.
Do I NEED to hire a Lawyer? Or can I represent myself?
The law does not require that you have an attorney. In the United States, we still have a right to represent ourselves. But just because we CAN, it doesn't mean we should. The worksheets are extremely complicated. Connecticut judges often take individual circumstances into account when determining payments. A good attorney will help you uncover the other parent's true assets and ensure an accurate financial profile is presented to the Court. A lawyer will help you get higher payments. A lawyer will help get payment procedures mandated in the original agreement to help minimize future trips to Court. A good lawyer will negotiate payment plans based on support payouts, and may even be able to recoup your attorney fees. You will have far fewer headaches in the long run if you work with an attorney.
Summary:
In this article, we reviewed filing for Child Support. We discussed who is entitled to receive support and how to get the support process started. In Connecticut, a parent is required to pay support, regardless of marital status. The next article in this series will discuss modifications and enforcement.
Here at the Law Offices of Heath D Harte, we strongly believe in a parent's obligation to support his or her child. We believe a custodial parent should receive full financial support from the other parent, regardless of that parent's sex. We work hard to uncover the full extent of the other parent's assets so that the child gets the financial support he or she deserves.
If you are now a single parent or you are about to become one, we'd love to help you get the Child Support your child deserves. Contact us today, and we'll get the process started. We can help you receive Child Support in Connecticut or New York. We are adept with interstate and intrastate support cases.
