Table of Contents
Secs. 46b-180 to 46b-186. (Formerly Secs. 17-327 to 17-333). Definitions. Remedies additional to existing remedies. Extent of duties of support. Remedies of a state or political
subdivision thereof furnishing support. Choice of law. How duties of support are enforced.
Attorney General to represent petitioner in support proceedings.
Sec. 46b-187. (Formerly Sec. 17-334). Payment of petitioner's representatives.
Secs. 46b-188 to 46b-206. (Formerly Secs. 17-335 to 17-353 et al). Contents of petition
for support. Petition for a minor. Duty of Family Support Magistrate Division acting for
state as initiating state. Costs and fees. Jurisdiction by arrest. State information
agency. Duty of Support Enforcement Division of this state as responding state. Further
duty of responding state if unable to obtain jurisdiction. Investigation; payment of support orders. Procedure. Order of support. "Support order" defined. Registration of support
orders from other states. Enforcement and modification of registered support orders. Responding state to transmit copies to initiating state. Additional powers of Family Support
Magistrate Division. Additional duties of Support Enforcement Division of this state when
acting as a responding state. Additional duty of the court of this state when acting as an
initiating state. Husband and wife privilege inapplicable. Application of payments. Temporary order. Appeal.
Sec. 46b-207. (Formerly Sec. 17-354). Support services.
Sec. 46b-208. (Formerly Sec. 17-354a). Powers of support service investigators.
Secs. 46b-209 and 46b-210. (Formerly Secs. 17-355 and 17-355a). Uniformity of interpretation. Proceedings not stayed by other pending actions.
Sec. 46b-211. (Formerly Sec. 17-355b). Participation in proceedings not to confer jurisdiction for other proceedings.
Sec. 46b-212. Short title: Uniform Interstate Family Support Act.
Sec. 46b-212a. Definitions.
Sec. 46b-212b. Tribunals of state.
Sec. 46b-212c. Remedies cumulative.
Sec. 46b-212d. Jurisdiction over nonresident.
Sec. 46b-212e. Procedure when exercising jurisdiction over nonresident.
Sec. 46b-212f. Family Support Magistrate Division as initiating and responding tribunal.
Sec. 46b-212g. Simultaneous proceedings in another state.
Sec. 46b-212h. Continuing, exclusive jurisdiction of Family Support Magistrate Division
or Superior Court, when.
Sec. 46b-212i. Enforcement and modification of support order by Family Support Magistrate
Division.
Sec. 46b-212j. Recognition of controlling child support orders.
Sec. 46b-212k. Multiple child support orders for two or more obligees.
Sec. 46b-212l. Credit for support payments.
Sec. 46b-212m. Proceedings. Procedure.
Sec. 46b-212n. Action by minor parent.
Sec. 46b-212o. Applicability of state law.
Sec. 46b-212p. Duties of initiating tribunal.
Sec. 46b-212q. Duties and powers of responding tribunal.
Sec. 46b-212r. Inappropriate tribunal.
Sec. 46b-212s. Duties of support enforcement agency.
Sec. 46b-212t. Legal Services by Attorney General. Private counsel.
Sec. 46b-212u. Duty of Commissioner of Social Services.
Sec. 46b-212v. Duties of state information agency.
Sec. 46b-212w. Pleadings and accompanying documents.
Sec. 46b-212x. Nondisclosure of information in exceptional circumstances.
Sec. 46b-212y. Costs and fees.
Sec. 46b-212z. Limited immunity of petitioner.
Sec. 46b-213. Nonpaternity as defense.
Sec. 46b-213a. Special rules of evidence and procedure.
Sec. 46b-213b. Communication between tribunals.
Sec. 46b-213c. Assistance with discovery.
Sec. 46b-213d. Receipt and disbursement of support payments.
Sec. 46b-213e. Issuance of support order.
Sec. 46b-213f. Administrative enforcement of orders.
Sec. 46b-213g. Registration of order for enforcement.
Sec. 46b-213h. Procedure to register order for enforcement.
Sec. 46b-213i. Effect of registration for enforcement.
Sec. 46b-213j. Choice of law.
Sec. 46b-213k. Notice of registration of order.
Sec. 46b-213l. Procedure to contest validity or enforcement of registered order.
Sec. 46b-213m. Contest of registration or enforcement.
Sec. 46b-213n. Confirmation of registered order.
Sec. 46b-213o. Procedure re registration of child support order of another state for modification.
Sec. 46b-213p. Effect of registration for modification.
Sec. 46b-213q. Modification of child support order of another state.
Sec. 46b-213r. Recognition of order modified in another state.
Sec. 46b-213s. Proceeding to determine paternity.
Sec. 46b-213t. Surrender and extradition of individual criminally charged with failure to
provide support.
Sec. 46b-213u. Conditions of rendition.
Sec. 46b-213v. Uniformity of application and construction.
Sec. 46b-213w. Duties of employer re income withholding order issued in another state.
Notice and claim form distributed by Department of Social Services. Contents of form. Multiple income withholding orders. Penalty for noncompliance. Contest by obligor.
Sec. 46b-214.
Sec. 46b-215. (Formerly Sec. 17-320). Relatives obliged to furnish support, when. Orders.
Sec. 46b-215a. Commission for Child Support Guidelines. Duties. Members.
Sec. 46b-215b. Guidelines to be used in determination of amount of support and payment on
arrearages and past due support.
Sec. 46b-215c. Guidelines to be approved by legislative regulation review committee.
Sec. 46b-215d. Certain earnings not considered income for purposes of guidelines.
Sec. 46b-216. (Formerly Sec. 17-321). Support of surviving husband or wife by heirs.
Sec. 46b-217. (Formerly Sec. 17-322). Relief from support.
Sec. 46b-218. (Formerly Sec. 17-324a). Filing of identification and location information
with the state case registry.
Sec. 46b-219. (Formerly Sec. 17-326). No liability for support of deserting parent.
Sec. 46b-220. Suspension of license of delinquent child support obligor. Conditions. Reinstatement.
Sec. 46b-221. Notice to delinquent child support obligors by Commissioner of Social Services re availability of remedy of license suspension.
Sec. 46b-222. Regulations.
Sec. 46b-223. Rules of Court.
Secs. 46b-224 to 46b-230.
Sec. 46b-231. Definitions. Family Support Advisory Committee. Family Support Magistrate
Division. Family support magistrates; appointment, salaries, powers and duties. Orders.
Appeal. Attorney General; duties re actions for support.
Sec. 46b-232. Alteration or setting aside of support order by family support magistrate,
when.
Sec. 46b-233. Longevity payments.
Sec. 46b-233a. Retirement of family support magistrates. Credit for prior service.
Amounts used in determining salary.
Sec. 46b-234. Report by the Attorney General to IV-D agency re performance standards.
Sec. 46b-235. Applicability of sections in relation to any bargaining unit designation,
award, settlement, benefit, existing employment practice or classification of any employee.
Sec. 46b-236. Family support referees.
UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT
Secs. 46b-180 to 46b-186. (Formerly Secs. 17-327 to 17-333). Definitions. Remedies additional to existing remedies. Extent of duties of support. Remedies of a
state or political subdivision thereof furnishing support. Choice of law. How duties
of support are enforced. Attorney General to represent petitioner in support proceedings. Sections 46b-180 to 46b-186, inclusive, are repealed, effective January 1,
1998. Sec. 46b-187. (Formerly Sec. 17-334). Payment of petitioner's representatives.
Section 46-187 is repealed. Secs. 46b-188 to 46b-206. (Formerly Secs. 17-335 to 17-353 et al). Contents
of petition for support. Petition for a minor. Duty of Family Support Magistrate
Division acting for state as initiating state. Costs and fees. Jurisdiction by arrest.
State information agency. Duty of Support Enforcement Division of this state as
responding state. Further duty of responding state if unable to obtain jurisdiction.
Investigation; payment of support orders. Procedure. Order of support. "Support
order" defined. Registration of support orders from other states. Enforcement and
modification of registered support orders. Responding state to transmit copies to
initiating state. Additional powers of Family Support Magistrate Division. Additional duties of Support Enforcement Division of this state when acting as a responding state. Additional duty of the court of this state when acting as an initiating
state. Husband and wife privilege inapplicable. Application of payments. Temporary order. Appeal. Sections 46b-188 to 46b-206, inclusive, are repealed, effective
January 1, 1998. Sec. 46b-207. (Formerly Sec. 17-354). Support services. The court is authorized
to establish and maintain a Support Enforcement Division and such division offices as
it determines are necessary for the proper handling of the administrative details incident
to proceedings under sections 46b-212 to 46b-213v, inclusive, 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. Sec. 46b-208. (Formerly Sec. 17-354a). Powers of support service investigators. The support service investigators of the Support Enforcement Division 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, have the powers of service and of execution of summons and orders for withholding, and the conduct of investigations. Secs. 46b-209 and 46b-210. (Formerly Secs. 17-355 and 17-355a). Uniformity
of interpretation. Proceedings not stayed by other pending actions. Sections 46b-
209 and 46b-210 are repealed, effective January 1, 1998. Sec. 46b-211. (Formerly Sec. 17-355b). Participation in proceedings not to
confer jurisdiction for other proceedings. Participation in any proceedings under this
part shall not confer upon any court jurisdiction of any of the parties thereto in any other
proceeding. Sec. 46b-212. Short title: Uniform Interstate Family Support Act. Sections
46b-212 to 46b-213v, inclusive, may be cited as the Uniform Interstate Family Support Act. Sec. 46b-212a. Definitions. As used in sections 46b-212 to 46b-213v, inclusive: Sec. 46b-212b. Tribunals of state. 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, provided clerical, administrative and other nonjudicial
functions in proceedings before the Family Support Magistrate Division may be performed by the Support Enforcement Division of the Superior Court. Sec. 46b-212c. Remedies cumulative. Remedies provided by sections 46b-212
to 46b-213v, inclusive, are cumulative and do not affect the availability of remedies
under any other law. Sec. 46b-212d. Jurisdiction over nonresident. Subject to the provisions of subsection (b) of section 46b-46, in a proceeding to establish, enforce or modify a support
order or to determine paternity, a tribunal of this state may exercise personal jurisdiction
over a nonresident individual if: (1) The individual is personally served with process
within this state; (2) the individual submits to the jurisdiction of this state by consent,
by entering a general appearance and failing to object to jurisdiction in a timely manner,
or by filing a responsive document having the effect of waiving any contest to personal
jurisdiction; (3) the individual resided with the child in this state; (4) the individual
resided in this state and provided prenatal expenses or support for the child; (5) the child
resides in this state as a result of the acts or directives of the individual; (6) the individual
engaged in sexual intercourse in this state and the child may have been conceived by
that act of intercourse; or (7) there is any other basis consistent with the constitutions
of this state and the United States for the exercise of personal jurisdiction. Sec. 46b-212e. Procedure when exercising jurisdiction over nonresident. The
Family Support Magistrate Division exercising personal jurisdiction over a nonresident
under section 46b-212d, may apply section 46b-213a to receive evidence from another
state, and section 46b-213c to obtain discovery through a tribunal of another state. In
all other respects, sections 46b-212m to 46b-213s, inclusive, do not apply and the Family
Support Magistrate Division shall apply the procedural and substantive law of this state,
including the rules on choice of law other than those established by sections 46b-212
to 46b-213v, inclusive. Sec. 46b-212f. Family Support Magistrate Division as initiating and responding tribunal. Under sections 46b-212 to 46b-213v, inclusive, the Family Support
Magistrate Division may serve as an initiating tribunal to forward proceedings to another
state and as a responding tribunal for proceedings initiated in another state. Sec. 46b-212g. Simultaneous proceedings in another state. (a) If a petition or
comparable pleading is filed in this state after a petition or comparable pleading is filed
in another state, the Family Support Magistrate Division may exercise jurisdiction to
establish a support order only if: (1) The petition or comparable pleading in this state
is filed before the expiration of the time allowed in the other state for filing a responsive
pleading challenging the exercise of jurisdiction by the other state; (2) the contesting
party timely challenges the exercise of jurisdiction in the other state; and (3) if relevant,
this state is the home state of the child. Sec. 46b-212h. Continuing, exclusive jurisdiction of Family Support Magistrate Division or Superior Court, when. (a) The Family Support Magistrate Division
or the Superior Court issuing a support order consistent with the law of this state has
continuing exclusive jurisdiction over a child support order: (1) As long as this state
remains the residence of the obligor, the individual obligee or the child for whose benefit
the support order is issued; or (2) until all of the parties who are individuals have filed
written consents with the Family Support Magistrate Division for a tribunal of another
state to modify the order and assume continuing exclusive jurisdiction. Sec. 46b-212i. Enforcement and modification of support order by Family Support Magistrate Division. (a) The Family Support Magistrate Division may serve as
an initiating tribunal to request a tribunal of another state to enforce or modify a support
order issued in that state. Sec. 46b-212j. Recognition of controlling child support orders. (a) If a proceeding is brought under sections 46b-212 to 46b-213v, inclusive, and only one tribunal has
issued a child support order, the order of that tribunal controls and shall be recognized. Sec. 46b-212k. Multiple child support orders for two or more obligees. In responding to multiple registrations or petitions for enforcement of two or more child
support orders in effect at the same time with regard to the same obligor and different
individual obligees, at least one of which was issued by a tribunal of another state, the
Family Support Magistrate Division shall enforce those orders in the same manner as
if the multiple orders had been issued by the Family Support Magistrate Division. Sec. 46b-212l. Credit for support payments. Amounts collected and credited for
a particular period pursuant to a support order issued by a tribunal of another state must
be credited against the amounts accruing or accrued for the same period under a support
order issued by the Family Support Magistrate Division or the Superior Court. Sec. 46b-212m. Proceedings. Procedure. (a) Except as otherwise provided in sections 46b-212 to 46b-213v, inclusive, sections 46b-212m to 46b-213d, inclusive, apply
to all proceedings under sections 46b-212 to 46b-213v, inclusive. Sec. 46b-212n. Action by minor parent. A minor parent, or a guardian or other
legal representative of a minor parent, may maintain a proceeding on behalf of or for
the benefit of the minor's child. Sec. 46b-212o. Applicability of state law. Except as otherwise provided by sections 46b-212 to 46b-213v, inclusive, a responding tribunal of this state: (1) Shall apply
the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and
provide all remedies available in those proceedings; and (2) shall determine the duty of
support and the amount payable in accordance with the law and support guidelines of
this state. Sec. 46b-212p. Duties of initiating tribunal. (a) Except with respect to the initial
petition in a IV-D support case, upon filing of a petition authorized by sections 46b-
212 to 46b-213v, inclusive, an initiating tribunal of this state shall forward three copies
of the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) if the identity of the
responding tribunal is unknown, to the state information agency of the responding state
with a request that they be forwarded to the appropriate tribunal and that receipt be
acknowledged. If a petition is the initial petition in a IV-D support case, the initiating
tribunal shall forward the three copies of the petition and its accompanying documents
to the interstate central registry in the responding state. Sec. 46b-212q. Duties and powers of responding tribunal. (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 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. Sec. 46b-212r. Inappropriate tribunal. If a petition or comparable pleading is
received by an inappropriate tribunal of this state, the tribunal shall promptly forward
the pleading and accompanying documents to an appropriate tribunal in this state or
another state and notify the petitioner by first class mail where and when the pleading
was sent. Sec. 46b-212s. Duties of support enforcement agency. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under sections 46b-212 to 46b-213v, inclusive. Sec. 46b-212t. Legal Services by Attorney General. Private counsel. (a) The
Attorney General shall provide necessary legal services on behalf of the support enforcement agency in providing services to a petitioner under sections 46b-212 to 46b-213v,
inclusive. Sec. 46b-212u. Duty of Commissioner of Social Services. If the Commissioner
of Social Services determines the support enforcement agency is neglecting or refusing
to provide services to an individual, the commissioner may provide those services directly to the individual. Sec. 46b-212v. Duties of state information agency. (a) The Support Enforcement
Division of the Superior Court is the state information agency under sections 46b-212
to 46b-213v, inclusive. Sec. 46b-212w. Pleadings and accompanying documents. (a) A petitioner seeking to establish or modify a support order or to determine paternity in a proceeding under
sections 46b-212 to 46b-213v, inclusive, must verify the petition. Unless otherwise
ordered under section 46b-212x, the petition or accompanying documents must provide,
so far as known, the name, residential address and Social Security numbers of the obligor
and the obligee, and the name, sex, residential address, Social Security number and date
of birth of each child for whom support is sought. The petition must be accompanied
by a certified copy of any support order in effect. The petition may include any other
information that may assist in locating or identifying the respondent. Sec. 46b-212x. Nondisclosure of information in exceptional circumstances.
Upon a finding, which may be made ex parte, that the health, safety or liberty of a party
or child would be unreasonably put at risk by the disclosure of identifying information,
or if an existing order so provides, a tribunal shall order that the address of the child or
party or other identifying information not be disclosed in a pleading or other document
filed in a proceeding under sections 46b-212 to 46b-213v, inclusive. Sec. 46b-212y. Costs and fees. (a) The petitioner may not be required to pay a
filing fee or other costs. Sec. 46b-212z. Limited immunity of petitioner. (a) Participation by a petitioner
in a proceeding before a responding tribunal, whether in person, by private attorney or
through services provided by the support enforcement agency, does not confer personal
jurisdiction over the petitioner in another proceeding. Sec. 46b-213. Nonpaternity as defense. A party whose paternity of a child has
been previously determined by or pursuant to law may not plead nonpaternity as a
defense to a proceeding under sections 46b-212 to 46b-213v, inclusive. Sec. 46b-213a. Special rules of evidence and procedure. (a) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment
determining paternity. Sec. 46b-213b. Communication between tribunals. A family support magistrate
may communicate with a tribunal of another state in writing, or by telephone or other
means, to obtain information concerning the laws of that state, the legal effect of a
judgment, decree or order of that tribunal and the status of a proceeding in the other
state. A family support magistrate may furnish similar information by similar means to
a tribunal of another state. Sec. 46b-213c. Assistance with discovery. A family support magistrate may: (1)
Request a tribunal of another state to assist in obtaining discovery; and (2) upon request,
compel a person over whom it has jurisdiction to respond to a discovery order issued
by a tribunal of another state. Sec. 46b-213d. Receipt and disbursement of support payments. The Child Support Enforcement Bureau of the Department of Social Services or its designated collection agent, and any tribunal shall disburse promptly any amounts received pursuant to
a support order, as directed by the order. The bureau, agent or tribunal shall furnish to
a requesting party or tribunal of another state a certified statement by the custodian of
the record of the amounts and dates of all payments received. Sec. 46b-213e. Issuance of support order. (a) If a support order entitled to recognition under sections 46b-212 to 46b-213v, inclusive, has not been issued, a family
support magistrate may issue a support order if: (1) The individual seeking the order
resides in another state; or (2) the support enforcement agency seeking the order is
located in another state. Sec. 46b-213f. Administrative enforcement of orders. (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. Sec. 46b-213g. Registration of order for enforcement. 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 of the Superior Court. Sec. 46b-213h. Procedure to register order for enforcement. (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 for filing
in the registry of support orders of the Family Support Magistrate Division: (1) A letter
of transmittal to the Support Enforcement Division 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. Sec. 46b-213i. Effect of registration for enforcement. (a) A support order or
income withholding order issued in another state is registered when the order is filed
with the Support Enforcement Division for registration in the registry of support orders. Sec. 46b-213j. Choice of law. (a) The law of the issuing state governs the nature,
extent, amount and duration of current payments and other obligations of support and
the payment of arrearages under the order. Sec. 46b-213k. Notice of registration of order. (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 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. Sec. 46b-213l. Procedure to contest validity or enforcement of registered order. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing before the Family Support Magistrate
Division within twenty days after the date of mailing or personal service of notice of
the registration. The nonregistering party may seek to vacate the registration, to assert
any defense to an allegation of noncompliance with the registered order, or to contest
the remedies being sought or the amount of any alleged arrearages pursuant to section
46b-213m. Sec. 46b-213m. Contest of registration or enforcement. (a) A party contesting
the validity or enforcement of a registered order or seeking to vacate the registration
has the burden of proving one or more of the following defenses: (1) The issuing tribunal
lacked personal jurisdiction over the contesting party; (2) the order was obtained by
fraud; (3) the order has been vacated, suspended or modified by a later order; (4) the
issuing tribunal has stayed the order pending appeal; (5) there is a defense under the
law of this state to the remedy sought; (6) full or partial payment has been made; or (7)
the statute of limitations under section 46b-213j precludes enforcement of some or all
of the arrearages. Sec. 46b-213n. Confirmation of registered order. Confirmation of a registered
order, whether by operation of law or after notice and hearing, precludes further contest
of the order with respect to any matter that could have been asserted at the time of
registration. Sec. 46b-213o. Procedure re registration of child support order of another
state for modification. A party or support enforcement agency seeking to modify, or
to modify and enforce, a child support order issued in another state shall register that
order in this state in the same manner provided in sections 46b-213g to 46b-213j, inclusive, if the order has not been registered. A petition for modification may be filed at the
same time as a request for registration, or later. The pleading must specify the grounds
for modification. Sec. 46b-213p. Effect of registration for modification. A family support magistrate may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a family support magistrate,
but the registered order may be modified only if the requirements of section 46b-213q
have been met. Sec. 46b-213q. Modification of child support order of another state. (a) After
a child support order issued in another state has been registered in this state, a family
support magistrate may modify that order only if subsection (e) of this section does
not apply and, after notice and hearing, such magistrate finds that: (1) The following
requirements are met: (A) The child, the individual obligee and the obligor do not reside
in the issuing state; (B) a petitioner who is a nonresident of this state seeks modification;
and (C) the respondent is subject to the personal jurisdiction of the Family Support
Magistrate Division; or (2) the child or party who is an individual is subject to the
personal jurisdiction of the Family Support Magistrate Division and all of the parties
who are individuals have filed written consents in the issuing tribunal for a family support
magistrate to modify the support order and assume continuing exclusive jurisdiction
over the order provided if the issuing state is a foreign jurisdiction that has not enacted
a law or established procedures substantially similar to sections 46b-212 to 46b-213v,
inclusive, the consent otherwise required of an individual residing in this state is not
required for the family support magistrate to assume jurisdiction to modify a child support order.
(1949, 1395b; 1951, S. 1395b, 1400b; 1953, S. 3237d−3242d; 3244d; 1961, P.A. 475, S. 1, 2; 1969, P.A. 655, S. 1;
P.A. 73-51; P.A. 76-17, S. 1; 76-436, S. 369, 371, 372, 681; P.A. 77-452, S. 22, 71, 72; P.A. 80-180, S. 1; P.A. 81-472,
S. 85, 159; P.A. 86-359, S. 3−5, 44; P.A. 87-316, S. 4; June 18 Sp. Sess. P.A. 97-1, S. 74, 75.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1951, S. 1401b; 1953, S. 3245d; P.A. 76-436, S. 373, 681; P.A. 86-359, S. 43, 44.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949, S. 1399b(a),(f)−(i),(k),(n),(p), 1404b, 1405b; 1953, S. 3243d, 3243d, 3246d−3263d; 1957, P.A. 631; 1961, P.A.
475, S. 3, 4; 1967, P.A. 314, S. 13; 1969, P.A. 297; P.A. 73-373, S. 35; P.A. 76-436, S. 370, 681; P.A. 77-614, S. 486,
587, 614; P.A. 78-280, S. 26, 127; P.A. 78-303, S. 85, 136; P.A. 80-180, S. 2−4; P.A. 83-527, S. 3−8; P.A. 86-359, S. 6−
23, 44; P.A. 87-316, S. 5; P.A. 90-188, S. 4; 90-213, S. 21−29; P.A. 91-76, S. 4, 7; P.A. 93-396, S. 3, 4; June 18 Sp. Sess.
P.A. 97-1, S. 74, 75.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1953, S. 3264d; P.A. 80-180, S. 5; P.A. 90-213, S. 30, 56; June 18 Sp. Sess. P.A. 97-1, S. 63, 75.)
History: Sec. 17-354 transferred to Sec. 46b-207 in 1979; P.A. 80-180 replaced "bureaus" with "family division offices"
and authorized court to appoint personnel necessary for administration of nonjudicial functions; P.A. 90-213 changed the
name of the family division to the support enforcement division; June 18 Sp. Sess. P.A. 97-1 made technical changes,
effective January 1, 1998.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1972, P.A. 188, S. 4; P.A. 76-17, S. 2; 76-436, S. 587, 681; P.A. 80-180, S. 6; P.A. 86-359, S. 24, 44; P.A. 89-302, S.
4, 7; P.A. 90-213, S. 31, 56; June 18 Sp. Sess. P.A. 97-1, S. 64, 75.)
History: P.A. 76-17 rephrased provisions and authorized investigators to serve and execute capias; P.A. 76-436 replaced
court of common pleas with superior court, effective July 1, 1978; Sec. 17-354a transferred to Sec. 46b-208 in 1979; P.A.
80-180 deleted reference to coroners and word "chief" in "office of the chief medical examiner"; P.A. 86-359 deleted
former powers of support service investigators, leaving the powers of service and execution of summons and garnishments
and conduct of investigations; P.A. 89-302 amended section by changing "garnishments" to "orders for withholding";
P.A. 90-213 changed the name of the family division to the support enforcement division; June 18 Sp. Sess. P.A. 97-1
made a technical change, effective January 1, 1998.
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(1949, S. 1403b; 1953, S. 3265d; 1961, P.A. 475, S. 5; June 18 Sp. Sess. P.A. 97-1, S. 74, 75.)
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(1961, P.A. 475, S. 6.)
History: Sec. 17-355b transferred to Sec. 46b-211 in 1979.
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UNIFORM INTERSTATE FAMILY SUPPORT ACT
(June 18 Sp. Sess. P.A. 97-1, S. 1, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(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.
(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, 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 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, 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, 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.
(June 18 Sp. Sess. P.A. 97-1, S. 2, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 3, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 4, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
(Return to TOC) (Return to Chapters) (Return to Titles)
(June 18 Sp. Sess. P.A. 97-1, S. 5, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
(Return to TOC) (Return to Chapters) (Return to Titles)
(June 18 Sp. Sess. P.A. 97-1, S. 6, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 7, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) The Family Support Magistrate Division may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or
comparable pleading is filed in another state if: (1) The petition or comparable pleading
in the other state is filed before the expiration of the time allowed in this state for filing
a responsive pleading challenging the exercise of jurisdiction by this state; (2) the contesting party timely challenges the exercise of jurisdiction in this state; and (3) provided
it is relevant, the other state is the home state of the child.
(June 18 Sp. Sess. P.A. 97-1, S. 8, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) The Family Support Magistrate Division or the Superior Court issuing a child
support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state
pursuant to a law substantially similar to sections 46b-212 to 46b-213v, inclusive.
(c) If a child support order of this state is modified by a tribunal of another state
pursuant to a law substantially similar to sections 46b-212 to 46b-213v, inclusive, the
Family Support Magistrate Division and the Superior Court lose continuing exclusive
jurisdiction with regard to prospective enforcement of the order issued in this state, and
may only: (1) Enforce the order that was modified as to amounts accruing before the
modification; (2) enforce nonmodifiable aspects of that order; and (3) provide other
appropriate relief for violations of that order which occurred before the effective date
of the modification.
(d) The Family Support Magistrate Division and the Superior Court shall recognize
the continuing exclusive jurisdiction of a tribunal of another state which has issued a
child support order pursuant to a law substantially similar to sections 46b-212 to 46b-
213v, inclusive.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing exclusive jurisdiction in the issuing tribunal.
(f) The Family Support Magistrate Division or Superior Court issuing a support
order consistent with the law of this state has continuing exclusive jurisdiction over a
spousal support order throughout the existence of the support obligation. The Family
Support Magistrate Division and the Superior Court may not modify a spousal support
order issued by a tribunal of another state having continuing exclusive jurisdiction over
that order under the law of that state.
(June 18 Sp. Sess. P.A. 97-1, S. 9, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) The Family Support Magistrate Division having continuing exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the
order. If a party subject to the continuing exclusive jurisdiction of the Family Support
Magistrate Division no longer resides in the issuing state, in subsequent proceedings
the Family Support Magistrate Division may apply the provisions of section 46b-213a
to receive evidence from another state and the provisions of section 46b-213c to obtain
discovery through a tribunal of another state.
(c) If the Family Support Magistrate Division or Superior Court lacks continuing
exclusive jurisdiction over a spousal support order, it may not serve as a responding
tribunal to modify a spousal support order of another state.
(June 18 Sp. Sess. P.A. 97-1, S. 10, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) If a proceeding is brought under sections 46b-212 to 46b-213v, inclusive, and
two or more child support orders have been issued by tribunals of this state or another
state with regard to the same obligor and child, the family support magistrate shall apply
the following rules in determining which order to recognize for purposes of continuing,
exclusive jurisdiction:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under
sections 46b-212 to 46b-213v, inclusive, the order of that tribunal controls and shall be
recognized.
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction
under 46b-212 to 46b-213v, inclusive, an order issued by a tribunal in the current home
state of the child controls and shall be recognized, but if an order has not been issued
in the current home state of the child, the order most recently issued controls and shall
be recognized.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under
sections 46b-212 to 46b-213v, inclusive, the family support magistrate having jurisdiction over the parties shall issue a child support order which controls and shall be recognized.
(c) If two or more child support orders have been issued for the same obligor and
child or the individual obligee resides in this state, a party may request a family support
magistrate to determine which order controls and is required to be recognized under
subsection (b) of this section. The request shall be accompanied by a certified copy of
every support order in effect. The requesting party shall give notice of the request to
each party whose rights may be affected by the determination.
(d) The tribunal that issued an order recognized under this section is the tribunal
having continuing, exclusive jurisdiction.
(e) The family support magistrate which determines by order the identity of the
controlling order under subsection (b) of this section or which issues a new controlling
order under subdivision (3) of subsection (b) of this section shall state in the order the
basis upon which the tribunal made its determination.
(f) The family support magistrate shall order the party obtaining the order determining the identity of the controlling order to file, within thirty days after issuance of an
order determining the identity of the controlling order, a certified copy of such order
with each tribunal that issued or registered an earlier order of child support. The failure
to file such order pursuant to this subsection shall not affect the validity or enforceability
of the controlling order.
(June 18 Sp. Sess. P.A. 97-1, S. 11, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 12, 75.)
History: June Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 13, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) Sections 46b-212 to 46b-213v, inclusive, provide for the following proceedings:
(1) Establishment of an order for spousal support or child support pursuant to section
46b-213e; (2) enforcement of a support order and income withholding order of another
state without registration pursuant to section 46b-213f; (3) registration of an order for
spousal support or child support of another state for enforcement pursuant to sections
46b-213g to 46b-213r, inclusive; (4) modification of an order for child support or spousal
support issued by a tribunal of this state pursuant to sections 46b-212f to 46b-212i,
inclusive; (5) registration of an order for child support of another state for modification
pursuant to sections 46b-213g to 46b-213r, inclusive; (6) determination of paternity
pursuant to section 46b-213s; and (7) assertion of jurisdiction over nonresidents pursuant
to sections 46b-212d and 46b-212e.
(c) An individual petitioner or a support enforcement agency may commence a
proceeding authorized under sections 46b-212 to 46b-213v, inclusive, by filing a petition
in an initiating tribunal for forwarding to a responding tribunal or by filing a petition
or a comparable pleading directly in a tribunal of another state which has or can obtain
personal jurisdiction over the respondent.
(June 18 Sp. Sess. P.A. 97-1, S. 14, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 15, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 16, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) If a responding state has not enacted a law or procedure substantially similar to
sections 46b-212 to 46b-213v, inclusive, the family support magistrate may issue a
certificate or other document and make findings required by the law of the other responding state. If the responding state is a foreign jurisdiction, the family support magistrate may specify the amount of support sought and provide other documents necessary
to satisfy the requirements of the responding state.
(June 18 Sp. Sess. P.A. 97-1, S. 17, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(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, 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, the Family Support Magistrate Division, or the Support
Enforcement Division 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.
(June 18 Sp. Sess. P.A. 97-1, S. 18, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 19, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) A support enforcement agency that is providing services to the petitioner as
appropriate shall: (1) Take all steps necessary to enable an appropriate tribunal in this
state or another state to obtain jurisdiction over the respondent; (2) request an appropriate
tribunal to set a date, time and place for a hearing; (3) make a reasonable effort to obtain
all relevant information, including information as to income and property of the parties;
(4) within five days, exclusive of Saturdays, Sundays and legal holidays, after receipt
of a written notice from an initiating, responding or registering tribunal, send a copy of
the notice by first class mail to the petitioner; (5) within five days, exclusive of Saturdays,
Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by first class mail
to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot
be obtained.
(c) The provisions of sections 46b-212 to 46b-213v, inclusive, do not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the
agency.
(June 18 Sp. Sess. P.A. 97-1, S. 20, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) An individual may employ private counsel to represent the individual in proceedings authorized by sections 46b-212 to 46b-213v, inclusive.
(June 18 Sp. Sess. P.A. 97-1, S. 21, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 22, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(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, 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,
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 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, 46b-179b, 46b-207, 46b-208, 46b-212 to 46b-213v,
inclusive, 46b-231, 52-362 and 52-362f.
(June 18 Sp. Sess. P.A. 97-1, S. 23, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) The petition must specify the relief sought. The petition and accompanying
documents must conform substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support enforcement agency.
(June 18 Sp. Sess. P.A. 97-1, S. 24, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
(Return to TOC) (Return to Chapters) (Return to Titles)
(June 18 Sp. Sess. P.A. 97-1, S. 25, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) If an obligee prevails, a responding tribunal may assess against an obligor filing
fees, reasonable attorney's fees, other costs and necessary travel and other reasonable
expenses incurred by the obligee and the obligee's witnesses. The tribunal may not
assess fees, costs or expenses against the obligee or the support enforcement agency of
either the initiating or the responding state, except as provided by other law.
(June 18 Sp. Sess. P.A. 97-1, S. 26, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) A petitioner is not amenable to service of civil process while physically present
in this state to participate in a proceeding under sections 46b-212 to 46b-213v, inclusive.
(c) The immunity granted by this section does not extend to civil litigation based
on acts unrelated to a proceeding under sections 46b-212 to 46b-213v, inclusive, committed by a party while present in this state to participate in the proceeding.
(June 18 Sp. Sess. P.A. 97-1, S. 27, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
(Return to TOC) (Return to Chapters) (Return to Titles)
(June 18 Sp. Sess. P.A. 97-1, S. 28, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) A verified petition, affidavit, document substantially complying with federally-
mandated forms and a document incorporated by reference in any of them, not excluded
under the hearsay rule if given in person, is admissible in evidence if given under oath
by a party or witness residing in another state.
(c) A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal. The
copy is evidence of facts asserted in it and is admissible to show whether payments were
made.
(d) Copies of bills for testing for paternity and for prenatal and postnatal health care
of the mother and child, furnished to the adverse party at least ten days before trial, are
admissible in evidence to prove the amount of the charges billed and that the charges
were reasonable, necessary and customary.
(e) Documentary evidence transmitted from another state to a tribunal of this state
by telephone, telecopier or other means that do not provide an original writing may not
be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under sections 46b-212 to 46b-213v, inclusive, the family support magistrate may permit a party or witness residing in another state to testify by
telephone or other electronic means, if available, and such costs for such testimony shall
be assessed to the party requesting such method of providing testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that
the testimony may be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.
(h) A privilege against disclosure of communications between spouses does not
apply in a proceeding under sections 46b-212 to 46b-213v, inclusive.
(i) The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under sections 46b-212 to 46b-213v, inclusive.
(June 18 Sp. Sess. P.A. 97-1, S. 29, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 30, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 31, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 32, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) The family support magistrate may issue a temporary child support order if:
(1) The respondent has signed a verified statement acknowledging paternity; (2) the
respondent has been determined by or pursuant to law to be the parent; or (3) there is
clear and convincing evidence of paternity which evidence shall include, but not be
limited to, genetic test results indicating a ninety-nine per cent or greater probability
that such respondent is the father of the child.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a
duty of support, the tribunal shall issue a support order directed to the obligor and may
issue other orders pursuant to section 46b-212q.
(June 18 Sp. Sess. P.A. 97-1, S. 33, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) Upon receipt of the documents, the Support Enforcement Division, 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 of the Superior Court
to be recorded in the registry of support orders of the Family Support Magistrate Division.
(June 18 Sp. Sess. P.A. 97-1, S. 34, 75; P.A. 99-193, S. 8, 16; P.A. 00-196, S. 28.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 99-193 made technical changes in Subsec. (b) and
deleted Subsec. (c), effective June 23, 1999; P.A. 00-196 made technical change in Subsec. (b).
(Return to TOC) (Return to Chapters) (Return to Titles)
(June 18 Sp. Sess. P.A. 97-1, S. 35, 75; P.A. 00-196, S. 29.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 00-196 made technical change.
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(b) On receipt of a request for registration, the Support Enforcement Division 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.
(June 18 Sp. Sess. P.A. 97-1, S. 36, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(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, a
tribunal of this state shall recognize and enforce, but may not modify, a registered order
if the issuing tribunal had jurisdiction.
(June 18 Sp. Sess. P.A. 97-1, S. 37, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) In a proceeding for arrearages, the statute of limitations under the laws of this
state or of the issuing state, whichever is longer, applies.
(June 18 Sp. Sess. P.A. 97-1, S. 38, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(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 acting on its behalf,
shall notify the obligor's employer pursuant to section 52-362.
(June 18 Sp. Sess. P.A. 97-1, S. 39, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) If the nonregistering party fails to contest the validity or enforcement of the
registered order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement
of the registered order, the Family Support Magistrate Division shall schedule the matter
for hearing and give notice to the parties by first class mail of the date, time and place
of the hearing.
(June 18 Sp. Sess. P.A. 97-1, S. 40, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) If a party presents evidence establishing a full or partial defense under subsection
(a) of this section, a tribunal may stay enforcement of the registered order, continue
the proceeding to permit production of additional relevant evidence and issue other
appropriate orders. An uncontested portion of the registered order may be enforced by
all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subsection (a) of this
section to the validity or enforcement of the order, the registering tribunal shall issue
an order confirming the order.
(June 18 Sp. Sess. P.A. 97-1, S. 41, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 42, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 43, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(June 18 Sp. Sess. P.A. 97-1, S. 44, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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(b) Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by the
Family Support Magistrate Division and the order may be enforced and satisfied in the
same manner.
(c) A family support magistrate may not modify any aspect of a child support order
that may not be modified under the law of the issuing state. If two or more tribunals
have issued child support orders for the same obligor and child, the order that controls
and shall be so recognized under section 46b-212j establishes the aspects of the support
order which are nonmodifiable.
(d) On issuance of an order modifying a child support order issued in another state,
the Family Support Magistrate Division becomes the tribunal of continuing exclusive
jurisdiction.
(e) (1) If all of the parties who are individuals reside in this state and the child does
not reside in the issuing state, the Family Support Magistrate Division has jurisdiction
to enforce and to modify the issuing state's child support order in a proceeding to register
that order.
(2) The Family Support Magistrate Division exercising jurisdiction under this subsection shall apply the provisions of sections 46b-212a to 46b-212l, inclusive, and sections 46b-213g to 46b-213r, inclusive, and the procedural and substantive law of this
state to the proceeding for enforcement or modification. Sections 46b-212m to 46b-
213f, inclusive, sections 46b-213s to 46b-213u, inclusive, and section 46b-213w shall
not apply to such proceeding.
(f) The family support magistrate shall order the party obtaining the modification
of a child support order to file, within thirty days after issuance of such modification
order, a certified copy of such order with each tribunal that issued or registered an earlier
order of child support. The failure to file such orders pursuant to this subsection shall
not affect the validity or enforceability of the controlling order.
(June 18 Sp. Sess. P.A. 97-1, S. 45, 75; P.A. 99-193, S. 9, 16.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 99-193 amended Subsec. (a) by adding reference
to applicability of Subsec. (e) and making a technical change, amended Subsec. (b) by deleting provision re orders issued
by two or more tribunals, added new Subsec. (e) re jurisdiction of the Family Support Magistrate Division where all parties
reside in this state and the child does not reside in the issuing state, and redesignated existing Subsec. (e) as Subsec. (f),
effective June 23, 1999.
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