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Connecticut Child Support Definitions

Definitions

(1)"Allowable deductions" means average weekly amounts subtracted from gross income to arrive at net income, and are limited to the following:

(A)federal, state, and local income taxes, based upon all allowable exemptions, deductions and credits;
(B)social security taxes or, in lieu thereof, mandatory retirement plan deductions for an amount not to exceed the maximum amount permissible under social security;
(C)medicare tax;
(D)medical, hospital, dental, or health insurance premium payments for the parent and his or her legal dependents other than the child whose support is being determined, provided the parent provides the name of the insurer and the policy number;
(E)mandatory union dues or fees, including initiation;
(F)court-ordered alimony and child support awards for individuals not involved in the support determination, provided a deduction for such awards shall be allowed only to the extent of payment on any non-arrearage amounts; and
(G)an imputed support obligation for a qualified child, as determined in accordance with subsection (e) of section 46b-215a-2a of the Regulations of Connecticut State Agencies.

(2)"Arrearage" is synonymous with "past-due support" and means any one or a combination of the following:

(A)court ordered current support or arrearage payments which have become due and payable and remain unpaid;
(B)unpaid child support award amounts which have been reduced to a judgment or otherwise found to be due by a court of competent jurisdiction, whether or not presently payable; and
(C)support due for periods prior to an action to establish a child support order, provided such amounts are based upon the obligor’s ability to pay during the prior periods if known or, if not known, on the obligor’s current ability to pay if known or, if not known, upon assistance rendered to the obligor’s child.

(3)"Child" means an unemancipated individual whose parents have a duty to provide support, and includes "children" where the context so requires.

(4)"Child care costs" means amounts expended for the care and supervision of a child whose support is being determined.

(5)"Child support and arrearage guidelines" means the rules, principles, schedule, and worksheet established under sections 46b-215a- 1, 46b-215a-2a, 46b-21 Sa-3,46b-215a-4a, and 46b-215a5a, of the Regulations of Connecticut State Agencies for the determination of an appropriate child support award, to be used when initially establishing or modifying both temporary and permanent orders.

(6)"Child support award" means the entire payment obligation of the noncustodial parent, as determined under the child support and arrearage guidelines, and includes current support payments, health care coverage, child care contribution, and periodic payments on arrearages.

(7)"Current support" means an amount for the ongoing support of a child, exclusive of arrearage payments, health care coverage, and a child care contribution.

(8)"Custodial parent" means the parent who provides the child’s primary residence.

(9)"Dependent" means a spouse or child for whom a parent is legally responsible under state law.

(10) "Deviation criteria" means those facts or circumstances described in section 46b-215a-3 of the Regulations of Connecticut State Agencies which may justify an order different from the presumptive support amounts.

(11) "Gross income" means the average weekly earned and unearned income from all sources before deductions, including but not limited to the items listed in subparagraph (A) of this subdivision, but excluding the items listed in subparagraph (B) of this subdivision.

(A) Inclusions

The gross income inclusions are:

(i)salary;
(ii)hourly wages for regular, overtime, and additional employment up to a maximum of 52 total paid hours per week;
(iii)commissions, bonuses and tips;
(iv)profit sharing, deferred compensation and severance pay;
(v)employment perquisites and in-kind compensation (any basic maintenance or special need such as food, shelter, or transportation provided on a recurrent basis in lieu of or in addition to salary or wages);
(vi)military personnel fringe benefit payments;
(vii)benefits received in place of earned income including, but not limited to, workers’ compensation benefits, unemployment insurance benefits, strike pay and disability insurance benefits;
(viii)veterans’ benefits;
(ix)social security benefits (excluding Supplemental Security Income (SSI)), including dependency benefits on the earnings record of an insured parent that are paid on behalf of a child whose support is being determined;
(x)net proceeds from contractual agreements;
(xi)pension and retirement income;
(xii)rental income after deduction of reasonable and necessary expenses;
(xiii)estate or trust income;
(xiv)royalties;
(xv)interest, dividends and annuities;
(xvi)self-employment earnings, after deduction of all reasonable and necessary business expenses;
(xvii) alimony being paid by an individual who is not a party to the support determination;
(xviii) regularly recurring gifts, prizes, and lottery and gambling winnings (except as provided in paragraph (B)(iv) of this subdivision); and
(xix)education grants (including fellowships or subsidies that are available for personal living expenses).

(B) Exclusions

The gross income exclusions are:
(i) support received on behalf of a child who is living in the home of the parent whose income is being determined;
(ii) federal, state and local public assistance grants;
(iii) earned income tax credit; and
(iv) the income and regularly recurring contributions or gifts of a spouse or domestic partner.

(12) "Health care coverage" means any provision of the child support award that addresses the child’s medical or dental needs, and includes an order for either parent to:

(A)provide medical or dental insurance for such child, or
(B)pay all or a part of such child’s medical and dental expenses that are not: covered by insurance or reimbursed in any other manner.

(13) "Husky Plan" means the plan to provide health care for uninsured children established under sections 17b-289 to 17b-304, inclusive, of the Connecticut General Statutes and section 16 of Public Act 97-1 of the October 29 Special Session, and includes:

(A)the Husky Plan, Part A (also known as Medicaid) for children receiving assistance under section 17b-261 of the Connecticut General Statutes; and
(B)the Husky Plan, Part B for children receiving assistance under sections 17b-289 to 17b304, inclusive, of theConnecticut General Statutes.

(14) "Imputed support obligation" means a theoretical current support obligation computed for given children in accordance with section 46b-21 Sa-2a of the Regulations of Connecticut State Agencies, the amount of which obligation is used to determine the allowable deduction for a qualified child under subsection (e) of said section and to calculate arrearage payments under section 46b-215a-4a of the Regulations of Connecticut State Agencies.

(15) "Low-income obligor" means an obligor whose current support obligation is generally determined without considering the other parent’s income, using the darker shaded area of the schedule.

(16) "Net disposable income" means:
(A)with reference to the custodial parent, the sum of the parent’s net income and the current support order; and
(B)with reference to the noncustodial parent, the difference between the parent’s net income and the current support order.

(17) "Net income" means gross income minus allowable deductions.

(18) "Non-custodial parent" means a parent who does not provide the child’s primary residence.

(19) "Obligor" means a parent who is ordered to make payments under a child support award.

(20) ’"Presumptive support amounts" means the child support award components calculated under sections 46b-21 Sa-2a and 46b-21 5a-4a of the Regulations of Connecticut State Agencies, prior to consideration of the deviation criteria specified in section 46b-215a-3 of the Regulations of Connecticut State Agencies.

(21) "Schedule" means the Connecticut Child Support Guidelines Schedule of Basic Child Support Obligations included in section 46b-21 5a-2a of the Regulations of Connecticut State Agencies.

(22) "Shared physical custody" means a situation in which the noncustodial parent exercises visitation or physical care and control of the child for periods, substantially in excess of a normal visitation schedule. An equal sharing of physical care and control of the child is not required for a finding of shared physical custody.

(23) "Split custody" means a situation in which there is more than one child in common and each parent is the custodial parent of at least one of the children.

(24) "Worksheet" means the Worksheet for the Connecticut Child Support and Arrearage Guidelines, which is intended for use with all applicable instructions in sections 46b-215a-2a and 46b-2 1 Sa-4a of the Regulations of Connecticut State Agencies. The worksheet is included in section 46b-215a-5a of the Regulations of Connecticut State Agencies.