You asked for a summary of state child support enforcement laws; specifically how someone can collect child support arrearages from an obligor (non-custodial parent ordered to pay support) who moves out of state.

SUMMARY

The state uses a wide array of techniques to collect child support. These include income withholding orders, federal and state income tax refund intercept, credit bureau reporting, property liens, lottery offset, seizure and attachment of other assets and benefits, passport denials license suspensions, contempt citations, and wanted posters.

Several state agencies are involved in the collection of child support. The Department of Social Services' (DSS) Bureau of Child Support Enforcement (BCSE) is the lead child support agency in the state. It oversees and administers the Child Support Program in accordance with state and federal law. Among other things, it is responsible for coordinating child support services; locating obligors; and administrative enforcement activities like seizure of financial assets, passport denial, the collection of employment information, credit reporting, lottery offset, and state and federal tax offset. The Judicial Department's Support Enforcement Services (SES) Division is mainly responsible for court-

based enforcement, including contempt citations, placing income-withholding orders with new employers, and establishing and enforcing orders when the custodial parent resides outside of the state and the obligor lives in Connecticut.

Superior court judges or family support magistrates can enforce child support orders, even against obligors who move out of state. The judge or magistrate maintains jurisdiction over the out of state obligor if (1) he is personally served with process (notice of the proceedings) in this state, (2) he submits to jurisdiction in this state, (3) he resided with the child here at some time, (4) he resided here at some time and provided prenatal expenses or support for the child, (5) the child resides here because of the obligor's acts or directions, (6) the child may have been conceived here, or (7) there are other legal reasons for the exercise of personal jurisdiction. In many situations, direct income withholding can also be used to enforce a Connecticut support order against an out-of-state obligor. If his place of employment is known, the income withholding order can be placed without assistance from his state of residence. If it is unknown, a two-state action can be filed.

A judge or magistrate in this state can lose the exclusive right to enforce child support orders against out-of-state obligors if the orders are legally modified in another state. In such cases, the judge or magistrate can (1) enforce the modified order as to amounts owed before the modification, (2) enforce the non-modified aspects of the order, or (3) provide other appropriate pre-modification relief.

In Connecticut, superior court judges or family support magistrates decide the parent responsible for child support and the amount when the couple cannot agree. In an action to dissolve the marriage (legal separation or divorce), they assess the ability of non-custodial parents to support their minor children, using statutory child support guidelines. Support may continue until the children reach age 19 if they are still attending secondary school. In cases where the first order is issued on or after October 1, 2002, judges and family court magistrates may order parents to pay tuition and fees for their children enrolled in accredited post-secondary schools for up to four full academic years and until age 23. Judges and family support magistrates must include in their support orders a provision for the child's health care coverage and require either parent to name the child as a beneficiary of any group or union medical or dental insurance plan available to the parent.

CHILD SUPPORT ENFORCEMENT

Finding Non-Custodial Parents

The BCSE must provide enforcement services to any parent that comes to its office, fills out an application, and pays any applicable fee (recipients of Temporary Family Assistance (TFA) do not pay a fee). After this occurs, the first step BCSE takes is to locate the obligor. Child support investigators search a number of information sources, including state and national computer banks, Internal Revenue Service, Social Security Administration, Department of Defense, state motor vehicles, labor department, and law enforcement agencies' records. The more information the client can provide about the obligor' the easier it is for the BCSE to find the person. The best information is the non-custodial parent's social security number.

Custodial parents can also use other means, including hiring private investigators to locate obligors.

Enforcement Options

Custodial parents can use a can use a variety of general civil enforcement remedies to enforce child support order once obligors are located, including income withholding, lien placement, credit agency reporting, lottery offset, income tax refund withholding, and capias mittimus (civil arrest). Parents who need help with enforcement can contact SES or a private attorney.

Income Withholding. Child support payments can be taken directly out of paychecks, unemployment and workers' compensation benefits, and most retirement checks. Judges or family support magistrates must include an income withholding order when the support order is entered or modified. According to Diane Fray, BCSE's executive director, that agency notifies employers to immediately begin the withholding if an order does not contain a provision for income withholding. The obligor is notified of his right to contest the withholding at a court hearing. The income withholding is effective immediately unless the court specifically finds that doing so is not in the child's best interest (CGS § 52-362).

Income Tax Refund Intercept. If the obligor owes back support (at least $ 150 in TFA cases and $ 500 in non-TFA cases), the BCSE must report the person to the federal Internal Revenue Service and DSS, through the Department of Administrative Services, must report him to the state Department of Revenue Services and have support deducted

from the person's tax refund. The obligor has a right to a fair hearing, through DSS, to show cause why he should not be reported for tax offset (CGS § 52-362e).

Credit Bureau Reporting. If an obligor falls at least $ 1,000 behind in his or her support obligation, the BCSE must report the name and debt to credit reporting agencies. Such reports can make it more difficult for the person to obtain loans or other credit. The obligor must be informed of this step and given 60 days to ask for a hearing or pay the overdue child support (CGS § 52-362d).

Liens. If an obligor owes at least $ 500 in back child support, the BCSE can place a lien on his or her personal or real property, usually by filing a notice in city or town land records. Normally, the state can collect on the lien when the obligor sells or refinances the property or another creditor forecloses. The obligor must be given notice and an opportunity to contest the lien (CGS § 52-362d).

Lottery Offset. If an obligor wins the state lottery, the BCSE can ask the Division of Special Revenue to withhold winnings. The obligor must be given notice and an opportunity for a hearing on this action (CGS § 52-367c).

Attachment, Seizure of Assets and Benefits, and Work Requirement. The state can seize a delinquent obligor's assets and benefits. A court or family support magistrate can order a capable person owing support to work or participate in job training or other employment activities (CGS § 46b-84).

Passport Denials. States must notify the federal Office of Child Support Enforcement (OCSE) when an obligor has more than a $ 5,000 child support arrearage. Once notified, OCSE must certify the arrearage to the Department of State, which must deny the obligor's application for a passport (42 USCA 652).

License Suspensions. The state can suspend driver's, professional, occupational, and certain recreational licenses of people who are more than 90 days delinquent in child support or who fail to provide court-ordered medical insurance (CGS § 46b-220). The licenses subject to suspension are motor vehicle operator's licenses; commercial driver's licenses; Department of Environmental Protection recreational licenses; and various professional and occupational licenses, certifications, and permits. The latter affect, among others, medical practitioners,

counselors and therapists, pharmacists, psychologists, embalmers and funeral directors, barbers and hairdressers, real estate agents, architects and designers, sanitarians, tradesmen (such as plumbers and electricians), auctioneers, junk dealers, itinerant vendors, and pawnbrokers.

Contempt Citation and Capias Mittimus. If the obligor falls more than 30 days behind in support payments or fails to maintain medical insurance, a judge or magistrate can find him in contempt. The parent must be served with the court papers, and if found guilty of purposefully disobeying the court's orders, he or she can be sent to jail. If the person fails to obey the service and appear for the hearing, the magistrate can order his arrest with a capias mittimus.

The state Supreme Court has held that contempt proceedings invoke the inherent power of the court to enforce its orders (Stover v. Stover, 163 Conn. 345 (1971)). In order to find contempt, the court must determine that the obligor failed to comply with an order despite the capability to comply (Turgeon v. Turgeon, 190 Conn. 269 (1983)). The burden of proving that the failure to comply was not willful rests with the party asserting it (Friedly v. Friedly, 174 Conn. 279 (1978)).

Wanted Posters. The attorney general's office publishes wanted posters for people with an outstanding capias order and with significant arrearages. The latest poster was distributed on the Internet; to post offices, grocery stores, and police departments in this state; and through child support authorities nationwide on July 29, 2002.

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