High-income Child Support Awards in Connecticut Family Courts Revealed (case update)

The recent Appellate Court case of Renstrup v. Renstrup, released on January 17, 2023, provided further insight into the world of high-income child support award cases (defined as total net income of the parents greater than $4,000 per week), specifically when there is a high income spouse earning a base salary and an annual bonus:

Calculation of High-income Child Support Awards based on a parent’s base salary (base salary of $4,000 or more net income per week)

The range of child support a court may order is between the presumptive minimum (a set weekly dollar amount calculated per the Child Support Guidelines) and the presumptive maximum (a set dollar amount based on a percentage of the total net income of the parents).  The parent paying child support, who in a joint legal/physical custody scenario is the higher earning spouse, will be responsible for paying their pro rate share based on the total net income of the parents for the child support award.

Regarding the calculation of the presumptive minimum, the following represents the weekly dollar amount of child support based on the number of minor children per the Child Support Guidelines:

One (1) Child

Two (2) Children

Three (3) Children

Four (4) Children

Five (5) Children

The presumptive maximum for high-income child support awards is calculated by multiplying the following percentages by the total net income of the parents, based on the number of minor children of the parents:

One (1) Child

Two (2) Children

Three (3) Children

Four (4)  Children

Five (5) Children

Does the Connecticut Trial Court (Family Division) have have the ability to deviate from Child Support Guidelines?

The trial court, at its discretion, may deviate outside the presumptive minimum and maximum calculated for child support to determine a high-income child support award; however, the trial court is mandated to make three distinct findings in order for such a deviation to be proper:

• The finding of the presumptive child support amount (min and max) pursuant to the guidelines;
• A specific finding that application of such guidelines would be inequitable and inappropriate; and
• An explanation as to which deviation criteria the Court is relying on the justify the deviation, including but not limited to why the deviation is necessary to meet the needs of the child.

Such deviation criteria include but are not limited to a parents’ other financial resources, extraordinary expenses for a child, extraordinary parental expenses, needs of a parent’s other dependents, coordination of total family support, and special circumstances (including shared physical custody, extraordinary disparity in income, and the best interests of a child).

Can a Connecticut Trial Court (Family Division) award supplemental Child Support based on a parent’s bonus income?

A trial court may also award a supplemental award of child support based on a parent’s bonus, which supplemental award would represent a percentage of the parent’s net income from said bonus.

The percentages for this supplemental award may follow the percentages representing the presumptive maximum for child support awards:

One (1) Child

Two (2) Children

Three (3) Children

Four (4) Children

Five (5) Children

12.04%

17.71%

20.61%

23.02%

25.32%

That said, the Renstrup Appellate Court made sure to articulate two distinct categories and considerations for such supplemental awards:

• If a bonus is consistent year-to-year, such as when a bonus is based on a set percentage of a parent’s base income, a supplemental award of child support based on a percentage of the net bonus may be appropriate if justified by the needs of the child;

• If a bonus fluctuates year-to-year, or if there is an expectation that future bonuses will vary substantially, any supplemental award of child support based on a percentage of the net bonus is impermissible, unless it can be linked to the child’s characteristics and demonstrated needs.

The Renstrup Appellate Court made clear that while a trial court is not “required to engage in detailed mathematical calculations to tie every dollar of supplemental child support to some characteristic or need of the children,” but what is “required is an explicit finding connecting to supplemental order in some way to the children.”

Take-aways with respect to Court Considerations when deviating from guidelines and making high-income child support awards

A trial court must be mindful that child support does not result in the transfer of wealth from one parent to the other, which is why a) a specific finding and explanation for any deviation from the presumptive child support amounts is required, and b) any supplemental child support award related to a parent’s bonus income or other variable compensation must be justified by the needs of a child, and/or linked to the child’s characteristics and demonstrated needs.

Take-aways for Parents and/or Litigants when deviating from guidelines and making high-income child support awards

When presenting a child support case to the Court, make sure that you a) perform the proper calculations as to both the presumptive minimum and maximum amount of child support utilizing the Child Support Guidelines, and b) specifically link any deviation from the presumptive amounts as well as any requested supplemental child support award for any bonus or variable compensation to the specific demonstrated needs of your child, as well as your child’s individual characteristics (financial and nonfinancial).

Learn more about High-income Child Support Awards in Connecticut

Mark_S_Randall

Since his acceptance to the bar, Mark has practiced exclusively in the area of matrimonial and family law, including complex divorce actions involving significant assets and child custody issues, prenuptial and postnuptial agreements, and he has represented clients in Connecticut and New York trial courts, as well as the Connecticut Appellate Court.