(a) The child support and arrearage guidelines issued pursuant to section 46b-215a, adopted as regulations pursuant to section 46b-215c, and in effect on the date of the support determination shall be considered in all determinations of child support award amounts, including any current support, health care coverage, child care contribution and 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 to be ordered. A specific finding on the record at a hearing, or in a written judgment, order or memorandum of decision of the court, that the application of the guidelines would be inequitable or inappropriate in a particular case, as determined under the deviation 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 and arrearage 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; P.A. 11-214, S. 21; P.A. 21-104, S. 36.)
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; P.A. 11-214 amended Subsec. (a) to add provisions re arrearage guidelines issued pursuant to Sec. 46b-215a and adopted as regulations pursuant to Sec. 46b-215c, to include current support, health care coverage and child care contributions in determinations of child support award amounts, to add reference to deviation criteria re guidelines under Sec. 46b-215a and to make technical changes, and amended Subsec. (c) to add “arrearage” re guidelines; P.A. 21-104 amended Subsec. (a) to add provision re finding on the record “at a hearing, or in a written judgment, order or memorandum of decision of the court”, effective June 28, 2021.
Structure Connecticut General Statutes
Section 46b-187. (Formerly Sec. 17-334). - Payment of petitioner's representatives.
Section 46b-207. (Formerly Sec. 17-354). - Support services.
Section 46b-208. (Formerly Sec. 17-354a). - Powers of support service investigators.
Section 46b-215c. - Guidelines to be approved by legislative regulation review committee.
Section 46b-215d. - Certain earnings not considered income for purposes of guidelines.
Section 46b-216. (Formerly Sec. 17-321). - Support of surviving husband or wife by heirs.
Section 46b-217. (Formerly Sec. 17-322). - Relief from support.
Section 46b-219. (Formerly Sec. 17-326). - No liability for support of deserting parent.
Section 46b-222. - Regulations.
Section 46b-223. - Rules of court.
Section 46b-232. - Alteration or setting aside of support order by family support magistrate, when.
Section 46b-233. - Longevity payments.
Section 46b-234. - Report by the Attorney General to IV-D agency re performance standards.