HOW TO MODIFY CHILD
SUPPORT AND ALIMONY ORDERS
August 2005
Modifying Child Support and Alimony Orders
If you are having problems with the amount of child support or alimony you are receiving or the amount you have to pay, this booklet will give you some direction on where you can find help or show you how to handle the matter on your own.
Before you go on, be sure that A and either B-1 or B-2 are true: (circle all that apply):
A: An order concerning support or alimony has been made by a court in Connecticut and the person it was made against now lives in Connecticut;
and either B-1 or B-2 is true:
--or--
NOTE: If you have not circled A and at least one from B, you should not use the steps in this booklet.
Please read the entire booklet before proceeding.
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If Support Enforcement Services is handling the case, they can also do all of the steps needed to get your case to court for a modification. Support Enforcement Services (SES) will start a modification if your circumstances meet B-2 as described above.
Before you try to do a modification on your own, we urge you to seek the help of SES, your child support worker or an attorney if you can afford one. However, if you are the person who pays the child support (you are called the "obligor") and you have lost your job, you will probably be able to get into court faster if you file your motion for modification on your own rather than going through SES.
To get the phone number of your local Support Enforcement Services office and/or the Department of Social Services, call the Child Support Hotline at 1-800-228-KIDS (1-800-228-5437).
Does it make sense to go back to court to modify the child support 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:
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% |
| 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 ....
You can get a copy of the August 1, 2005 Child Support Guidelines from court or online at 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.
If you have read the first part of this booklet and want to go ahead with a modification on your own, the following steps will show you how. Read through the steps before you begin. There will be a filing fee ($70 as of this writing) and a $40 to $60 marshal's fee. (Note: sheriffs are now marshals). If you can't afford to pay these fees, you can ask the court to allow you not to pay. See the legal aid booklet, A Guide to Fee Waivers. Follow the steps below carefully, keeping in mind that court and marshal procedures may be different from one part of the state to another.
A. Filling Out Your Papers
1. The form to ask the court to make changes to your support or alimony order is called a Motion for Modification. Other forms must also be filled out and filed with the court clerk (see below for list). All of the forms are at the court clerk's office and on the State of CT Judicial web site www.jud.state.ct.us. You will also need to fill out a blank letter (included in this booklet) to give to the marshal. This letter asks the marshal to serve the papers (see Section B).
2. Prepare
your Motion for Modification using the sample below as a guide. Do not fill out the
back--the court will fill it out. Your motion will be filed with the clerk's office at the
same court that entered the original order. If you don't know your docket number and date
of the last court order, contact the clerk's office (in person or by phone). Give the name
of your case and ask for the information you need.
To modify ALIMONY or CHILD SUPPORT, you
will need to fill out: ALIMONY OR CHILD SUPPORT,
A
Motion for Modification . Form: JD-FM-174.
A pro se Appearance form. Form: JD-CL-12. (File when you file the motion to modify).
A Financial Affidavit Form: JD-FM-6. (The law says this must be filed at least 5 days before the hearing, but the court may accept it the day of the hearing).
An Advisement of Rights Re: Income Withholding Form: JD-FM-71. (File this at the hearing along with the Withholding Order for Support form listed next).
A Withholding Order for Support JD-FM-1 (also get JD FM-1(i) instruction sheet).
Case Input Record, Non IV-D Income Withholding Form JD-FM-150nput Record, Non IV-D Income Withholding (Form: JD-FM-150).
To modify Child Support, you will also need to fill out: (These forms are filed at the hearing).r
These forms need to be completed before the judge will hear your case. Call Statewide Legal Services at 1-800-453-3320 or (860) 344-0380 if you need help filling out the forms. The Family Services Officer might also be able to help.
3. Take your completed Motion for Modification (see Sample below) to the court clerk's office. The clerk will write in the date and time of the hearing as well as the date by which the marshal must serve the papers. Ask the clerk whether you can pick the papers up or have them mailed to you.
In some courts, the filing fee or fee waiver papers must also be filed at this time. While at other courts, you wait until the papers have been served. Ask the court clerk for a fee waiver application (see Sample below) at the clerk's office.
4. Fill out and file a "pro se" Appearance form (see Sample below). This form tells the court you are representing yourself.
5. Ask the clerk for a list of marshals.
6. After the clerk has given the papers back to you, make two copies of the motion--one for yourself and one for the marshal.
If the children get TFA (state welfare), you must make an extra copy and mail it to: Assistant Attorney General, 55 Elm St., Hartford, CT 06106.
B. Getting the Papers "Served" (Given to the Other Party)
7. Before contacting the marshal, fill out the BLANK FORM for the marshal's letter. Use Sample Form 2 on Page 12 as a guide. Whether you contact the marshal in person or by mail, you should give him/her this completed letter along with the rest of the motion. The information in the letter will make it easier for the marshal to "serve" the other party.
8. Either bring or mail the original motion and one copy to a marshal who covers the town in which the other parent lives or works. Ask the clerk or an available marshal how you can reach a marshal who can help you. A list of marshals is also on the Judicial web site www.jud.state.ct.us.
The marshal's fee for services is around $40 to $60. Some marshals will bill you after service and some may require payment in advance. You can call the marshal and find out. If you have received a waiver of fees from the court, tell the marshal that. (The blank marshal's letter has a place to check payment type).
9. After the marshal makes service, he/she will give you the original motion with the Return of Service. The Return of Service shows when and where he/she gave the papers to the other party. Make a copy of the Return of Service for your records.
10. Bring (or mail) the original motion and the marshal's Return of Service to the clerk's office to file. You will now have to pay the filing fee if you have not already paid or if you did not get a waiver from the court.
NOTE: Depending on your situation, you may have your case heard by either a judge or a family support magistrate. For ease of reading, we refer to this person as a judge in this pamphlet.11. If you have not already done so, fill out the financial affidavit before you go to court on the date of your hearing. The Legal Aid booklet, A Guide to Financial Affidavits will tell you which items you should include in the financial affidavit. You must sign the financial affidavit in front of a notary public, a clerk of the court, or an attorney.
Make three copies of the financial affidavit--you will have to give the completed financial affidavit to the judge at the hearing and one to the other party. Keep one copy for your records.
D. Presenting Your Case in Court
12. Get to the court about a half hour before your court hearing time. Try to talk to a Family Services Officer or a Support Enforcement Officer as this person can help you with how things happen in that particular court. Be sure to ask this Officer when your case will be heard. And, tell the Officer if you and the other party have or have not reached an agreement.
13. If this is a child support case, you will need to fill out a worksheet from the Child Support Guidelines. This worksheet will show what the Guidelines say the child support order should be. (If you don't have a worksheet, you may be able to get one from the court clerk).
14. Listen to the judge's or magistrate's instructions when he/she opens the court.
15. When your case is called, say your name for the court reporter. Be polite and respectful of the judge and the other side. If you have an agreement, present the agreement to the clerk. If you have not reached an agreement, you will speak before the other side in your case speaks since you made the motion to change the court order. Give your side of the story slowly and completely. Try to stay to the facts. The other side will have the right to ask you questions (cross-examination). State what you are seeking, for example, an increase in child support. State what was previously ordered and what has substantially changed. If this is a child support case, tell the judge how you calculated child support on the worksheet and the reason for the child support order to be raised or lowered. The judge will probably require that you be "sworn in" (take an oath to tell the truth) before you testify.
Be specific about how much more you want the other party to pay or how much less you are able to pay, and give the reasons why.
16. The other side will be allowed to present its case after you are finished presenting your case. You will have the right to cross-examine the other party and his/her witnesses, but your questions should relate only to what they testified about. Never argue with a witness. You also have a right to testify again to rebut what was said.
17. After the witnesses have testified, the judge may allow both sides to make a short argument (that is, briefly say why the order should be changed). You will probably be given the chance to speak first. Stay on the specific issues raised in your motion. The judge may lose patience if you go on too long.
18. At the end of the hearing, the judge may make a ruling "from the bench" (right then and there). Often, though, the judge will say, "I'll take the papers," which means a decision will be made later. In that case, the clerk will send you a copy of the court's decision which will have the judge's orders. If you do not hear from the court in a few days, call the clerk and ask about the case.
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19. When the judge says how much a child support or alimony order will be, he
or she will usually say that there is an "immediate wage execution." This
means that if you fill out the proper paperwork, the payments ordered will be taken out of
the paycheck of the person paying.
The proper paperwork for both child support and alimony includes three forms as shown below. The forms are available from the court clerk or on the judicial website.
> Mail the Case Input Record (JD-FM-150) and the Order to Withhold Income (JD-FM-1) which was signed by the court clerk to the address noted on the form: Child Support Information and Problem Resolution Unit (IPRU), P.O. Box 320680 Hartford, CT 06132.
It is important to send these two forms as it prompts the state's support enforcement unit to: (1) set up an account for the payments and (2) serve the employer with the withholding order. (Employers must send withheld child support to the State Disbursement Unit and the money could just sit there if no account is established).NOTE:
If for any reason the person ordered to pay does not pay, he or she can be brought to
court for "Contempt of Court." See the Legal Aid pamphlet, How to Get
a Contempt Order. Or contact the SES office if you are eligible for help with
child support enforcement as explained on Page 2.
Marshal's Letter
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Date:_____________________
____________________________
(Marshal’s Name)
____________________________
(Address)
____________________________
(City, State)
Dear Marshal:
Enclosed please find a Motion for Modification or Motion for Contempt
Citation/Motion for Modification to be served on____________________________________.
The best place to serve him/her is at his/her home address at
___________________________________________________ between the hours of _________
and__________ or at his/her place of employment, _______________________________, located
at ____________________ ____________________________________, between the hours of
_________ and ___________.
_______________________________________ is _______ years old, ______ tall, and
(Name of person to be served)
_____________________________________________________________________________.
(physical description).
Please make your return of service to me and bill me directly. Please file proof of
service with this court at least six days before the hearing. Please call me if you have
any questions. Thank you.
Sincerely,
________________________________
(Your Name)
________________________________
(Your Street Address)
________________________________
(Your City, State, Zip)
________________________________
(Your Telephone Number)
Samples: Sorry...samples are unavailable on the text version at this time. (Link to PDF
version of this pamphlet.)
Statewide Legal Services: (860) 344-0380 (Central Connecticut & Middletown area) 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 the 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.Copyright: 8/2005