Child Support in Custody Cases

What Is Child Support in Connecticut?

Child support is a court-ordered payment, usually made by one parent to the other, to help cover the costs of raising a child. In Connecticut, both parents have a legal duty to support their minor children, whether the parents are married, divorced, or were never married.

Support may be ordered as part of a divorce, in a stand-alone custody or paternity case, or in a later court proceeding. Payments commonly help with:

• ● Housing, food, and clothing
• ● Health insurance and medical expenses
• ● Child care
• ● School and educational costs
• ● Extracurricular activities

How Is Child Support Calculated in Connecticut?

Connecticut courts begin with the Connecticut Child Support and Arrearage Guidelines. These guidelines use a formula that generally considers:

• ● Both parents’ incomes. This includes wages and other sources such as bonuses, self-employment income, and investment income. The guidelines work from net income, meaning income after certain deductions.
• ● The number of children the order covers.
• ● Health insurance and medical costs, which are allocated between the parents.
• ● Child care costs.
• ● Parenting time. The guidelines include adjustments in some shared-parenting situations.

The guideline amount is presumed correct, but a court may depart from it when the guidelines recognize a reason, such as certain extraordinary expenses or special needs. When a court does depart, it must explain why.

The guidelines are reviewed periodically, and the numbers can change, so a calculation that was accurate a few years ago may not reflect the current rules. We can review the current version with you.

How Long Does Child Support Last?

In general, child support continues until the child turns 18. It may extend until age 19 if the child is still attending high school full-time. In limited circumstances, a Connecticut court may also order educational support for an older child who is in college or vocational school, subject to statutory limits. Whether this applies depends on the facts of the case and the terms of any agreement or order.

Child Support When Parents Were Not Married

Parents do not need to be married for child support to be ordered. If paternity has not been established, that is usually the first step. Once the court establishes legal parentage, it can address custody, parenting time, and support. If you are in this situation, we can explain how the process works.

How Do I Change a Child Support Order?

Life changes, and a child support order that was fair when it was entered may no longer fit your circumstances. Connecticut courts may modify an order when there has been a substantial change in circumstances or, in some cases, when the existing order differs significantly from what the current guidelines would produce. Situations that may support a request include:

• ● Job loss or a significant change in income
• ● A disability or serious illness that limits the ability to work
• ● A change in the child’s needs
• ● A change in the parenting schedule
• ● Changes in health insurance availability or cost

Timing matters. In general, a Connecticut court can modify support only starting from the date the other parent is formally served with the motion to modify. Waiting to file can mean losing the chance to change payments for the months in between. Do not simply stop paying or reduce payments on your own. Until a court changes the order, you still owe the original amount.

What Happens If Child Support Is Not Paid?

When a parent falls behind, unpaid support can build into an arrearage. Depending on the circumstances, enforcement options may include:

• ● Income withholding from wages
• ● Contempt of court proceedings
• ● Liens on property
• ● Interception of tax refunds
• ● Suspension of certain licenses
• ● Other remedies available through the court and state child support agencies

If you are owed support, we can help you understand your options. If you are the paying parent and have fallen behind, acting early may help you avoid more serious consequences. Either way, talk to an attorney before the situation grows.

What About Taxes and Child Support?

Under current federal law, child support is not taxable income to the parent who receives it, and it is not deductible by the parent who pays it. Which parent may claim the child as a dependent or take certain child-related tax benefits depends on the custody arrangement and IRS rules. Because tax rules change, we recommend speaking with a qualified tax professional about your situation.

How Do Child Custody and Child Support Work Together?

Courts decide custody and support separately, but they often come up together. Parenting time can affect how support is calculated, and support is not a condition of custody. A parent cannot be denied parenting time because support is unpaid, and a parent cannot withhold support because parenting time is denied. If one issue is causing problems with the other, the court is the place to resolve it.

For more on how courts handle these matters, see our divorce attorney page and our Family Law overview.

Frequently Asked Questions About Child Support in Bridgeport, CT

How is child support determined in Connecticut?

Courts begin with the Connecticut Child Support and Arrearage Guidelines, which consider both parents’ incomes, the number of children, and costs such as health insurance and child care. A court may depart from the guideline amount in limited situations.

Do both parents have to pay child support?

Both parents have a duty to support their child. In practice, one parent often pays the other, but the guidelines consider each parent’s income and expenses, and the amounts depend on the facts of the case.

Can child support be changed after it is ordered?

Yes. A parent can ask the court to modify an order, usually by showing a substantial change in circumstances. Modifications generally take effect only from the date the other parent is served with the request, so it is best not to wait.

What if my ex is not paying child support?

There are several enforcement options, including income withholding and contempt proceedings. We can review which ones may fit your situation.

Can we agree on child support without going to court?

Parents can negotiate an agreement, but the court generally must review and approve it for it to be enforceable. The court also considers whether the agreement is consistent with the guidelines and the child’s best interests.

Does child support end automatically at 18?

Not always. It generally continues until 18, or 19 if the child is still in high school, but the terms of your order or agreement control. Educational support for older children is possible in limited circumstances.

I was never married to the other parent. Can I still get child support?

Yes. Marriage is not required. Parentage must be legally established, and the court can then address custody, parenting time, and support.

What should I bring to a consultation?

Bring recent pay stubs, tax returns, existing court orders, any agreements, health insurance information, child care costs, and a record of payments made or received. If you do not have everything, come anyway; we can tell you what to gather.

Why Contact José Antonio Pol & Associates, LLC?

• ● Local focus: Our office is on Broad Street in Bridgeport, and we assist clients throughout Fairfield County.
• ● Personal attention: Attorney Pol handles each matter himself and communicates directly with clients.
• ● Clear explanations: We take time to explain your options and the possible risks and benefits of each decision.
• ● Related services: We also handle divorce, restraining orders, and other legal matters that can overlap with child support cases.