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.
(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.
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.
(June 18 Sp. Sess. P.A. 97-1, S. 25, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
Sec. 46b-212y. Costs and fees. (a) The petitioner may not be required to pay a
filing fee or other costs.
(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.
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.
(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.
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.
(June 18 Sp. Sess. P.A. 97-1, S. 28, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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.
(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.
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.
(June 18 Sp. Sess. P.A. 97-1, S. 30, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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.
(June 18 Sp. Sess. P.A. 97-1, S. 31, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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.
(June 18 Sp. Sess. P.A. 97-1, S. 32, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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.
(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.
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 Support
Enforcement Services.
(b) Upon receipt of the documents, Support Enforcement 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 Support Enforcement Services 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; P.A. 01-91, S. 12.)
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); P.A. 01-91 changed "the
Support Enforcement Division" to "Support Enforcement Services" in Subsecs. (a) and (b).
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 Support Enforcement Services of the Superior Court.
(June 18 Sp. Sess. P.A. 97-1, S. 35, 75; P.A. 00-196, S. 29; P.A. 01-91, S. 13.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 00-196 made technical change; P.A. 01-91 changed
"the Support Enforcement Division" to "Support Enforcement Services".
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 Support Enforcement Services for filing
in the registry of support orders of the Family Support Magistrate Division: (1) A letter
of transmittal to Support Enforcement 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, Support Enforcement 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.
(June 18 Sp. Sess. P.A. 97-1, S. 36, 75; P.A. 01-91, S. 14.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 01-91 changed "the Support Enforcement Division"
to "Support Enforcement Services" in Subsecs. (a) and (b).
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 Support Enforcement 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, 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; P.A. 01-91, S. 15.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 01-91 changed "the Support Enforcement Division"
to "Support Enforcement Services" in Subsec. (a).
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.
(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.
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 Support Enforcement 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 Support Enforcement Services 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; P.A. 01-91, S. 16.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 01-91 changed "the Support Enforcement Division"
to "Support Enforcement Services" in Subsecs. (a) and (c).
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.
(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.
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.
(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.
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.
(June 18 Sp. Sess. P.A. 97-1, S. 42, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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.
(June 18 Sp. Sess. P.A. 97-1, S. 43, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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.
(June 18 Sp. Sess. P.A. 97-1, S. 44, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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.
(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.
In action to modify child support order originally decided by a Massachusetts court, Connecticut court had jurisdiction
to modify the order pursuant to Subsec. (a) and later had continuing exclusive jurisdiction pursuant to Subsec. (d) of section.
83 CA 398.
Sec. 46b-213r. Recognition of order modified in another state. The Family Support Magistrate Division or Superior Court shall recognize a modification of its earlier
child support order by a tribunal of another state which assumed jurisdiction pursuant
to a law substantially similar to sections 46b-212 to 46b-213v, inclusive, and, upon
request, except as otherwise provided in said sections, shall: (1) Enforce the order that
was modified only as to amounts accruing before the modification; (2) enforce only
nonmodifiable aspects of that order; (3) provide other appropriate relief only for violations of that order which occurred before the effective date of modification; and (4)
recognize the modifying order of the other state, upon registration, for the purpose of
enforcement.
(June 18 Sp. Sess. P.A. 97-1, S. 46, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
Sec. 46b-213s. Proceeding to determine paternity. (a) The Family Support Magistrate Division may serve as an initiating or responding tribunal in a proceeding brought
under sections 46b-212 to 46b-213v, inclusive, or a law substantially similar to said
sections, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform
Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a
particular child or to determine that a respondent is a parent of such child.
(b) In a proceeding to determine paternity, the Family Support Magistrate Division
shall apply the procedural and substantive law of this state and the rules of this state on
choice of law.
(June 18 Sp. Sess. P.A. 97-1, S. 47, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
Sec. 46b-213t. Surrender and extradition of individual criminally charged
with failure to provide support. (a) The Governor of this state may: (1) Demand that
the governor of another state surrender an individual found in the other state who is
charged criminally in this state with having failed to provide for the support of an obligee;
or (2) on the demand by the governor of another state, surrender an individual found in
this state who is charged criminally in the other state with having failed to provide for
the support of an obligee.
(b) A provision for extradition of individuals not inconsistent with sections 46b-212 to 46b-213v, inclusive, applies to the demand even if the individual whose surrender
is demanded was not in the demanding state when the crime was allegedly committed
and has not fled therefrom.
(June 18 Sp. Sess. P.A. 97-1, S. 48, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
Sec. 46b-213u. Conditions of rendition. (a) Before making a demand that the
governor of another state surrender an individual charged criminally in this state with
having failed to provide for the support of an obligee, the Governor of this state may
require a state's attorney or assistant state's attorney to demonstrate that at least sixty
days previously the obligee had initiated proceedings for support pursuant to sections
46b-212 to 46b-213v, inclusive, or that the proceeding would be of no avail.
(b) If, under sections 46b-212 to 46b-213v, inclusive, or a law substantially similar
to said sections, the Uniform Reciprocal Enforcement of Support Act or the Revised
Uniform Reciprocal Enforcement of Support Act, the governor of another state makes
a demand that the Governor of this state surrender an individual charged criminally in
that state with having failed to provide for the support of a child or other individual to
whom a duty of support is owed, the Governor may require a state's attorney or assistant
state's attorney to investigate the demand and report whether a proceeding for support
has been initiated or would be effective. If it appears that a proceeding would be effective,
but has not been initiated, the Governor may delay honoring the demand for a reasonable
time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition
is demanded prevails, the Governor may decline to honor the demand. If the petitioner
prevails and the individual whose rendition is demanded is subject to a support order,
the Governor may decline to honor the demand if the individual is complying with the
support order.
(June 18 Sp. Sess. P.A. 97-1, S. 49, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
Sec. 46b-213v. Uniformity of application and construction. Sections 46b-212
to 46b-213v, inclusive, shall be applied and construed to effectuate their general purpose
to make uniform the law with respect to the subject of said sections, among states enacting this uniform act.
(June 18 Sp. Sess. P.A. 97-1, S. 50, 75.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.
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. (a) An income withholding order issued in another state may be
sent to the person or entity defined as the obligor's employer under section 52-362
without first filing a petition or comparable pleading or registering the order in the
registry of support orders of the Family Support Magistrate Division.
(b) Upon receipt of an income withholding order issued in another state, the obligor's employer shall immediately provide to the obligor (1) a copy of the order and (2)
a copy of the notice and claim form provided by the Department of Social Services
pursuant to subsection (c) of this section.
(c) The Department of Social Services shall distribute to all employers in this state
a standard notice and claim form, written in clear and simple language, which shall
include:
(1) Notice that money will be withheld from the employee's wages for child support
and health insurance;
(2) Notice of the amount of disposable earnings that are exempt from the income
withholding order;
(3) Notice that the amount of the income withholding order may not exceed the
maximum permitted by federal law under Section 1673 of Title 15 of the United States
Code, together with a statement of the obligor's right to claim any other applicable state
or federal exemptions;
(4) Notice of the right to object to the validity or enforcement of such income withholding order in a court in this state and of the right to seek modification of the underlying
support order in the court of continuing exclusive jurisdiction;
(5) Notice of the right to seek the assistance of the Child Support Enforcement
Bureau of the Department of Social Services and the toll-free telephone number at which
the bureau can be contacted;
(6) A claim form which shall include (A) a list of the most common defenses and
exemptions to such income withholding order in a manner which allows the obligor to
check any of the defenses and exemptions which apply; (B) a space where the obligor
may briefly explain the obligor's claim or defense; (C) a space where the obligor may
initiate a request for services to modify the support order; (D) a space for the obligor
to provide the obligor's address and the name of the town in which the obligor principally
conducts the obligor's work for the employer; (E) a space for the obligor to sign the
obligor's name; (F) the address of the Bureau of Child Support Enforcement of the
Department of Social Services to which the claim form is to be sent in order to contest
the validity or enforcement of the income withholding order or to initiate a request for
modification; and (G) space for the employer to state the date upon which the form was
actually delivered to the obligor.
(d) The employer shall treat an income withholding order issued in another state
which appears valid if it had been issued by a tribunal of this state.
(e) Except as otherwise provided in subsections (f) and (g), the employer shall withhold and distribute the funds as directed in the withholding order by complying with
terms of the order which specify: (1) The duration and amount of periodic payments of
current child support, stated as a sum certain; (2) the person or agency designated to
receive payments and the address to which the payments are to be forwarded; (3) medical
support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available
through the obligor's employment, subject to the provisions of subsection (e) of section
38a-497a; (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as
sums certain.
(f) The employer shall comply with the law of this state for withholding from income
with respect to: (1) The prohibition against an employer's fee for processing an income
withholding order; (2) the maximum amount permitted to be withheld from the obligor's
income; and (3) the time period within which the employer must implement the withholding order and forward the child support payment.
(g) If an employer receives multiple income withholding orders with respect to the
earnings of the same obligor, the employer satisfies the terms of the multiple orders if
the employer complies with the law of this state to establish the priorities for withholding
and allocating income withheld for multiple child support obligees.
(h) An employer who complies with an income withholding order issued in another
state in accordance with this section shall be immune from civil liability with regard to
the employer's withholding of child support from the obligor's income.
(i) An employer who wilfully fails to comply with an income withholding order
issued by another state and received for enforcement is subject to the same penalties
that may be imposed for noncompliance with an order issued by a tribunal of this state.
(j) An obligor may contest the validity or enforcement of an income withholding
order issued in another state and received directly by an employer in this state in the
same manner as if the order had been issued by a tribunal of this state or by mailing to
the Bureau of Child Support Enforcement of the Department of Social Services the
claim form delivered to the obligor pursuant to subsection (b) of this section, signed by
the obligor and containing his address and a copy of the income withholding order. The
obligor shall also deliver a copy of such claim form to the employer. If a claim form
contesting the validity or enforcement of an income withholding order is received by
the employer within fourteen days of the receipt by the obligor of the notice and claim
form, imposition of the withholding order shall be stayed and the employer shall not
implement the withholding order for a period of thirty days. If the employer receives
from the Bureau of Child Support Enforcement a notice that it has received the claim
form, the employer shall not implement the withholding order until the claim is decided
by a family support magistrate.
(k) Upon receipt of a claim form contesting the validity or enforcement of an income
withholding order, the Bureau of Child Support Enforcement shall within seven days
notify the employer of the receipt of the claim form. The bureau shall also give notice
of the contest and of the fact that the order is stayed until the claim is decided by a family
support magistrate to (1) the support enforcement agency providing services to the obligee; (2) the obligor's employer; (3) the person or agency designated to receive payments
in the income withholding order; and (4) if the obligee's address is known, the obligee.
In addition, the bureau shall immediately cause the income withholding order to be
registered in this state with the appropriate clerk of the Family Support Magistrate Division and shall comply with the registration requirements of section 46b-213h. The bureau
shall also immediately file the claim form on behalf of the obligor with the Family
Support Magistrate Division of the Superior Court. The clerk shall promptly enter the
appearance of the obligor, schedule a hearing, and give notice of the hearing to the
obligor, the Bureau of Child Support Enforcement, the party initiating the income withholding order, and, if the obligee's address is known, the obligee. The clerk shall proceed
in accordance with subsection (d) of section 52-361. The family support magistrate shall
promptly hear and determine the claim and enter its determination within forty-five days
from the date of the filing of the claim form. In addition to any notice given by the clerk,
upon entry of the decision of the family support magistrate on the claim, the bureau
shall give notice of the decision to the employer, the party initiating the income withholding order, the obligor and, if the obligee's address is known, the obligee.
(l) If the claim form requests services to modify the support order, the Bureau of
Child Support Enforcement shall assist the obligor to file a motion for modification
with the appropriate tribunal of the state of continuing exclusive jurisdiction in accordance with the law of that jurisdiction. The receipt of the request for modification shall
constitute a request for Title IV-D services, but the bureau may require the making of
a formal application. Such assistance shall include, but is not limited to, providing the
obligor with information about how such a motion is filed, contacting the state of continuing exclusive jurisdiction on behalf of the obligor to obtain appropriate forms, and
transmitting such forms and applicable information to the appropriate tribunal in such
state.
(m) Venue for contested claims under this section shall be the family support magistrate division of the superior court in the judicial district in which the obligor resides,
provided (1) if the obligor does not reside in this state, venue shall be in the judicial
district in which the obligor principally conducts his work for the employer who is
subject to the income withholding order, and (2) if there is an existing action concerning
support of the child or children who are the subject of the income withholding order,
the claim shall be filed in that action.
(June 18 Sp. Sess. P.A. 97-1, S. 73, 75; P.A. 01-207, S. 8, 12.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 01-207 amended Subsec. (c)(2) to require department
to distribute notice of the amount of disposable earnings that are exempt from the income withholding order in lieu of
former notice that the first one hundred forty-five dollars per week of disposable earnings are exempt from such order and
amended Subsec. (c)(6) to make technical changes for purposes of ge