Substitute Senate Bill No. 1047

Public Act No. 01-91

AN ACT CONCERNING CHILD SUPPORT ENFORCEMENT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) The Support Enforcement Division of the judicial branch shall hereafter be known as Support Enforcement Services, which shall be the successor to the Support Enforcement Division and shall assume all the powers, duties and obligations of the Support Enforcement Division and its staff. Notwithstanding any other provision of the general statutes, the duties of the various personnel of the Support Enforcement Division and the staff of the Support Enforcement Division are hereby transferred to Support Enforcement Services, and the Support Enforcement Division is hereby dissolved.

Sec. 2. Subsection (d) of section 17b-137 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) (1) For the purposes of this subsection, "high-volume automated administrative enforcement" means the identification of assets, through automated data matches with financial institutions and other entities, as provided in this section and required by federal law, and the seizure of such assets in accordance with subsections (d) and (e) of section 52-362d.

(2) The IV-D agency shall: (A) Use high-volume automated administrative enforcement, as defined in subdivision (1) of this subsection, to the same extent as in intrastate cases; and (B) promptly report the results of such enforcement procedure to the requesting state.

(3) [The] Support Enforcement [Division] Services or the IV-D agency may, by electronic or other means, transmit to another state a request for assistance in enforcing support orders administratively, in a manner similar to this subsection, which request shall: (A) Include information that shall enable the state to which the request is transmitted to compare the information about the cases to the information data bases of such state; and (B) constitute a certification by this state (i) of the amount of support under an order the payment of which is in arrears, and (ii) that this state has complied with all procedural due process requirements applicable to each case.

(4) If the IV-D agency provides assistance under this subsection to another state concerning a case, such case shall not be considered transferred to the caseload of the IV-D agency.

(5) The IV-D agency shall maintain records of: (A) The number of requests for assistance received under this subsection; (B) the number of cases for which such agency collected support in response to such requests; and (C) the amount of such collected support.

Sec. 3. Subsection (b) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Except as provided in sections 46b-212 to 46b-213v, inclusive, as amended by this act, any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. Except as provided in sections 46b-212 to 46b-213v, inclusive, as amended by this act, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including [the] Support Enforcement [Division] Services in TANF support cases as defined in subdivision (14) of subsection (b) of section 46b-231, upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in sections 46b-213o to 46b-213q, inclusive. No such support orders may be subject to retroactive modification except that the court or family support magistrate may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50.

Sec. 4. Section 46b-179a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) [The] Support Enforcement [Division] Services of the Superior Court shall maintain a registry in the Family Support Magistrate Division of paternity judgments from other states. Any party to an action in which a paternity judgment from another state was rendered may register the foreign paternity judgment in the registry maintained by [the] Support Enforcement [Division] Services without payment of a filing fee or other cost to the party.

(b) The party shall file a certified copy of the foreign paternity judgment and a certification that such judgment is final and has not been modified, altered, amended, set aside or vacated and that the enforcement of such judgment has not been stayed or suspended. Such certificate shall set forth the full name and last-known address of the other party to the judgment.

Sec. 5. Section 46b-179b of the general statutes is repealed and the following is substituted in lieu thereof:

Such foreign paternity judgment, on the filing with the registry maintained by [the] Support Enforcement [Division] Services, shall become a judgment of the Family Support Magistrate Division of the Superior Court and shall be enforced and otherwise treated in the same manner as a judgment of the Family Support Magistrate Division. A foreign paternity judgment so filed shall have the same effect and may be enforced in the same manner as any like judgment of a family support magistrate of this state, provided no such judgment shall be enforced for a period of twenty days after the filing thereof.

Sec. 6. Section 46b-207 of the general statutes is repealed and the following is substituted in lieu thereof:

The court is authorized to establish and maintain [a] Support Enforcement [Division] Services and such [division] offices thereof as it determines are necessary for the proper handling of the administrative details incident to proceedings under sections 46b-212 to 46b-213v, inclusive, as amended by this act, and may appoint such personnel as necessary for the proper administration of the nonjudicial functions of proceedings under sections 46b-212 to 46b-213v, inclusive, as amended by this act.

Sec. 7. Section 46b-208 of the general statutes is repealed and the following is substituted in lieu thereof:

The support service investigators of [the] Support Enforcement [Division] Services of the Superior Court shall, while acting within the scope of their duties as such, pursuant to matters under sections 46b-212 to 46b-213v, inclusive, as amended by this act, have the powers of service and of execution of summons and orders for withholding, and the conduct of investigations.

Sec. 8. Section 46b-212a of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 46b-212 to 46b-213v, inclusive, as amended by this act:

(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

(3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.

(4) "Governor" means an individual performing the functions of Governor or the executive authority of a state covered by sections 46b-212 to 47b-213v, inclusive, as amended by this act.

(5) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if such child is less than six months old, the state in which such child lived from birth with such parent or person acting as parent. A period of temporary absence of such parent or person acting as parent is counted as part of the six-month or other period.

(6) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the laws of this state.

(7) "Income withholding order" means an order or other legal process directed to an obligor's employer, as defined in section 52-362, to withhold support from the income of the obligor.

(8) "Initiating state" means a state from which a proceeding is forwarded under sections 46b-212 to 46b-213v, inclusive, as amended by this act, or a law or procedure substantially similar to said sections, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

(9) "Initiating tribunal" means the authorized tribunal in an initiating state.

(10) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining paternity.

(11) "Issuing tribunal" means the tribunal which issues a support order or renders a judgment determining paternity.

(12) "Law" includes decisional and statutory law and rules and regulations having the force of law.

(13) "Obligee" means: (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining paternity has been rendered; (B) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (C) an individual seeking a judgment determining paternity of the individual's child.

(14) "Obligor" means an individual, or the estate of a decedent: (A) Who owes or is alleged to owe a duty of support; (B) who is alleged but has not been adjudicated to be a parent of a child; or (C) who is liable under a support order.

(15) "Register" means to file a support order or judgment determining paternity in the registry of support orders of the Family Support Magistrate Division of the Superior Court. Such a support order or judgment shall be filed by delivery of the order or judgment for filing to [the] Support Enforcement [Division] Services of the Superior Court which shall maintain the registry on behalf of the Family Support Magistrate Division.

(16) "Registering tribunal" means a tribunal in which a support order is registered.

(17) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing under sections 46b-212 to 46b-213v, inclusive, as amended by this act, or a law or procedure substantially similar to said sections, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

(18) "Responding tribunal" means the authorized tribunal in a responding state.

(19) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.

(20) "State" means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian tribe and a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedure under sections 46b-212 to 46b-213v, inclusive, as amended by this act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Enforcement of Support Act.

(21) "Support enforcement agency" means a public official or agency authorized to seek: (A) Enforcement of support orders or laws relating to the duty of support; (B) establishment or modification of child support; (C) determination of paternity; or (D) the location of obligors or their assets.

(22) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees and other relief.

(23) "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine paternity.

Sec. 9. Section 46b-212b of the general statutes is repealed and the following is substituted in lieu thereof:

The Superior Court and the Family Support Magistrate Division of the Superior Court are the tribunals of this state. The Family Support Magistrate Division is the tribunal for the filing of petitions under sections 46b-212 to 46b-213v, inclusive, as amended by this act, provided clerical, administrative and other nonjudicial functions in proceedings before the Family Support Magistrate Division may be performed by [the] Support Enforcement [Division] Services of the Superior Court.

Sec. 10. Section 46b-212q of the general statutes is repealed and the following is substituted in lieu thereof:

(a) When the Family Support Magistrate Division receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of section 46b-212m, the Family Support Magistrate Division, or [the] Support Enforcement [Division] Services acting on its behalf shall promptly cause the petition or pleading to be filed and notify the petitioner by first class mail where and when it was filed.

(b) In matters arising under this section, family support magistrates shall have the same powers and authority as provided by law for IV-D support cases.

(c) The family support magistrate may not condition the payment of a support order issued under sections 46b-212 to 46b-213v, inclusive, as amended by this act, upon compliance by a party with provisions for visitation.

(d) If the Family Support Magistrate Division issues an order under sections 46b-212 to 46b-213v, inclusive, as amended by this act, the Family Support Magistrate Division, or [the] Support Enforcement [Division] Services acting on its behalf, shall send a copy of the order by first class mail to the petitioner and the respondent and to the initiating tribunal, if any.

Sec. 11. Section 46b-212v of the general statutes is repealed and the following is substituted in lieu thereof:

(a) [The] Support Enforcement [Division] Services of the Superior Court is the state information agency under sections 46b-212 to 46b-213v, inclusive, as amended by this act.

(b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under sections 46b-212 to 46b-213v, inclusive, as amended by this act, and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) maintain a registry of tribunals and support enforcement agencies received from other states; (3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under sections 46b-212 to 46b-213v, inclusive, as amended by this act, received from an initiating tribunal or the state information agency of the initiating state; and (4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution.

(c) In addition to its duties as the state information agency [the] Support Enforcement [Division] Services of the Superior Court shall maintain a registry of support orders and judgments in the Family Support Magistrate Division of the Superior Court and shall perform such clerical, administrative and other nonjudicial functions on behalf of the Family Support Magistrate Division as may be required, or as are otherwise agreed upon, pursuant to sections 46b-62, 46b-69, 46b-179a, as amended by this act, 46b-179b, as amended by this act, 46b-207, as amended by this act, 46b-208, as amended by this act, 46b-212 to 46b-213v, inclusive, as amended by this act, 46b-231, 52-362, as amended by this act, and 52-362f, as amended by this act.

Sec. 12. Section 46b-213f of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A party seeking to enforce a support order or an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to [the] Support Enforcement [Division] Services.

(b) Upon receipt of the documents, [the] Support Enforcement [Division] Services, with the assistance of the Bureau of Child Support Enforcement within the Department of Social Services, as appropriate, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall file the order with [the] Support Enforcement [Division] Services of the Superior Court to be recorded in the registry of support orders of the Family Support Magistrate Division.

Sec. 13. Section 46b-213g of the general statutes is repealed and the following is substituted in lieu thereof:

A support order or an income withholding order issued by a tribunal of another state may be registered in this state for enforcement with the registry of support orders of the Family Support Magistrate Division maintained by [the] Support Enforcement [Division] Services of the Superior Court.

Sec. 14. Section 46b-213h of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A support order or income withholding order of another state may be registered in this state by sending the following documents and information to [the] Support Enforcement [Division] Services for filing in the registry of support orders of the Family Support Magistrate Division: (1) A letter of transmittal to [the] Support Enforcement [Division] Services requesting registration and enforcement; (2) two copies, including one certified copy, of all orders to be registered, including any modification of an order; (3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) the name of the obligor and, if known: (A) The obligor's address and Social Security number; (B) the name and address of the obligor's employer and any other source of income of the obligor; and (C) a description and the location of property of the obligor in this state not exempt from execution; (5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted; and (6) a statement disclosing whether or not any other action or proceeding is currently pending concerning the support of the child who is the subject of such support order.

(b) On receipt of a request for registration, [the] Support Enforcement [Division] Services shall cause the order to be filed as a foreign judgment in the registry of support orders of the Family Support Magistrate Division, together with one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that is required to be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.

Sec. 15. Section 46b-213i of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A support order or income withholding order issued in another state is registered when the order is filed with [the] Support Enforcement [Division] Services for registration in the registry of support orders.

(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(c) Except as otherwise provided in sections 46b-213g to 46b-213r, inclusive, as amended by this act, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

Sec. 16. Section 46b-213k of the general statutes is repealed and the following is substituted in lieu thereof:

(a) When a support order or income withholding order issued in another state is registered, the Family Support Magistrate Division or [the] Support Enforcement [Division] Services acting on its behalf, shall notify the nonregistering party. Notice must be given by first class, certified or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) The notice must inform the nonregistering party: (1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (2) that a hearing before the Family Support Magistrate Division to contest the validity or enforcement of the registered order must be requested within twenty days after the date of mailing or personal service of the notice; (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) of the amount of any alleged arrearages.

(c) Upon registration of an income withholding order for enforcement, the Family Support Magistrate Division, or [the] Support Enforcement [Division] Services acting on its behalf, shall notify the obligor's employer pursuant to section 52-362, as amended by this act.

Sec. 17. Subsection (s) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof:

(s) Support enforcement officers of [the] Support Enforcement [Division] Services of the Superior Court shall:

(1) Supervise the payment of any child or spousal support order made by a family support magistrate. Supervision of such orders is defined as the utilization of all procedures available by law to collect child or spousal support, including issuance and implementation of income withholdings ordered by the Superior Court or a family support magistrate pursuant to section 52-362, as amended by this act, issuance of an order requiring any party to appear before a family support magistrate on an action to modify a support order pursuant to subdivision (4) of this subsection, and if necessary, bringing an application for contempt to a family support magistrate and, in connection with such application, issuing an order requiring the obligor to appear before a family support magistrate to show cause why such obligor should not be held in contempt for failure to pay an order for child or spousal support entered by the Superior Court or a family support magistrate;

(2) In non-TANF cases, have the authority to bring petitions for support orders pursuant to section 46b-215, file agreements for support with the assistant clerk of the Family Support Magistrate Division, and bring applications for show cause orders pursuant to section 46b-172, and in IV-D cases and cases under sections 46b-212 to 46b-213v, inclusive, as amended by this act, enforce foreign support orders registered with the Family Support Magistrate Division pursuant to sections 46b-213f to 46b-213i, inclusive, as amended by this act, and file agreements for support with the assistant clerk of the Family Support Magistrate Division;

(3) In connection with any order or agreement entered by, or filed with, the Family Support Magistrate Division, or any order entered by the Superior Court in a IV-D support case upon order, investigate the financial situation of the parties and report findings to the family support magistrate regarding: (A) Any pending motion to modify such order or agreement, or (B) any request or application for modification of such order or agreement made by an obligee;

(4) In non-TANF IV-D cases, review child support orders at the request of either parent or custodial party subject to a support order or, in TANF cases, review child support orders at the request of the Bureau of Child Support Enforcement, and initiate an action before a family support magistrate to modify such support order if it is determined upon such review that the order substantially deviates from the child support guidelines established pursuant to section 46b-215a or 46b-215b. The requesting party shall have a right to such review every three years without proving a substantial change in circumstances; more frequent reviews shall be made only if the requesting party demonstrates a substantial change in circumstances. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines, consideration shall be given to the division of real and personal property between the parties set forth in any final decree entered pursuant to chapter 815j and the benefits accruing to the child as the result of such division. No order for periodic payment of support may be subject to retroactive modification, except that the family support magistrate may order modification with respect to any period during which there is a pending motion for modification of a support order from the date of service of notice of such pending motion to the opposing party pursuant to section 52-50.

Sec. 18. Section 52-259a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any member of the Division of Criminal Justice, the Division of Public Defender Services or the Family Division or Support Enforcement [Division] Services of the Superior Court, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Public Utility Control, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations or the Office of Protection and Advocacy for Persons with Disabilities, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in his official capacity or in the capacity for which he was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259 and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a and subsection (n) of section 46b-231.

(b) The Immigration and Naturalization Service shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.

Sec. 19. Subsection (a) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For purposes of this section:

(1) "Dependent" means a spouse, former spouse or child entitled to payments under a support order, provided [the] Support Enforcement [Division] Services of the Superior Court or the state acting under an assignment of a dependent's support rights or under an application for child support enforcement services shall, through an officer of [the] Support Enforcement [Division] Services or the Bureau of Child Support Enforcement within the Department of Social Services or an investigator of the Department of Administrative Services or the Attorney General, take any action which the dependent could take to enforce a support order;

(2) "Disposable earnings" means that part of the earnings of an individual remaining after deduction from those earnings of amounts required to be withheld for the payment of federal, state and local income taxes, employment taxes, normal retirement contributions, union dues and initiation fees, and group life and health insurance premiums;

(3) "Earnings" means any debt accruing to an obligor by reason of such obligor's personal services, including any compensation payable by an employer to an employee for such personal services whether denominated as wages, salary, commission, bonus or otherwise, including unemployment compensation if a purchase of service agreement between the Commissioner of Social Services and the Labor Commissioner is in effect pursuant to subsection (e) of section 17b-179;

(4) "Employer" means any person, including the Labor Commissioner, who owes earnings to an obligor;

(5) "Income" means any periodic form of payment due to an individual, regardless of source, including, but not limited to, disposable earnings, workers' compensation and disability benefits, payments pursuant to a pension or retirement program and interest;

(6) "Obligor" means a person required to make payments under a support order;

(7) "Support order" means a court order, or order of a family support magistrate including an agreement approved by a court or a family support magistrate, that requires the payment to a dependent of either current support payments, payments on an arrearage, or both;

(8) "Unemployment compensation" means any compensation payable under chapter 567, including amounts payable by the administrator of the unemployment compensation law pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

Sec. 20. Subsection (e) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) A withholding order shall issue in the amount necessary to enforce a support order against only such nonexempt income of the obligor as exceeds the greater of (1) eighty-five per cent of the first one hundred forty-five dollars per week of disposable income, or (2) the amount exempt under Section 1673 of Title 15 of the United States Code, or against any lesser amount which the court or family support magistrate deems equitable. The withholding order shall secure payment of past and future amounts due under the support order and an additional amount computed in accordance with the child support guidelines established in accordance with section 46b-215a, to be applied toward liquidation of any arrearage accrued under such order, unless contested by the obligor after a notice has been served pursuant to subsection (c) of this section, in which case the court or family support magistrate may determine the amount to be applied toward the liquidation of the arrearage found to have accrued under prior order of the court or family support magistrate. In no event shall such additional amount be applied if there is an existing arrearage order from the court or family support magistrate in a IV-D support case, as defined in subdivision (13) of subsection (b) of section 46b-231. Any investigator or other authorized employee of the Bureau of Child Support Enforcement within the Department of Social Services, or any officer of [the] Support Enforcement [Division] Services of the Superior Court, shall issue a withholding order pursuant to this subsection when the obligor becomes subject to withholding under subsection (c) of this section. On service of the order of withholding on an existing or any future employer or other payer of income, and until the support order is fully satisfied or modified, the order of withholding is a continuing lien and levy on the obligor's income as it becomes due.

Sec. 21. Subsection (h) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof:

(h) Service of any process under this section, including any notice, may be made in accordance with section 52-57, or by certified mail, return receipt requested. If service is made on behalf of the state, it may be made by an authorized employee of [the] Support Enforcement [Division of the court] Services, or by an investigator or other officer of the Bureau of Child Support Enforcement within the Department of Social Services or by an investigator of the Department of Administrative Services or by the Attorney General. Service of income withholding orders by Support Enforcement Services upon an employer under this section may be made in accordance with section 52-57, by certified mail, return receipt requested, or by first class mail.

Sec. 22. Subsection (k) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof:

(k) The employer shall notify promptly the dependent or [the] Support Enforcement [Division] Services as directed when the obligor terminates employment, makes a claim for workers' compensation benefits or makes a claim for unemployment compensation benefits and shall provide the obligor's last-known address and the name and address of the obligor's new employer, if known.

Sec. 23. Subsection (d) of section 52-362d of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Whenever an order of the Superior Court or a family support magistrate for support of a minor child or children is issued and such payments have been ordered through the IV-D agency, and the obligor against whom such support order was issued owes overdue support under such order in the amount of five hundred dollars or more, the IV-D agency, as defined in subdivision (12) of subsection (b) of section 46b-231, or [the] Support Enforcement [Division] Services of the Superior Court may notify (1) any state or local agency with authority to distribute benefits to such obligor including, but not limited to, unemployment compensation and workers' compensation, (2) any person having or expecting to have custody or control of or authority to distribute any amounts due such obligor under any judgment or settlement, (3) any financial institution holding assets of such obligor, and (4) any public or private entity administering a public or private retirement fund in which such obligor has an interest that such obligor owes overdue support in a IV-D support case. Upon receipt of such notice, such agency, person, institution or entity shall withhold delivery or distribution of any such benefits, amounts, assets or funds until receipt of further notice from the IV-D agency.

Sec. 24. Subsection (d) of section 52-362e of the general statutes is repealed and the following is substituted in lieu thereof:

(d) The Commissioner of Social Services shall adopt regulations, in accordance with chapter 54, setting forth procedures in compliance with federal law and regulations under Title IV-D of the Social Security Act providing for adequate notice of (1) the right to a review by [the] Support Enforcement [Division] Services of the Superior Court, (2) the right to a fair hearing before a hearing officer, (3) a list of available defenses including the defense described in section 52-362h, and (4) procedures for a fair hearing for any person who is alleged to owe past-due support and is subject to the provisions of this section.

Sec. 25. Section 52-362f of the general statutes is repealed and the following is substituted in lieu thereof:

(a) As used in this section, unless the context requires otherwise:

(1) "Agency" means the Bureau of Child Support Enforcement within the Department of Social Services of this state and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this section, including the issuance and enforcement of support orders.

(2) "Child" means any child, whether above or below the age of majority, with respect to whom a support order exists.

(3) "Court" means the Superior Court of this state, including the Family Support Magistrate Division, or the court or agency of any other jurisdiction with functions similar to those defined in this section, including the issuance and enforcement of support orders.

(4) "Income" means earnings as defined in subdivision (3) of subsection (a) of section 52-362.

(5) "Income derived in this jurisdiction" means any earnings, the payer of which is subject to the jurisdiction of this state for the purpose of imposing and enforcing an order for withholding under section 52-362.

(6) "Jurisdiction" means any state or political subdivision, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(7) "Obligee" means any person or entity which is entitled to receive support under an order of support and shall include an agency of another jurisdiction to which a person has assigned his or her right to support.

(8) "Obligor" means any person required to make payments under the terms of a support order for a child, spouse, or former spouse.

(9) "Payer" means any payer of income.

(10) "Support order" means any order, decree, or judgment for the support, or for the payment of arrearages on such support, of a child, spouse, or former spouse issued by a court or agency of another jurisdiction, whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise.

(b) The remedies herein provided are in addition to and not in substitution for any other remedies.

(c) When a support order has been issued in this state and the obligor has earnings subject to income withholding in another jurisdiction, (1) the agency shall on application of a resident of this state, (2) [the] Support Enforcement [Division] Services shall on behalf of any client for whom [the] Support Enforcement [Division] Services is providing services, (3) an obligee or obligor of a support order issued by this state may, or (4) an agency to whom the obligee has assigned support rights may, promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against such income. The agency or [the] Support Enforcement [Division] Services, as the case may be, shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The agency or Support Enforcement [Division] Services also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the agency or Support Enforcement [Division] Services receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time and place of the hearings and of the obligee's right to attend.

(d) When a support order is issued in another jurisdiction and the obligor has income subject to withholding in accordance with the provisions of section 52-362, as amended by this act, [the] Support Enforcement [Division] Services shall, upon receiving a support order of another jurisdiction with the documentation specified in this subsection from an agency of another jurisdiction, or from an obligee, and obligor or an attorney for either the obligee or obligor, file such support order and documents in the registry maintained by [the] Support Enforcement [Division] Services. Documentation required for the entry of a support order for another jurisdiction for the purpose of withholding of income shall comply with the requirements of section 46b-213i, as amended by this act. If the documentation received by [the] Support Enforcement [Division] Services does not conform to those requirements, [the] Support Enforcement [Division] Services shall remedy any defect which it can without the assistance of the obligee or requesting agency or person. If [the] Support Enforcement [Division] Services is unable to make such corrections, the requesting agency or person shall immediately be notified of the necessary additions or corrections. [The] Support Enforcement [Division] Services shall accept the documentation required by this subsection so long as the substantive requirements of this subsection are met.

(e) A support order registered under subsection (d) of this section shall be enforceable by withholding in the manner and with the effect as set forth for registered support orders of another jurisdiction pursuant to section 52-362, as amended by this act. A support order from another jurisdiction filed under this section shall not be subject to modification by a court or other agency of this state except as provided in sections 46b-213o to 46b-213q, inclusive. Entry of the order shall not confer jurisdiction on any court of this state for any purpose other than withholding of income.

(f) Upon registration of a support order from another jurisdiction pursuant to subsection (d) of this section, Family Support Magistrate Division or [the] Support Enforcement [Division] Services of the Superior Court acting on its behalf shall proceed as provided in section 46b-213k.

(g) An income withholding order under this section shall direct payment to the Bureau of Child Support Enforcement or its designated collection agent. The bureau or its designated agent shall promptly distribute payments received pursuant to an income withholding order or garnishment based on a support order of another jurisdiction entered under this section to the agency or person designated pursuant to subdivision (5) of subsection (a) of section [46b-213f] 46b-213h, as amended by this act. A support order entered pursuant to subsection (d) of this section does not nullify and is not nullified by a support order made by a court of this state pursuant to any other section of the general statutes or a support order made by a court of any other state. Amounts collected by any withholding of income shall be credited against the amounts accruing or accrued for any period under any support orders issued either by this state or by another jurisdiction.

(h) The agency or [the] Support Enforcement [Division] Services upon receiving a certified copy of any amendment or modification to a support order entered pursuant to subsection (d) of this section, shall file such certified copy with the clerk of [the] Support Enforcement [Division] Services, and [the division] Support Enforcement Services shall amend or modify the order for withholding to conform to the modified support order.

(i) If the agency or [the] Support Enforcement [Division] Services determines that the obligor has obtained employment in another state or has a new or additional source of income in another state, it shall notify the agency which requested the income withholding of the changes within ten days of receiving that information and shall forward to such agency all information it has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income. The agency or [the] Support Enforcement [Division] Services shall include with the notice a certified copy of the order for withholding in effect in this state.

(j) Any person who is the obligor on a support order of another jurisdiction may obtain a voluntary income withholding by filing with the agency a request for such withholding and a certified copy of the support order issued by such jurisdiction. The agency shall file such request for a voluntary withholding with the certified copy of the support order from the jurisdiction that entered such order with the clerk of [the] Support Enforcement [Division] Services of the Superior Court and [the division] Support Enforcement Services, acting on behalf of the Family Support Magistrate Division, shall issue an order for withholding. Any order for withholding thus issued shall be subject to all applicable provisions of this section.

Sec. 26. Section 52-362i of the general statutes is repealed and the following is substituted in lieu thereof:

If the court or family support magistrate finds that (1) an obligor is delinquent on payment of child support, and (2) future support payments are in jeopardy, or (3) the obligor has exhibited or expressed an intention not to pay any such support, the court or family support magistrate may order the obligor to provide a cash deposit not to exceed the amount of four times the current monthly support and arrearage obligation, to be held in escrow by the Connecticut Child Support Enforcement Bureau or Support Enforcement Services. Any funds from such cash deposit may be disbursed by the Connecticut Child Support Enforcement Bureau or Support Enforcement Services to the custodial parent upon a determination by said support enforcement bureau or Support Enforcement Services that the obligor has failed to pay the full amount of the monthly support obligation. Payment shall be in an amount that, when combined with the obligor's payment, would not exceed the monthly support obligation. Payment from such cash deposit shall not preclude a finding of delinquency during the period of time in which the obligor failed to pay current support.

Sec. 27. Section 53-304 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who neglects or refuses to furnish reasonably necessary support to the person's spouse, child under the age of eighteen or parent under the age of sixty-five shall be deemed guilty of nonsupport and shall be imprisoned not more than one year, unless the person shows to the court before which the trial is had that, owing to physical incapacity or other good cause, the person is unable to furnish such support. Such court may suspend the execution of any community correctional center sentence imposed, upon any terms or conditions that it deems just, may suspend the execution of the balance of any such sentence in a like manner, and, in addition to any other sentence or in lieu thereof, may order that the person convicted shall pay to the Commissioner of Administrative Services directly or through [the] Support Enforcement [Division] Services of the Superior Court, such support, in such amount as the court may find commensurate with the necessities of the case and the ability of such person, for such period as the court shall determine. Any such order of support may, at any time thereafter, be set aside or altered by such court for cause shown. Failure of any defendant to make any payment may be punished as contempt of court and, in addition thereto or in lieu thereof, the court may order the issuance of a wage withholding in the same manner as is provided in section 17b-748, which withholding order shall have the same precedence as is provided in section 52-362, as amended by this act. The amounts withheld under such withholding order shall be remitted to the Department of Administrative Services by the person or corporation to whom the withholding order is presented at such intervals as such withholding order directs. For purposes of this section, the term "child" shall include one born out of wedlock whose father has acknowledged in writing his paternity of such child or has been adjudged the father by a court of competent jurisdiction.

(b) Any person who violates any provision of this section may be prosecuted before any court of this state in the same manner as if such offense had been committed within the territorial jurisdiction of such court.

(c) A written agreement to support or any modification of an agreement to support filed with said court or the assistant clerk of the Family Support Magistrate Division shall have the same force and effect as an order of support by the Superior Court and shall be enforceable in the same manner as is provided herein for orders of support issued by the court.

(d) Family relations caseworkers of the Family Division and support enforcement officers of [the] Support Enforcement [Division] Services may administer oaths in all affidavits, statements, complaints and reports made to or by family relations caseworkers and support enforcement officers of the Superior Court in the performance of their duties.

Sec. 28. Section 53-308 of the general statutes is repealed and the following is substituted in lieu thereof:

When any bond or recognizance conditioned for the appearance of any person accused in any information or complaint charging a violation of any of the provisions of section 53-304 becomes forfeited or whenever any person convicted under the provisions of said section gives a bond and fails to comply with the provisions of the same, the court before which such information or complaint is pending or in which such conviction was had, upon collection or settlement of such forfeited bond or recognizance, may order the avails or any portion thereof to be paid to the spouse or for the support of the children or both, in such manner and installments as such court may find reasonable, or may order the avails or any portion thereof to be paid to the selectmen of the town, [the] Support Enforcement [Division] Services of the Superior Court, or the Commissioner of Administrative Services, who shall administer the same for the benefit of the spouse or children or both, as they or he may find reasonable.

Approved June 6, 2001