Legal Question in Family Law in Connecticut

What is Unkelbach vs. McNary in regards to child support?

In the state of Connecticut what is an Unkelbach vs. McNary hearing and what does it have to do with modifing a child support order??


Asked on 10/07/02, 6:36 pm

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: What is Unkelbach vs. McNary in regards to child support?

Unkelbach was a Conn Supreme court case which held that in trying to figure out someone's income for purposes of computing child support, regular, systematic contributions to the parent by another person (relative, new spouse, domestic partner, etc.)should be counted as income. Subsequent to that case, the State Guidelines were amended to get around that decision. Now contributions from another are not automatically counted as income, but may be used as a reason to deviate from a normal child support calculation. For instance, if the obligor (the one who is supposed to be paying child support) is not working, or working marginally, the Child Support Guideline calculation might show that he/she shouldn't be paying support (or very little). However, if at an Unkelbach hearing the other party could show that the obligor is being regularly and lavishly supported by his girlfriend (we should be so lucky) or parent or someone, then the obligee could argue that the court ought to deviate from the guidelins and order substantial child support anyway.

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Answered on 10/08/02, 10:37 am


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