Regulations of Connecticut State Agencies
(a) Eligibility for program
A noncustodial parent or obligor shall be eligible for the arrearage adjustment program for Parenthood Program participants if the Department of Social Services determines, based on information provided by a participating program or otherwise available to the department, that the requirements of this subsection are met. The requirements of this subsection may be met retroactively in the case of participants in programs that were established under subsection (d) of section 1 of Public Act 99-193 as research and demonstration projects or funded under the federal Temporary Assistance for Needy Families block grant.
(1) The noncustodial parent begins and continues to make regular current support payments after non-payment of support for a year or more. For the purpose of this subdivision, such support payments shall not include recoveries of past-due or overdue support pursuant to child support enforcement actions taken by the State of Connecticut under sections 52-362d-2, 52-362d-4, 52-362d-5, 52-362e-2, or 52-362e-3 of the Regulations of Connecticut State Agencies;
(2) The noncustodial parent or obligor is participating and making satisfactory progress in a Parenthood Program, as demonstrated by quantifiable achievements that facilitate positive involvement with the child or the participant's ability to provide support, such as (A) signing a paternity acknowledgment, (B) signing a voluntary support agreement, (C) signing a co-parenting or mediation agreement, (D) attending one or more child development classes or (E) registering with the Department of Labor for skills training;
(3) The noncustodial parent meets program goals for appropriate involvement and interaction with the child or children and (A) has an active child support case where an arrearage is owed to the State of Connecticut and there is a current payment due to the custodial party or (B) is an obligor who now resides with the child or children to whom support is owed;
(4) The noncustodial parent or obligor applies for an arrearage adjustment and enters annually into a voluntary agreement with the Commissioner of Social Services or such commissioner's designee that complies with subdivision (2) of subsection (c) of section 17b-179b-2 of the Regulations of Connecticut State Agencies; and
(5) The noncustodial parent or obligor has no felony convictions, as known or reported to the Department of Social Services or attested by such parent or obligor, during the year for which an adjustment is requested.
(b) Adjustment amounts
(1) Qualifying Year
(A) Completes Parenthood Program
A noncustodial parent or obligor who successfully completes a Parenthood Program shall receive a one-time arrearage adjustment in the qualifying year of five percent of the starting arrearage.
(B) Pays support or lives with child
(i) A noncustodial parent or obligor who, during the qualifying year, receives an adjustment under subparagraph (A) of this subdivision shall be eligible to claim an arrearage adjustment in accordance with the following "Arrearage Adjustment Table – Qualifying Year" if such parent or obligor:
(I) pays the full amount of the current child support obligation due to the custodial party,
(II) resides with the child and documents substantial contributions for support of the child or is the primary caregiver for the child, provided the custodial party acknowledges or consents in writing to such arrangement and there is no evidence of domestic violence for the qualifying year, or
(III) becomes the custodial party and resides with the child, in which case the acknowledgment or consent of the other parent shall not be required.
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ARREARAGE ADJUSTMENT TABLE QUALIFYING YEAR |
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If the obligor meets the criteria under paragraphs (I), (II), or (III) for the following number of months during the qualifying year: |
the arrearage adjustment shall be in the following percentage of the starting arrearage: |
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12 |
20% |
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11 |
15% |
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10 |
10% |
(ii) The arrearage adjustment specified under subclause (i) of this subparagraph may be granted on the basis of criterion (I) of said subclause exclusively, criterion (II) of said subclause exclusively, criterion (III) of said subclause exclusively, or on the basis of any combination of such criteria, provided at least one criterion is satisfied during the period specified in the "Arrearage Adjustment Table".
(iii) A noncustodial parent or obligor who is denied an arrearage adjustment on the basis of only an allegation of domestic violence shall be entitled to a desk review of the denial by the Commissioner of Social Services or such commissioner's designee.
(C) Maintains steady employment
A noncustodial parent or obligor who receives an adjustment under subparagraph (B) of this subdivision and maintains employment for an average of at least one hundred twenty hours per month during the qualifying year shall receive an additional arrearage adjustment of five percent of the starting arrearage to be added to the percentages specified in subparagraph (B) of this subdivision.
(2) Subsequent years
(A) Pays support or lives with child
(i) A noncustodial parent or obligor who received an adjustment for the immediately preceding year shall be eligible to claim an additional arrearage adjustment in accordance with the following "Arrearage Adjustment Table – Subsequent Years" if, during a subsequent year, such parent or obligor:
(I) pays the full amount of the current child support obligation due to the custodial party,
(II) resides with the child and documents substantial contributions for support of the child or is primary caregiver for the child, provided the custodial party acknowledges or consents in writing to such arrangement and there is no evidence of domestic violence for the qualifying year, or
(III) becomes the custodial party and resides with the child, in which case the acknowledgment or consent of the other parent shall not be required.
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ARREARAGE ADJUSTMENT TABLE - SUBSEQUENT YEARS |
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If the obligor meets the criteria under paragraphs (I), (II), or (III) for the following number of months during the subsequent year: |
the arrearage adjustment shall be in the following percentages of the starting arrearage in the indicated subsequent years: |
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first . . . |
second . . . |
third . . . |
all additional . . . |
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12 |
15% |
10% |
10% |
10% |
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11 |
10% |
5% |
5% |
0% |
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10 |
5% |
0% |
0% |
0% |
(ii) The arrearage adjustment specified under subclause (i) of this subparagraph may be granted on the basis of criterion (I) of said subclause exclusively, criterion (II) of said subclause exclusively, criterion (III) of said subclause exclusively, or on the basis of any combination of such criteria, provided at least one criterion is satisfied during the period specified in the "Arrearage Adjustment Table".
(iii) A noncustodial parent or obligor who is denied an arrearage adjustment on the basis of only an allegation of domestic violence shall be entitled to a desk review of the denial by the Commissioner of Social Services or such commissioner's designee.
(iv) A noncustodial parent or obligor who signs a voluntary agreement to participate in the arrearage adjustment program and who fails to qualify for a scheduled adjustment without good cause shall be eligible to receive a future adjustment only if such parent or obligor signs a new voluntary agreement. In such cases, any future adjustments shall be in the amounts prescribed in this subdivision for subsequent years, and not in the amounts prescribed in subdivision (1) of this subsection for the qualifying year.
(B) Maintains steady employment
A noncustodial parent or obligor who receives an adjustment under subparagraph (A) of this subdivision and, during the subsequent year, as compared to the preceding year:
(i) maintains employment for a greater average number of hours per month,
(ii) increases earnings, or
(iii) enhances employability through education or training
shall receive an additional arrearage adjustment of five percent of the starting arrearage to be added to the percentages specified in subparagraph (A) of this subdivision.
(Adopted effective May 24, 2004)