How child support gets changed in Connecticut

When a court can change support

Connecticut law allows modification in two main situations. First, a substantial change in circumstances since the order entered, such as a significant change in either parent's income, employment, or the child's needs. Second, when the existing order is substantially different from what the state's child support guidelines would call for today; the law presumes a gap of 15 percent or more is substantial. The court form also covers a parent deploying with the armed forces. The motion states facts; the judge decides whether they meet the standard.

The motion

The request is made on a Motion for Modification, form JD-FM-174. It identifies the order you want changed and its date, states what has changed and what you are asking for instead, and is filed in the same case, under the same docket number, as the original order. A current financial affidavit comes with it, and both parents' affidavits must be on file at least 5 business days before the hearing.

Why the filing and service dates matter

A court generally cannot change support for any period before your motion was served on the other parent. Every week between the change in your life and the service of your motion is a week the old order still controls. If you are asking for a decrease, that gap is money you still owe at the old rate. File and serve promptly; the motion reaching the other parent is what starts the period a judge can later reach back to.

Before you file, check these 4 things

• The motion quotes the existing order and gives its date.
• Your reasons are stated as facts, with dates and amounts, not conclusions.
• If any party or child in the case receives or has received state assistance or HUSKY coverage, a copy of the motion goes to the Office of the Attorney General at the address printed on the form; skipping it can delay your motion.
• Your financial affidavit is complete and sworn.

Filing and the fee

File the motion with the clerk in the existing case. A motion to modify after judgment carries a filing fee; if you cannot afford it, ask the clerk for the fee waiver application. Ask the clerk what service your motion requires. After judgment, service by a state marshal is often required, and because the reach-back date depends on proper service, the clerk can tell you what your case needs; the marshal charges a fee that a fee waiver can also cover.

Filing online instead

You can file through the Judicial Branch's E-Services system at eservices.jud.ct.gov. Enroll to create a User ID and password, activate your account through the emailed link, then request electronic access to your case, which the clerk approves if the other parent started the case, not you. Choose your User ID carefully; it cannot be changed and appears on every document you file. If the deadline is close and you are not yet enrolled, paper filing at the clerk's office is the safer route.

What happens next

The court sets a date for the motion and mails notice. Support Enforcement Services or the Attorney General's office may participate if the state is involved in the case. Bring proof of what changed: pay records, a termination letter, medical bills, whatever the facts are. If both parents agree on a new amount, the court can approve a written agreement, but the guidelines still apply and a judge still reviews it.

Where to get help

Connecticut's Court Service Centers offer free help for self-represented parties. The clerk's office can answer questions about procedure but cannot give legal advice. Legal aid organizations serve people who qualify. If you want legal advice, talk to a licensed Connecticut attorney.