If You Need Help Modifying Support Orders

Do you Pay Child Support? Do you Receive Child Support? Do You Need a Support Order Modified? How and When the State May Help You.
August 2005

Does your child support order need to be changed?
How to get help modifying support orders
What are the advantages and disadvantages of having the State help modify the order?
How do I qualify for help from the State?
Where do I go for help?
What will the Support Enforcement System do for me to help me get the order changed?
Will Support Enforcement ever take steps to modify the order without me or the other party asking for the change?
Does it make sense to go back to court to modify the order?
For more information...

Does your child support order need to be changed?
There are times when you may want to change your child support orders. If the support you are paying or receiving is too low or too high, it can only be changed by the court. The court will allow changes to support if your circumstances have "changed substantially" or if your order "substantially" deviates (differs) from the Child Support Guidelines. Here are some examples of when the court would agree that your circumstances have changed substantially:

You lost your job because of a disability.
You were laid off from work.
The other parent makes more money now.
You are paying day care so that you can work
It has been more than 3 years since your order was reviewed by the court.

The court will find that your support order "substantially deviates" from the guidelines if it is 15% higher or lower than what the existing guidelines require. You can get a copy of the Child Support Guidelines (effective Aug. 1, 2005) from the court or online by clicking on the link "Child Support Guidelines" above.

How to get help modifying support orders
You can hire an attorney, represent yourself, or ask the State's Support Enforcement System to bring the case to court for you. This pamphlet tells you how to seek help from the State's Support Enforcement System to modify your order. The State calls this process "review and adjustment." To represent yourself, see the Legal Aid pamphlet, How to Modify Child Support and Alimony Orders.

There is no filing fee, which would otherwise be $70.
The State will take care of serving the papers. This saves you the expense and inconvenience of trying to find a marshal (formerly sheriff).
The State may be able to find out about the other parent's income before bringing the case. Finding out about this income may be difficult if you bring the case on your own. But the State will only help you once every three years unless there is a substantial change of circumstances.

Are there disadvantages to having the State help me?
It may take longer to have the State bring the case. If you are the person who is paying the child support (you are called the "oglibor") and you have lost your job, you will probably get to court faster if you file your motion for modification on your own.

How do I qualify for help from the State?
Either parent can ask the State for a "review and adjustment" of the support order if the State is handling the case. The request must be in writing. Either parent can request Support Services (to have the State handle the case) at any time.

If the review of your case shows that the order is more than 15% different from what the child support guidelines require, the Support Enforcement System should do a modification for you. The law presumes that a difference of less than 15% is not substantial.

Even if the State decides it cannot help you, you can still bring a motion to modify on your own. For example, this may happen if the State believes that the other parent's income is less than you know it to be. (To bring the motion to modify on your own, see the Legal Aid pamphlet How to Modify Child Support and Alimony Orders).

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Where do I go for help?
Contact the Support Enforcement Division of the Court (SED). Ask for a "review and adjustment" of the order in writing. If you are not sure where to go, or need more information, call the Child Support Hotline (1-800-228-KIDS).

What will the Support Enforcement System do for me to help me get the order changed?
When you ask for a review and adjustment, the support enforcement office will ask for financial information from each parent. When they have the information, they will determine whether the order is more than 15% different from what it should be under the Child Support Guidelines.

If the order is more than 15% different from the guidelines, the office will begin a modification. This means that the office will prepare the papers, serve them on the other parent, and file the papers in court.

The support enforcement office WILL NOT REPRESENT YOU IN COURT. You will have to represent yourself at the hearing. See the Legal Aid pamphlet, How to Modify Child Support and Alimony Orders, which explains what will happen at the hearing.

Will Support Enforcement ever take steps to modify the order without my or the other party asking for the change?

Yes, under a law passed in 2004, Support Enforcement now has the authority to start a modification of a child support order when they get information that there has been a "substantial change of circumstances." Examples of a substantial change of circumstances include such things as change of custody or a big change in income. Support Enforcement can take this action without either parent asking.

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 or support magistrate finds an important reason not to follow them. The law also allows the court to change (modify) an order if the amount of the order is more than 15% different from the amount under the 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, 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 day care 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:

If the child is under 18, the total support order will include:
- an amount for "current" support, and
- may include additional amounts for health care and child care costs.

Current support will be in the ranges below, if the net income of you and the other parent combined is below $1000 per week:

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 income of 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

... then ....

contributions to HUSKY will not be required,
and (depending on the other parent's income) child care contribution will be limited to between 20 and 50% of the cost of child care.

You can get a copy of the August 1, 2005 Child Support Guidelines from court or online by clicking on the link.

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.

For more information:

Call Statewide Legal Services at 1-800-453-3320 or 860-344-0380.

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 August 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.