Conn. Agencies Regs. § 46b-215a-1

Current through October 16, 2024

Section 46b-215a-1 - Definitions

As used in this section and sections 46b-215a-2 c, 46b-215a-3a, 46b-215a-4b, 46b-215a-5c and 46b-215a-6:

(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) either 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 (including the HUSKY Plan) premium payments, for the parent and his or her legal dependents, provided the parent provides the name of the insurer and the policy number;

(E) court-ordered life insurance for the benefit of the child whose support is being determined;

(F) court-ordered disability insurance;

(G) mandatory union dues or fees, including initiation, to the extent deducted by the employer;

(H) the cost of mandatory uniforms and tools, to the extent deducted by the employer;

(I) court-ordered alimony and child support awards for individuals not involved in the support determination, provided:

(i) a deduction for such awards shall be allowed only to the extent of payment on any non-arrearage amounts; and

(ii) a deduction for such awards shall not be allowed where a downward modification is sought if, when such awards were entered, the awards for which downward modification is sought was taken into consideration; and

(J) an imputed support obligation for a qualified child, as determined in accordance with subsection (d) of section 46b-215a-2 c of the Regulations of Connecticut State Agencies.

(2) "Arrearage" means "past-due support" and includes 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.

(3) "Child" means an 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, schedule and worksheet established under this section and sections 46b-215a-2 c, 46b-215a-3a, 46b-215a-4b and 46b-215a-5 c, and 46b-215a-6 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 person is legally responsible under state law.

(10) "Deviation criteria" means those facts or circumstances specified in section 46b-215a-5c 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 not to exceed 45 total paid hours per week;

(iii) commissions, bonuses and tips;

(iv) profit sharing, deferred and incentive-based compensation and severance pay;

(v) tribal stipends and incentives;

(vi) 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);

(vii) military personnel fringe benefit payments;

(viii) benefits received in place of earned income including, but not limited to, workers' compensation benefits, unemployment insurance benefits, strike pay and disability insurance benefits;

(ix) veterans' benefits;

(x) Social Security benefits paid to the parent for the parent's own needs, provided when the parent whose income is being determined receives both Supplemental Security Income (SSI) and Social Security disability or retirement benefits, the Social Security income inclusion shall not exceed $5 per week;

(xi) Social Security dependency benefits paid on behalf of a child whose support is being determined, which are based on the earnings record of the parent whose income is being determined;

(xii) net proceeds from contractual agreements;

(xiii) pension and retirement income;

(xiv) rental income after deduction of reasonable and necessary expenses;

(xv) estate or trust income;

(xvi) royalties;

(xvii) interest, dividends and annuities;

(xviii) self-employment earnings, after deduction of all reasonable and necessary business expenses;

(xix) alimony being paid by an individual who is not a party to the support determination;

(xx) adoption subsidy benefits received by the custodial parent for the child whose support is being determined;

(xxi) lottery and gambling winnings, prizes and regularly recurring gifts (except as provided in subparagraph (B)(vi) of this subdivision); and

(xxii) education grants (including fellowships or subsidies, to the extent taxable as income under the Internal Revenue Code).

(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) Supplemental Security Income (SSI) payments, including those received on behalf of a child who is living in the home of the parent whose income is being determined;

(iii) Social Security disability or Social Security retirement benefits in excess of $5 per week, when the parent also receives SSI:

(iv) federal, state and local public assistance grants;

(v) earned income tax credit; and

(vi) 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 health care needs including, but not limited to, medical, mental health, vision or dental needs, and includes an order for either parent to:

(A) provide health care insurance for such child, or

(B) pay a cash medical support order, or

(C) pay all or a part of such child's health care expenses that are not covered by insurance or reimbursed in any other manner.

(13) "Health care expenses" means

(A) any medical, mental health, vision, and dental costs that are part of the overall treatment for the child's physical or mental health by a licensed health care provider, including, but not limited to, those for diagnosing, treating or preventing disease, injury or other damage to the body or mind, and

(B) any prescription or non-prescription items recommended by such licensed health care provider.

(14) "HUSKY Plan" means the plan to provide health care for uninsured children established under sections 17b-289 to 17b-307, inclusive, of the Connecticut General Statutes 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 17b-307, inclusive, of the Connecticut General Statutes.

(15) "Imputed support obligation" means a theoretical current support obligation computed for given children in accordance with section 46b-215a-2 c 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 (d) of said section and to calculate arrearage payments under section 46b-215a-3 a of the Regulations of Connecticut State Agencies.

(16) "Low-income obligor" means an obligor whose basic child support obligation is determined without considering the other parent's income, using the darker shaded area of the schedule.

(17) "Net disposable income" means:

(A) with reference to the custodial parent, the custodial parent's net income increased by the sum of:

(i) the presumptive current support order, and

(ii) the amount of any Social Security dependency benefits on the earnings record of the noncustodial parent that are paid on behalf of the child whose support is being determined.

(B) With reference to the noncustodial parent, the noncustodial parent's net income reduced by the sum of:

(i) the presumptive current support order, and

(ii) the amount of any Social Security dependency benefits on the earnings record of the noncustodial parent that are paid on behalf of the child whose support is being determined.

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

(19) "Noncustodial parent" means a parent who does not provide the child's primary residence.

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

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

(22) "Schedule" means the Connecticut Child Support Guidelines Schedule of Basic Child Support Obligations included in section 46b-215a-2 c of the Regulations of Connecticut State Agencies.

(23) "Shared physical custody" means a situation in which the physical residence of the child is shared by the parents in a manner that ensures the child has substantially equal time and contact with both parents. An exactly equal sharing of physical care and control of the child is not required for a finding of shared physical custody.

(24) "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.

(25) "Title IV-D" means the provisions of the federal Social Security Act, which require states to implement a child support enforcement program.

(26) "Worksheet" means form CCSG-1, Worksheet for the Connecticut Child Support and Arrearage Guidelines, which is intended for use with all applicable instructions in sections 46b-215a-2 c to 46b-215a-4b, inclusive, of the Regulations of Connecticut State Agencies. The worksheet is included in section 46b-215a-6 of the Regulations of Connecticut State Agencies.

Conn. Agencies Regs. § 46b-215a-1

Effective June 1, 1994; Amended August 1, 1999; Amended August 1, 2005; Amended July 1, 2015