SUPERIOR COURT OF CONNECTICUT
FAMILY DIVISION
JUDICIAL DISTRICT OF [COUNTY] AT [COURTHOUSE]
[PLAINTIFF/PETITIONER FULL NAME],
Plaintiff/Petitioner
v. Docket No.: [FST-FA-__-_____]
[DEFENDANT/RESPONDENT FULL NAME],
Defendant/Respondent
Date: [MM/DD/YYYY]
MOTION TO MODIFY CHILD SUPPORT, AFFIDAVIT, AND PROPOSED ORDER
(Conn. Gen. Stat. § 46b-86(a); Conn. Agencies Regs. § 46b-215a-1 et seq.)
[// GUIDANCE: This pleading is drafted for use in the Superior Court, Family Division. Adapt to the Family Support Magistrate Division if the original order issued there.]
TABLE OF CONTENTS
- Definitions
- Jurisdiction & Venue
- Background and Existing Order
- Statutory Standards for Modification
- Substantial Change in Circumstances
- Child Support Guidelines Calculation
- Requested Modifications & Enforcement
- Representations, Certifications, and Affidavit
- Prayer for Relief
- Proposed Order
- Signature Block & Notarization
- Certificate of Service
- 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 minor child(ren) of the parties 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.
[// GUIDANCE: Delete any unused defined terms and ensure cross-referencing consistency.]
2. JURISDICTION & VENUE
2.1 This Court has continuing exclusive jurisdiction over child support under Conn. Gen. Stat. § 46b-86(a) because the Child(ren) reside in Connecticut and neither party has permanently relocated outside the state.
2.2 Venue in the Judicial District of [County] is proper because [state residency facts or prior order location].
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:
a. Obligor’s gross weekly income is now $[New Amount];
b. Obligee’s gross weekly income is now $[New Amount];
c. [Add changes—health insurance costs, childcare, custody schedule, disability, incarceration, etc.]
4. STATUTORY STANDARDS FOR MODIFICATION
4.1 Under Conn. Gen. Stat. § 46b-86(a), the Court may modify a child support order upon a showing of:
a. Substantial change in the circumstances of either party or the Child(ren); or
b. A deviation of 15 percent or more between the Existing Order and the obligation resulting from application of the current Guidelines.
4.2 A modification must further the best interests of the Child(ren) and be consistent with the Guidelines unless the Court states specific deviation criteria.
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], impacting the presumptive support level.
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 a presumptive obligation different from the Existing Order by [XX %], exceeding the 15 percent threshold for automatic modification review.
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], the Child Support Enforcement System (CSES) reflects an arrearage of $[Amount]. Movant requests an updated accounting.
[// GUIDANCE: Substitute Judicial Branch Form JD-FM-220 for Exhibit A if preferred.]
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], payable by immediate wage withholding pursuant to Conn. Gen. Stat. § 52-362.
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 Automatic Cost-of-Living Adjustment (COLA): Movant requests inclusion of the Judicial Branch COLA clause to minimize future litigation.
[// GUIDANCE: Delete paragraphs 7.2–7.4 if inapplicable.]
8. REPRESENTATIONS, CERTIFICATIONS, AND AFFIDAVIT
I, [Name], being duly sworn, depose and state under penalty of perjury:
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 contemporaneously with this Motion is true, accurate, and complete.
8.3 I have not filed this Motion to harass or unduly burden the other party.
8.4 I certify that a copy of this Motion, supporting financial affidavit, and all exhibits have been or will be served on the opposing party (or counsel) in compliance with Practice Book §§ 10-12 and 25-5.
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:
- Child support is modified from $[Current Amount] to $[New Amount] per week, effective [Effective Date].
- The [Obligor] shall pay the modified support plus $[Arrearage Payment] per week toward arrears of $[Total Arrearage].
- A Wage Withholding Order shall issue to [Employer Name & Address] forthwith.
- Each party shall promptly exchange updated income information annually by [Month/Day].
- 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 )
) ss. [Town], [Date]
County of __ )
Subscribed and sworn before me,
Notary Public / Commissioner of the Superior Court
My Commission Expires: ____
12. CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion, Financial Affidavit, and Exhibits was mailed or delivered to:
• [Opposing Party/Attorney]
[Address]
in compliance with Connecticut Practice Book §§ 10-12 and 25-5 on [MM/DD/YYYY].
[Attorney / Self-Represented Party]
13. EXHIBITS
Exhibit A – Child Support Guidelines Worksheet
Exhibit B – Financial Affidavit of [Movant]
Exhibit C – Proof of Income (last 13 weeks paystubs / W-2s / IRS transcripts)
Exhibit D – Health Insurance Documentation
[// GUIDANCE: Attach only the exhibits required for your specific case. Omit unused labels or renumber accordingly.]
PRACTICAL NOTES & DRAFTING GUIDANCE
[// GUIDANCE:
1. Calculation Guidelines: Always attach the official worksheet and update each time income changes.
2. Modification Standards: Emphasize either 15 % deviation or specific “substantial change” facts (job loss, disability, parenting-time swing).
3. Enforcement Mechanisms: Connecticut mandates immediate wage withholding unless both parties agree and the Court finds good cause. Include full employer data when available.
4. Financial Affidavits: File the long form (JD-FM-6-L) if weekly gross income exceeds $2,000; otherwise file the short form.
5. Hearing Date: Use JD-CL-6 (Notice of Hearing) or e-file request per local standing orders.
6. If either party resides outside CT, confirm Connecticut’s continuing exclusive jurisdiction under UIFSA (Conn. Gen. Stat. § 46b-212a et seq.).
7. For self-employed obligors, include cash-flow analysis and business returns.
]
This template is intended for use by licensed attorneys. Review all facts, exhibits, and local rules before filing.