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CHILD SUPPORT IN CONNECTICUT:
UNDERSTANDING THE CHILD SUPPORT GUIDELINES

The determination by the Court of an appropriate child support payment to be made by the non-custodial parent to
the custodial parent is calculated in accordance with a set of guidelines and procedures created by a special
commission under the authority of the state legislature. It is important for parents to understand that these guidelines
are, for the most part, concerned only with the income of the parents and not with expenses. This key concept is very
difficult for many of those parents who must pay support to understand because most individuals determine what
they can afford to pay after reviewing both income and expenses. In Connecticut, however, the Courts have ruled
that the expenses of a parent must, for the most part, be secondary to the needs of supplying support for the child.

The Guidelines are based on the number of children to be covered and the combined net income of both parents.
For the purposes of calculating net income in the support context many items normally considered payroll deductions
are not allowed and added back into a parents income. The most common items which are not considered allowable
deductions include contributions to 401K plans, payroll deductions for credit union accounts and other payroll
savings plans such as United States Savings Bond plans. In general, the Guidelines only permit mandatory payroll
deductions which include tax withholding, medical insurance deductions, FICA/Medicare taxes and union dues.
Custodial parents may also deduct not reimbursed day care expenses for the children being considered and non-
custodial parents may deduct prior court orders to pay child support or alimony.

Using a special worksheet, the net income of each parent is determined and combined. The appropriate basic
support obligation is obtained from the guideline chart. The cost of medical/dental insurance coverage for the child is
added to the basic obligation to obtain the total support figure. Each parent’s percentage of the combined net
income is calculated and applied to the total support figure. The parent who is paying for the child’s medical/dental
coverage is given a credit for that payment before determining each parents specific obligation. Generally, a non-
custodial parent with a net income of less than $1,000 weekly can expect to pay roughly twenty-five (25%) percent of
net income in child support for one child and thirty-five (35%) percent for two children.

Deviations from the Guidelines are permitted in special circumstances such as a child with special medical or other
needs or extraordinary expenses of either parent. In order to obtain a deviation, the court must made a specific
finding on the official court record as the reasons why the deviation is appropriate under the circumstances. Child
support payments can be modified at anytime during the pendency of the case or after judgment is entered as long
as the child is still a minor and there has been a significant change in circumstances. A significant change in financial
circumstances is usually defined as a increase or decrease in income of at least fifteen (15%) percent.

A skilled attorney can assist either the custodial or non-custodial parent to be sure that the support determination is
fair and all appropriate items are included. Weekly payments for as long as eighteen years involves a great deal of
money even at the lowest income levels, competent legal representation is important because the computation is
precise and the procedure is complex.

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Frequently Asked Questions About Divorce Mediation

What is Divorce Mediation?
Divorce Mediation is an alternative process for dissolving a marriage that allows the separating couple to decide all
the major decisions necessary in such an important life decision. Couple who mediate create a parenting plan that is
workable for them and beneficial to their children. They decide how to divide their assets and their liabilities and what
to do with their personal property. Mediation is usually less expensive than the tradition adversary proceedings and
helps to foster a good working relationship between the divorcing couple who must still function as parents.

How does it work?
Couples often ask how they can mediate when the entire reason their marriage failed! The answer is simple. With the
help of a trained and skilled mediator the couple is guided through a process that allows them to focus on the needs
of their families and themselves rather than dwell on past arguments and disappointments. Mediation is not counseling
and there is no attempt to access blame or responsibility on any party; the emphasis is entirely on how to make the
future arrangements work best for everyone. Mediation allows couples to divorce without destroying families.

Do you still need to go to court?
If you want to dissolve your marriage in the State of Connecticut, you must obtain a judicial decree which involves the
commencement of a legal action commonly known as a divorce. With successful mediation, however, you will probably
only have to make one court appearance at the very end of the process and that will be a brief one. Your case will be
categorized as "uncontested" and only require very simple testimony as when and where you were married, the names
of any children and how long you have lived in the state. The judge will review your written agreement (see
Memorandum of Agreement below), decide that it is fair and enter a decree dissolving the marriage. Most such
hearing take ten minutes or less.

Do I need to hire an attorney?
Most mediators will suggest that have legal representation during the mediation process, but that is certainly not
necessary. If you are the plaintiff—the one who is bringing the legal action—you will need to file certain documents
and forms and it would be helpful to have an attorney to do that. Some people decide to represent themselves or
appear Pro Se before the court. It is also helpful to have an attorney to help guide you through some of the decisions
you will be making in the mediation process. An attorney can explain your options under the law in your specific
circumstances and offer expert opinions on possible outcomes. The mediator can help explain the law, but can not
offer legal advice. Finally it is important to have an attorney review your final agreement to be sure that all of your
rights have been addressed. Frequently an attorney will charge a much lower fee if you are involved in mediation
because the amount of time that attorney must spend on your case will be considerably less than in a tradition divorce.

Can mediation be successful if the parties are not "equal"?
What if the husband is a highly successful executive with a great deal of experience in negotiating big business deals
and the wife has been a full-time mom? How can the wife mediate against her husband? The answer is that the couple
is mediating together. One of the jobs of the mediator is help keep "the playing field level" so that the parties can deal
with one another despite differences in professional experiences or education. Also by focusing on the future needs of
the family, the couple are working for a common goal despite the fact that they are separating. Remember, mediation
is not arbitration in which a third party listens to both sides and then hands down a decision. In mediation the third
party is there to assist the couple in reaching decisions with which they both can agree.

Does mediation always work?
No. There are couples who for whatever reason that are not successful in mediation. They are in the minority and
process works for the great majority of those who attempt it. Even if the process does not work, neither party is at any
greater risk because courts usually will not consider evidence of unsuccessful mediation offers in reaching its own
decision. Therefore any settlement offer or discussion that might have been made in the spirit of compromise could
not come back to haunt its maker later on.

A recent article in USA Today indicated that "several studies have shown that 60% to 65% of couples who mediate are
able to hammer out lasting agreements".

Are all mediators lawyers?
Many mediators are experienced family law attorneys, but certainly not all mediators are lawyers. Many are mental
health practitioners such as therapists and some have no other training at all. Presently there are no state laws
regulating mediation and anyone can call himself a "mediator".

How can I be sure I have a competent and well trained mediator?
Although there is presently no state certification or licensing of divorce mediators, there are reputable organizations of
mediators. You should ask if the person you are dealing with is a member of the Academy of Family Mediators ,the
Association of Family and Conciliation Courts or the Society of Professionals in Dispute Resolution all of which are
national organizations. In Connecticut, most reputable mediators are members of the Connecticut Council for Divorce
Mediation. These organizations usually require their members to have a certain level of professional training, to follow
a code of professional responsibility and to participate in continuing education. Finally, you should only deal with
mediators who are fully insured.

How long does mediation take?
While the specifics of each couple’s situation will dictate the complexity and the length of their mediation, it is not
unusual for the process to take 8-12 sessions most of which will be two hours long.

What does mediation cost?
The cost of mediation varies with the mediator but most charge an hourly fee payable at the end of each session.
Typically, an additional two hour fee is charged for administrative work including the drafting of the couples’
Memorandum of Agreement. In central Connecticut mediators charge anywhere from $100 an hour to $250 an hour.

What is the Memorandum of Agreement?
The Memorandum of Agreement is a detailed written document of all the many agreements the couple has reached
throughout the mediation process. It is this document that will form the basis for the divorce decree entered by the
court. It is important that the Memorandum cover all the essential areas in sufficient detail so that the court can clearly
understand what the parties have agreed and want to be made the orders of the court.

Why is mediation a better alternative to litigation?
Mediation is a better alternative for many reasons. It is usually quicker and less expensive. Litigation intensifies the
animosity between the parties; frequently people say things during a nasty divorce that they may regret later but the
words are preserved as official court testimony. Mediation encourages the parties to work together and focus on the
future of their now two family units. Finally, mediated dissolution's tend to hold together longer and require far fewer
future court actions. Due to the fact that the mediated divorce is the product of the parties, they feel invested in the
decisions and strive to make them work. Orders handed down by courts often are resented by one or both parties.