R.C.S.A. § 17b-179b-4
Arrearage liquidation
Cite as Conn. Agencies Regs. § 17b-179b-4
(a) Definitions
As used in this section:
(1) "Arrearage liquidation" means an arrearage adjustment, as defined in section 17b-179b-1
of the Regulations of Connecticut State Agencies, of one hundred percent in accordance
with this section based on a lump sum payment by the noncustodial parent of a specified
percentage of the existing arrearage;
(2) "Liquidation percentage" means the portion of a noncustodial parent's total arrearage
that may be accepted by the Commissioner of Social Services in full satisfaction of
the support arrearage owed to the State of Connecticut.
(b) Eligibility
A noncustodial parent or obligor shall be eligible for arrearage liquidation of state-owed
arrearages if the requirements of this subsection are met.
(1) State-owed arrearage
There is an arrearage owed to the State in a child support case that would take the
obligor at least five years to pay in full at the rate of payment calculated in accordance
with the Arrearage Guidelines established in section 46b-215a-4a of the Regulations
of Connecticut State Agencies.
(2) Obligations to custodial party
(A) Current support
If there is a current child support obligation payable to the custodial party:
(i) payments shall be current, or
(ii) any payments owed to the custodial party shall be paid prior to or at the time of
the arrearage liquidation.
(B) Arrearage
Any arrearage payable to the custodial party shall be paid in full prior to or at
the time of the arrearage liquidation.
(c) Liquidation percentage
The liquidation percentage for State-owed arrearages shall be determined with reference
to the following "Arrearage Liquidation Table", to be used in conjunction with the
liquidation percentage factors set forth in subsection (d) of this section:
ARREARAGE LIQUIDATION TABLE
If it would take the obligor the following number of years to pay the arrearage in
full:
the liquidation percentage shall be . . .
at least . . .
but no more than . . .
5
70%
85%
6
68%
83%
7
66%
81%
8
64%
79%
9
62%
77%
10
60%
75%
11
58%
73%
12
56%
71%
13
54%
69%
14
52%
67%
15
50%
65%
16
48%
63%
17
46%
61%
18
44%
59%
19
42%
57%
20 or more
40%
55%
(d) Liquidation percentage factors
(1) Specific
The applicable liquidation percentage shall be reduced by three percent from the higher
percentage listed in the table set forth in subsection (c) of this section for each
of the following factors:
(A) The obligor is presently living with the child or has made regular support payments
for the past three months.
(B) The obligor has paid at least twenty-five percent of the child's college or private
secondary school tuition for one semester.
(C) The obligor has satisfactorily completed a Parenthood Program, as defined in section
17b-179b-1 of the Regulations of Connecticut State Agencies.
(D) The obligor was not present at a court hearing held to determine the obligor's initial
arrearage, and the court used a standard other than the obligor's actual past ability
to pay to determine at least six months of such arrearage.
(E) At least six months of the obligor's arrearage accrued while the obligor was incarcerated
or unemployed.
(F) The obligor has received a disability determination from the federal Social Security
Administration.
(2) Non-specific
If full payment of the arrearage would take twenty years or more, the applicable liquidation
percentage shall be reduced by the following percentages from the higher percentage
listed in the table set forth in subsection (c) of this section:
(A) Three percent if full payment of the arrearage at the guidelines rate would take twenty-five
years or more.
(B) Six percent if full payment of the arrearage at the guidelines rate would take thirty
years or more.
(C) Nine percent if full payment of the arrearage at the guidelines rate would take thirty-five
years or more.
(D) Twelve percent if full payment of the arrearage at the guidelines rate would take
forty years or more.
(3) Limitation
The combined percentage reductions applied pursuant to subdivisions (1) and (2) of
this subsection shall not reduce the applicable liquidation percentage below the lower
percentage listed in the table set forth in subsection (c) of this section.