Child Support Modification - Connecticut

SUPERIOR COURT OF CONNECTICUT

FAMILY DIVISION

JUDICIAL DISTRICT OF [DISTRICT NAME] AT [COURT TOWN]

Docket No.: [________________]

Date: [__/__/____]

MOTION TO MODIFY CHILD SUPPORT, AFFIDAVIT, AND PROPOSED ORDER

(Conn. Gen. Stat. § 46b-86(a); Conn. Agencies Regs. § 46b-215a-1 et seq.)

Motion type for caption under Practice Book § 25-26(d): ☐ Pendente lite ☐ Postjudgment

Before filing: If § 46b-86(c) directs this motion to the Family Support Magistrate Division because a party or child receives or has received the listed state aid, HUSKY A, or foster care, or a party has applied for Title IV-D services, adapt the caption and procedure to that division. For a Superior Court hearing, file the sworn financial statement at least five business days before the hearing under Practice Book § 25-30(a), file the completed guidelines worksheet at the hearing under § 25-30(e), and submit form JD-FM-71 under § 25-30(f). The Judicial Branch's JD-FM-174 modification instructions use a clerk-issued order for hearing and summons with state-marshal delivery. Practice Book § 25-26(c) specifically addresses an unrepresented applicant when citation of another party is necessary. Identify the applicable route and complete the service record below. If requesting retroactive relief, document service of notice of the pending motion pursuant to § 52-50; ordinary delivery under Practice Book §§ 10-12 and 10-13 alone does not establish the § 46b-86(a) retroactivity start date.

TABLE OF CONTENTS

1. Definitions
2. Jurisdiction & Venue
3. Background and Existing Order
4. Statutory Standards for Modification
5. Substantial Change in Circumstances
6. Child Support Guidelines Calculation
7. Requested Modifications & Enforcement
8. Representations, Certifications, and Affidavit
9. Prayer for Relief
10. Proposed Order
11. Signature Block & Notarization
12. Certificate of Service
13. Exhibits

1. DEFINITIONS

Unless otherwise stated, capitalized terms below have the following meanings:

1.1 “Child(ren)” means [Child #1 Full Name, DOB], [Child #2 Full Name, DOB], and any additional child(ren) subject to the existing support order.

1.2 “Existing Order” means the child support order entered on [Date of Original Order] in the above-captioned matter.

1.3 “Guidelines” means the Connecticut Child Support and Arrearage Guidelines, Conn. Agencies Regs. § 46b-215a-1 et seq., as amended.

1.4 “Obligor” means the party presently ordered to pay child support.
1.5 “Obligee” means the party presently receiving child support.

2. JURISDICTION & VENUE

2.1 This Court entered the Existing Order in this action. The basis for its continuing authority to modify that order is [STATE VERIFIED JURISDICTIONAL FACTS AND AUTHORITY].

2.2 This case is pending under the docket number above in the Judicial District of [DISTRICT NAME] at [COURT TOWN]. Identify the existing docket and court location: [DETAILS].

3. BACKGROUND AND EXISTING ORDER

3.1 On [Date], the Court entered the Existing Order requiring the Obligor to pay $[Amount] per [Week/Bi-Week/Month] in child support.

3.2 At the time of entry, the Obligor’s gross weekly income was $[Amount] and the Obligee’s was $[Amount].

3.3 Since that date, the following material facts have changed:

• Obligor’s gross weekly income is now $[New Amount].
• Obligee’s gross weekly income is now $[New Amount].
• Other changes: [HEALTH INSURANCE, CHILDCARE, CUSTODY SCHEDULE OR OTHER SUPPORTED FACTS].

4. STATUTORY STANDARDS FOR MODIFICATION

4.1 Under Conn. Gen. Stat. § 46b-86(a), unless the decree precludes modification, the Court may modify a support order upon a substantial change in either party's circumstances; a final child support order may also be modified for a substantial deviation from the current Guidelines, subject to the statute's exception for a specific recorded finding that applying the Guidelines would be inequitable or inappropriate. A deviation of 15 percent or more is rebuttably presumed substantial; a smaller deviation is rebuttably presumed not substantial. The percentage alone does not modify the order.

4.2 Under § 46b-215b(a), the amount produced by the current Guidelines is rebuttably presumed to be the amount ordered. A different amount requires the court's specific recorded finding under the deviation criteria in Conn. Agencies Regs. § 46b-215a-5c.

5. SUBSTANTIAL CHANGE IN CIRCUMSTANCES

5.1 The change in circumstances is substantial because:

a. Income Change: Obligor’s income has [increased/decreased] by [XX %] since entry of the Existing Order.

b. Child-Related Expenses: [e.g., increased childcare or unreimbursed medical expenses] have risen by $[Amount] per week.

c. Custodial Time: The parties’ parenting schedule has changed from [Old Schedule] to [New Schedule]. If shared physical custody is claimed as a ground to depart from the presumptive amount, state the facts meeting Conn. Agencies Regs. § 46b-215a-5c(b)(6)(A) and request a specific deviation finding: [FACTS AND EVIDENCE OR NONE].

d. Other Factors: [Describe any additional statutory deviation criteria under the Guidelines § 46b-215a-5c.]

5.2 Applying the current Guidelines to the parties’ present financial affidavits yields an obligation different from the Existing Order by [XX %]. The requested finding of substantial deviation and any prior finding that applying the Guidelines would be inequitable or inappropriate are [EXPLAIN THE RECORD AND EVIDENCE].

6. CHILD SUPPORT GUIDELINES CALCULATION

6.1 Attached as Exhibit A is a completed Child Support Guidelines Worksheet reflecting the parties’ current incomes and allowable deductions.

6.2 The Worksheet calculates the presumptive basic child support obligation as $[Amount] per week, with the proportional shares as follows:

• Obligor: [XX %]
• Obligee: [XX %]

6.3 Health Insurance: [Identify provider, cost, and credit allocation].

6.4 Childcare: [Identify provider, cost, and credit allocation].

6.5 Arrearage: As of [Date], [IDENTIFY RECORD OR ACCOUNTING] reflects an arrearage of $[Amount]. Movant requests an updated accounting.

7. REQUESTED MODIFICATIONS & ENFORCEMENT

7.1 Movant asks the Court to modify the Existing Order to require the Obligor to pay $[New Amount] per week, commencing [Effective Date]. If this date precedes the order, it is no earlier than the date of service of notice of the pending motion pursuant to § 52-50, as § 46b-86(a) requires. Movant requests immediate income withholding under § 52-362(b), subject to the court's findings and order.

7.2 Arrearage Liquidation: Movant requests an arrearage payment of $[Amount] per week in addition to the current support, or such other amount as the Court deems appropriate.

7.3 Medical Support: Movant requests that [party] maintain health insurance for the Child(ren) as available through employment at reasonable cost.

7.4 Additional relief, if supported by the record: [SPECIFY OR WRITE NONE].

8. REPRESENTATIONS, CERTIFICATIONS, AND AFFIDAVIT

I, [Name], being duly sworn, depose and state:

8.1 I am the [Petitioner/Respondent] in this action, competent to testify, and have personal knowledge of the facts herein.

8.2 The financial information provided in my sworn Financial Affidavit filed for this hearing is true, accurate, and complete.

8.3 I have not filed this Motion to harass or unduly burden the other party.

8.4 Service of this Motion and supporting papers is recorded in the certificate below and in any required officer's return of service.

9. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable Court:

A. Find that a substantial change in circumstances exists.
B. Enter an order modifying child support to $[New Amount] per week in accordance with the Guidelines, effective [Effective Date].
C. Order immediate income withholding and employer notice.
D. Set and enforce a payment schedule for any arrearage.
E. Order such further relief as equity and justice require.

10. PROPOSED ORDER

It is hereby ORDERED that:

1. Child support is modified from $[Current Amount] to $[New Amount] per week, effective [Effective Date].
2. The [Obligor] shall pay the modified support plus $[Arrearage Payment] per week toward arrears of $[Total Arrearage].
3. A Wage Withholding Order shall issue to [Employer Name & Address] forthwith.
4. Each party shall promptly exchange updated income information annually by [Month/Day].
5. All other provisions of the prior orders not inconsistent herewith shall remain in full force and effect.

Prepared by:
__________________________________
[Attorney Name], Esq.
Juris No. [####]
[Law Firm Name]
[Address] | Tel: [###-###-####]

11. SIGNATURE BLOCK & NOTARIZATION

I declare under penalty of false statement (Conn. Gen. Stat. § 53a-157b) that the foregoing is true and correct.

_______________________________ _______________
[Movant Name] Date

State of Connecticut, County of [________], Town of [________]

Subscribed and sworn before me,
_______________________________
Notary Public / Commissioner of the Superior Court
My Commission Expires: __________

12. CERTIFICATE OF SERVICE

I certify that the following papers were served: [MOTION, FINANCIAL AFFIDAVIT, EXHIBITS, AND ANY HEARING ORDER OR SUMMONS].

Recipient and service address: [________________________________]

☐ Service on an appeared party or counsel under Practice Book §§ 10-12 and 10-13: [RECIPIENT, ADDRESS OR ELECTRONIC ADDRESS, METHOD, AND DATE].

☐ Clerk-issued hearing order or summons and officer service used: [ORDER OR SUMMONS, STATE MARSHAL OR OTHER AUTHORIZED OFFICER, METHOD, DATE, AND RETURN DOCKET ENTRY].

If retroactive relief is requested: Notice of the pending motion was also served pursuant to Conn. Gen. Stat. § 52-50 on [__/__/____] by [AUTHORIZED OFFICER AND METHOD]; the return or other proof is [ATTACHED / DOCKET ENTRY].

☐ Any clerk-issued order or summons and required return of service are included with the filing or identified above.

_______________________________
[Attorney / Self-Represented Party]

13. EXHIBITS

Exhibit A – Child Support Guidelines Worksheet
Exhibit B – Financial Affidavit of [Movant]
Exhibit C – Supporting income records [DESCRIBE RECORDS AND PERIOD]
Exhibit D – Health Insurance Documentation
Exhibit E – Clerk-issued order or summons and officer's return, if used

PRACTICAL NOTES & DRAFTING GUIDANCE

This template is intended for use by licensed attorneys. Review all facts, exhibits, and local rules before filing.