If You
Are Behind On Child Support Payments
July 2005
Who
owes child support?
What
can happen if I don't pay?
Do I
get a public defender?
What should I do if I am behind on child support?
What if the child support order needs to be changed?
What
if I was never notified of the child support case until a support order was already
entered?
What if I've been contacted by
a collection agency?
Does it make
sense to go back to court to modify the order?
For more information
Who owes child support?
All parents in Connecticut are responsible for the support of their children. But this
responsibility or liability is not legally enforceable until there is a
court order. In other words, you can’t be forced to pay child support unless there is
a court order against you. However, when a court enters an order, the order may include
back-due child support that should have been paid before the court order went into effect.
If you are not aware of any court case against you involving child support, first go to
the nearest Superior Court (Judicial District) courthouse and ask if there has been a
paternity or support judgment naming you as a defendant. You can also check the
website at www.jud.state.ct.us.
If the Support Enforcement System is
involved, you may want more information on the support order. If so, call the Child
Support Hotline at the Department of Social Services (1-800-228-KIDS) or VOICES, the Child
Support Information Line (1-800-647-8872).
What
can happen if I don't pay?
If there is a valid child support order against you, and you don’t make payments as
required by that order, contempt of court proceedings can be brought against you. The
court may also suspend your professional license or driver's license, attach your wages,
or place a lien on your property.
You can be found in contempt of court for not paying child support, only if:
(1) You are served with papers telling you of a court hearing;
(2) The court gives you a chance to explain your side of the story and finds:
a. you have the ability to pay the order
b. you deliberately did not pay
If you are found to be in contempt of court, the court can enter an order
designed to get you to follow the court order in the future, including putting you in jail, until you pay a specific amount of child support.
to have your driver's license or professional license suspended. For the court to issue a suspension order you must: (1) be notified of the court proceedings and that your license could be suspended; (2) be found by a judge to be able to make the court-ordered support payments but intentionally failed to do so; and to be able financially to follow (comply with) the conditions of the suspension order. Once the order is issued, you have 30 days to comply. Your license could be suspended any time after the 30 days. However, the state must take steps to suspend your license within 45 days after that 30-day period or the suspension order is no longer valid.
Do I get a public defender?
You do have the right to be represented by a lawyer before the court finds that you should
go to jail. If you are poor (that is, if your income is around the level of welfare
recipients) the court must appoint you a lawyer. This lawyer will not be from the public
defender's office, but will be paid by the state. Be sure to let the court know you want a
lawyer.
What should I do if I am behind on
child support?
If you have fallen behind on or stopped making support payments, the best advice is to pay
as much of the child support order as you can and to try to make up as much of the missed
payments as you can. Making some payments shows the child support agency and
the court that you are doing your best, even though you may not be able to follow the
court order completely. If you don't make any payments, it will probably seem to the court
that you do not care about the child support order.
What if the child support order needs to be
changed?
You can file a motion to modify the child support order if:
1) your circumstances have "changed substantially" since the child support
order was entered by the court, or
2) the child support order is higher than it should be based on Connecticut's Child
Support Guidelines (see pages 5 & 6)
Examples of when the court may agree that
your circumstances have "changed substantially" include: You lost your job
because of a disability or you were laid off from work.
If the State has been involved in the collection of your child support payments, then the
State can help you file the motion (see the Legal Aid pamphlet, If
You Need Help Modifying Support Orders). If the State has not been involved, and
you cannot afford a lawyer, you can represent yourself (see the Legal Aid pamphlet, How
To Modify Child Support And Alimony Orders).
A modification of a child support order cannot change the amount you owe on payments which
should have been made in the past. A modification can only affect future payments.
For this reason, it is important to seek a modification, when appropriate, as soon as
possible. Be sure to read the section--"Does it make sense..."
in this document.
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What if I was never notified of the child support case until a
support order was already entered?
If you never received notice of the court proceeding in which you were ordered to pay
child support, you may have grounds to reopen the judgment or to petition for a new trial.
Your right to do so will depend on the particular facts of your case, and there is only a
very short period of time to do this. Under these circumstances, you should consult a
lawyer immediately.
NOTE:
You can be put in jail for not paying pay child support ONLY IF you have a court hearing with an opportunity to be represented by a lawyer and the court finds that you were able to pay, but that you deliberately did not pay.
You can be arrested for failing to show up at a contempt hearing.
What if I've been contacted by a collection
agency?
If you have been contacted by a collection agency about a child support debt to the State
of Connecticut, you have the right to ignore that contact. (See the Legal Aid pamphlet, Debt
Collection Practices). The collection agency cannot take you to court itself. If
the collection agency cannot collect on the account, it will refer your case back to the
State. The State will decide, if it believes you are not obeying the child support orders,
whether to bring you into court for "contempt of court."
If you want the collection agency to stop
contacting you, you should write them a letter telling them not to contact you any more.
(See our pamphlet, Debt
Collection Practices). Keep a copy of the letter. If you feel you are being
threatened unfairly, you can call the Department of Consumer Protection (1-800-842-2649)
or contact a private lawyer to complain.
If you want to discuss your situation and your payments, you should call the Child
Support Hotline (1-800-228-KIDS) and get the phone number for the child support office
handling the case.
Does it make sense to go back to court to modify the order?
The law requires that Connecticut's Child Support Guidelines be followed unless a judge finds an important reason not to follow them. The Child Support Guidelines tell the court how much a person should pay based on the income of the parents. The law also allows the court to modify an order if the amount of the order is more than 15% different from the amount under the guidelines. So, you should compare your support order carefully with what the order would be under the current guidelines. But a court hearing a motion to modify can change the support either DOWN or UP. So, before you file a motion to modify, carefully look carefully to see if the modification will help you.
The noncustodial parent must contribute at least 10% of his or her income, starting with $50 per week. That percentage increases gradually as income goes up. Certain types of disability payments do not count as income (such as Supplemental Security Income/SSI and State Administered General Assistance/SAGA).
Support orders may include additional amounts for daycare costs and medical expenses. The new laws could mean much higher support orders for those with incomes above certain amounts if the custodial parent has unreimbursed day care costs or if the child has Medicaid or HUSKY B medical coverage.When comparing your current support order, remember:
may include additional amounts for health care and child care costs.
| RANGE OF CHILD SUPPORT PAYMENTS | |
| Number of Children | Percentage of Income |
| 1 | 22 to 24% |
| 2 | 30 to 35% |
| 3 | 34 to 42% |
| 4 | 39 to 46% |
There will be an additional amount for health coverage if it is available to you through your employment at a reasonable cost. If the child/ren receive HUSKY health coverage, you will also be expected to contribute to these costs, in proportion to your income as a percentage of the combined income of both parents.
Special rules on HUSKY and child care costs for low-income person who is paying child support:If the income of the person paying support is at or below the following:
| Number of Children | Net weekly income of person who pays the child support is at or below: |
| 1 | $250 |
| 2 | $300 |
| 3 | $320 |
| 4 | $360 |
| 5 | $390 |
| 6 | $420 |
You can get a copy of the August 1, 2005 Child Support Guidelines from court or online at http://www.jud.state.ct.us/external/news/childsupport.htm.
NOTE: Do you live with the child for
whom support is owing and have an order against you to pay back support (arrearage) only? In
this case, the weekly order is $5 per month unless your gross income is more than
250% of poverty. If your existing order on an arrearage is higher than this, and you are
the custodial parent, you may be able to get a modification. If this is your case and the
state takes your tax refund for payment of back support, you are entitled to have the
state return your tax refund to you. Contact your Support Enforcement worker.
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Statewide Legal Services: (860) 344-0380
(Central CT & Middletown) 1-800-453-3320 (All other regions)
This document was produced by the Legal Assistance Resource Center
of CT in cooperation with CT Legal Services, Greater Hartford Legal Aid, New Haven Legal
Assistance Association, and Statewide Legal Services.
The information in this document is based on laws in CT as of July 2005. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney. Copyright: July 2005