*See Sec. 17b-745 re court orders for support of persons supported by state and re wage executions.
See Sec. 17b-746 re appeals from support orders.
See Sec. 46b-215 re relatives' obligation to furnish support.
Secs. 46b-215 through 46b-219 cited. 178 C. 675, 683.
Sec. 46b-215 et seq. cited. 42 CS 562, 566.
Sec. 46b-215. (Formerly Sec. 17-320). Relatives obliged to furnish support,
when. Orders. (a)(1) The Superior Court or a family support magistrate shall have
authority to make and enforce orders for payment of support against any person who
neglects or refuses to furnish necessary support to such person's spouse or a child under
the age of eighteen or as otherwise provided in this subsection, according to such person's ability to furnish such support, notwithstanding the provisions of section 46b-37.
If such child is unmarried, a full-time high school student and residing with the custodial
parent, such support shall continue according to the parents' respective abilities, if such
child is in need of support, until such child completes the twelfth grade or attains the
age of nineteen, whichever first occurs.
(2) Any such support order in a IV-D support case shall include a provision for the
health care coverage of the child which provision may include an order for either parent
to name any child as a beneficiary of any medical or dental insurance or benefit plan
carried by such parent or available to such parent on a group basis through an employer or
a union. Any such employment-based order shall be enforced using a National Medical
Support Notice as provided in section 46b-88. If such insurance coverage is unavailable
at reasonable cost, the provision for health care coverage may include an order for either
parent to apply for and maintain coverage on behalf of the child under the HUSKY Plan,
Part B. The noncustodial parent shall be ordered to apply for the HUSKY Plan, Part B
only if such parent is found to have sufficient ability to pay the appropriate premium.
In any IV-D support case in which the noncustodial parent is found to have insufficient
ability to provide medical insurance coverage and the custodial party is the HUSKY
Plan, Part A or Part B applicant, the provision for health care coverage may include an
order for the noncustodial parent to pay such amount as is specified by the court or
family support magistrate to the state or the custodial party, as their interests may appear,
to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B. In
no event may such order include payment to offset the cost of any such premium if such
payment would reduce the amount of current support required under the child support
guidelines.
(3) Proceedings to obtain orders of support under this section shall be commenced
by the service on the liable person or persons of a verified petition with summons and
order, in a form prescribed by the Office of the Chief Court Administrator, of the husband
or wife, child or any relative or the conservator, guardian or support enforcement officer,
town or state, or any selectmen or the public official charged with the administration
of public assistance of the town, or in TANF support cases, as defined in subdivision
(14) of subsection (b) of section 46b-231, the Commissioner of Social Services. The
verified petition, summons and order shall be filed in the judicial district in which the
petitioner or respondent resides or does business, or if filed in the Family Support Magistrate Division, in the judicial district in which the petitioner or respondent resides or
does business.
(4) For purposes of this section, the term "child" shall include one born out of
wedlock whose father has acknowledged in writing paternity of such child or has been
adjudged the father by a court of competent jurisdiction, or a child who was born before
marriage whose parents afterwards intermarry.
(5) Said court or family support magistrate shall also have authority to make and
enforce orders directed to the conservator or guardian of any person, or payee of Social
Security or other benefits to which such person is entitled, to the extent of the income
or estate held by such fiduciary or payee in any such capacity.
(6) Said court or family support magistrate shall also have authority to determine,
order and enforce payment of any sums due under a written agreement to support against
the person liable for such support under such agreement.
(7) (A) Said court or family support magistrate shall also have authority to determine, order and enforce payment of any support due because of neglect or refusal to
furnish support prior to the action.
(B) In the determination of support due based on neglect or refusal to furnish support
prior to the action, the support due for periods of time prior to the action shall be based
upon the obligor's ability to pay during such prior periods, as determined in accordance
with the child support and arrearage guidelines established under section 46b-215a. The
state shall disclose to the court any information in its possession concerning current and
past ability to pay. If no information is available to the court concerning past ability to
pay, the court may determine the support due for periods of time prior to the action as
if past ability to pay is equal to current ability to pay, if current ability is known. If
current ability to pay is not known, the court shall determine the past ability to pay based
on the obligor's work history, if known, or if not known, on the state minimum wage
that was in effect during such periods, provided only actual earnings shall be used to
determine ability to pay for past periods during which the obligor was a full-time high
school student or was incarcerated, institutionalized or incapacitated.
(C) Any finding of support due for periods of time prior to an action in which the
obligor failed to appear shall be entered subject to adjustment. Such adjustment may be
made upon motion of any party, and the state in IV-D cases shall make such motion if
it obtains information that would have substantially affected the court's determination
of past ability to pay if such information had been available to the court. Motion for
adjustment under this subparagraph may be made not later than twelve months date
from the date upon which the obligor receives notification of (i) the amount of such
finding of support due for periods of time prior to the action, and (ii) the right not later
than twelve months from the date of receipt of such notification to present evidence as
to such obligor's past ability to pay support for such periods of time prior to the action.
A copy of any support order entered, subject to adjustment, shall state in plain language
the basis for the court's determination of past support, the right to request an adjustment
and to present information concerning the obligor's past ability to pay, and the consequences of a failure to request such adjustment.
(8) (A) The judge or family support magistrate shall cause a summons, signed by
such judge or magistrate, by the clerk of said court or Family Support Magistrate Division, or by a commissioner of the Superior Court to be issued requiring such liable
person or persons to appear in court or before a family support magistrate, at a time and
place as determined by the clerk but not more than ninety days after the issuance of the
summons. Service may be made by a state marshal, any proper officer or any investigator
employed by the Department of Social Services or by the Commissioner of Administrative Services. The state marshal, proper officer or investigator shall make due return of
process to the court not less than twenty-one days before the date assigned for hearing.
Upon proof of the service of the summons to appear in court or before a family support
magistrate at the time and place named for hearing upon such petition, the failure of the
defendant or defendants to appear shall not prohibit the court or family support magistrate from going forward with the hearing. If the summons and order is signed by a
commissioner of the Superior Court, upon proof of service of the summons to appear
in court or before a family support magistrate and upon the failure of the defendant to
appear at the time and place named for hearing upon the petition, request may be made
by the petitioner to the court or family support magistrate for an order that a capias
mittimus be issued.
(B) In the case of a person supported wholly or in part by a town, the welfare authority of the town shall notify the responsible relatives of such person of the amount of
assistance given, the beginning date thereof and the amount of support expected from
each of them, if any, and if any such relative does not contribute in such expected amount,
the superior court for the judicial district in which such town is located or a family
support magistrate sitting in the judicial district in which such town is located may order
such relative or relatives to contribute to such support, from the time of the beginning
date of expense shown on the notice, such sum as said court or family support magistrate
deems reasonably within each such relative's ability to support such person.
(C) The court, or any judge thereof, or family support magistrate when said court
or family support magistrate is not sitting, may require the defendant or defendants to
become bound, with sufficient surety, to the state, town or person bringing the complaint,
to abide such judgment as may be rendered on such complaint. Failure of the defendant
or defendants to obey any order made under this section, may be punished as contempt
of court and the costs of commitment of any person imprisoned therefor shall be paid
by the state as in criminal cases. Except as otherwise provided, upon proof of the service
of the summons to appear in court or before a family support magistrate at the time and
place named for a hearing upon the failure of the defendant or defendants to obey such
court order or order of the family support magistrate, the court or family support magistrate may order a capias mittimus be issued, and directed to some proper officer to arrest
such defendant or defendants and bring such defendant or defendants before the Superior
Court for the contempt hearing. When any person is found in contempt under this section,
the court or family support magistrate may award to the petitioner a reasonable attorney's
fee and the fees of the officer serving the contempt citation, such sums to be paid by
the person found in contempt.
(9) In addition to or in lieu of such contempt proceedings, the court or family support
magistrate, upon a finding that any person has failed to obey any order made under this
section, may: (A) Order a plan for payment of any past-due support owing under such
order, or, in IV-D cases, if such obligor is not incapacitated, order such obligor to participate in work activities which may include, but shall not be limited to, job search, training,
work experience and participation in the job training and retraining program established
by the Labor Commissioner pursuant to section 31-3t; (B) suspend any professional,
occupational, recreational, commercial driver's or motor vehicle operator's license as
provided in subsections (b) to (e), inclusive, of section 46b-220, provided such failure
was without good cause; (C) issue an income withholding order against such amount
of any debt accruing by reason of personal services as provided by sections 52-362, 52-362b and 52-362c; and (D) order executions against any real, personal, or other property
of such person which cannot be categorized solely as either, for payment of accrued
and unpaid amounts due under such order.
(10) No entry fee, judgment fee or any other court fee shall be charged by the court
or the family support magistrate to either party in proceedings under this section.
(11) Any written agreement to support which is filed with the court or the Family
Support Magistrate Division shall have the effect of an order of the court or a family
support magistrate.
(b) The Attorney General of the state of Connecticut and the attorney representing
a town, shall become a party for the interest of the state of Connecticut and such town,
in any proceedings for support which concerns any person who is receiving or has
received public assistance or care from the state or any town. The Attorney General
shall represent the IV-D agency in non-TANF IV-D support cases if the IV-D agency
determines that such representation is required pursuant to guidelines issued by the
Commissioner of Social Services.
(c) The court or a family support magistrate shall direct all payments on orders of
support in IV-D cases to be made to the state acting by and through the IV-D agency.
(d) No order for support made by the court or a family support magistrate shall be
stayed by an appeal but such order shall continue in effect until a determination is made
thereon upon such appeal; if however as a result of such appeal or further hearing, the
amount of such order is reduced or vacated, such defendant shall be credited or reimbursed accordingly.
(e) Any court or family support magistrate, called upon to enforce a support order,
shall insure that such order is reasonable in light of the obligor's ability to pay. Any
support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion
of the party seeking such modification upon a showing of a substantial change in the
circumstances of either party or upon a showing that such support order substantially
deviates from the child support guidelines established pursuant to section 46b-215a,
unless there was a specific finding on the record that the application of the guidelines
would be inequitable or inappropriate, provided the court or family support magistrate
finds that the obligor or the obligee and any other interested party have received actual
notice of the pendency of such motion and of the time and place of the hearing on such
motion. There shall be a rebuttable presumption that any deviation of less than fifteen
per cent from the child support guidelines is not substantial and any deviation of fifteen
per cent or more from the guidelines is substantial. Modification may be made of such
support order without regard to whether the order was issued before, on or after May
9, 1991. No such support orders may be subject to retroactive modification, except that
the court or family support magistrate may order modification with respect to any period
during which there is a pending motion for a modification of an existing support order
from the date of service of the notice of such pending motion upon the opposing party
pursuant to section 52-50. In any hearing to modify any support order from another
jurisdiction the court or the family support magistrate shall conduct the proceedings in
accordance with the procedure set forth in sections 46b-213o to 46b-213q, inclusive.
(f) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section
46b-231, a copy of any support order established or modified pursuant to this section
or, in the case of a motion for modification of an existing support order, a notice of
determination that there should be no change in the amount of the support order, shall
be provided to each party and the state case registry within fourteen days after issuance
of such order or determination.
(1949 Rev., S. 2610; 1951, 1955, S. 1444d; September, 1957, P.A. 11, S. 20; 1959, P.A. 34; 1961, P.A. 307; 1967, P.A.
746, S. 4; 1972, P.A. 127, S. 29; P.A. 74-183, S. 216, 291; P.A. 75-103; P.A. 76-334, S. 10, 12; 76-436, S. 185, 681; P.A.
77-452, S. 9, 72; 77-594, S. 3, 7; 77-614, S. 70, 608, 610; P.A. 83-295, S. 14; P.A. 84-159, S. 4; P.A. 86-359, S. 33, 44;
P.A. 87-316, S. 10; 87-589, S. 31, 87; P.A. 89-195, S. 3; P.A. 90-188, S. 5; 90-213, S. 32, 56; P.A. 91-76, S. 5, 7; 91-391,
S. 6; P.A. 93-187, S. 4; 93-262, S. 72, 87; 93-396, S. 18; P.A. 95-310, S. 2, 9; June 18 Sp. Sess. P.A. 97-1, S. 65, 75; June
18 Sp. Sess. P.A. 97-2, S. 107, 165; June 18 Sp. Sess. P.A. 97-7, S. 25, 38; P.A. 99-279, S. 31, 45; P.A. 00-99, S. 95, 154;
May 9 Sp. Sess. P.A. 02-7, S. 44; P.A. 03-258, S. 3; P.A. 04-100, S. 4.)
History: 1959 act provided support by relatives be joint and several, deleted provision for bringing complaint to court
of common pleas, substituting proceedings by petition, added order for payment may be altered or set aside and provision
for contempt; 1961 act substituted circuit for common pleas court, added last section re its jurisdictional limits, added
summons and order to petition needed for proceedings and authorized welfare authority of supporting towns to undertake
proceedings for support; 1967 act limited relatives responsible to parents of children under twenty-one and children of
parents under sixty-five; 1972 act referred to persons under eighteen rather than under twenty-one, reflecting changed age
of majority; P.A. 74-183 replaced circuit court with court of common pleas and references to circuits and districts with
references to geographical areas, effective December 31, 1974; P.A. 75-103 authorized selectmen or public officials charged
with administration of public assistance to make petition; P.A. 76-334 rephrased provision re court's power to make and
enforce orders for support, authorized child, guardian or family relations officer to make petition, added provisions defining
"child" and expanding court's powers re orders to conservator, guardian, payees of benefits and re enforcement of payments,
authorized service of process by officers or investigators of social services department or finance and control commissioner,
authorized court to make orders of execution against property, etc., added provisions re fees and re written agreements to
support as court order and added Subsecs. (b) to (d); P.A. 76-436 replaced court of common pleas with superior court and
deleted provision re inapplicability of limits of common pleas court, effective July 1, 1978; P.A. 77-452 made technical
correction; P.A. 77-594 added provisions stating that upon proof of service of summons defendant's failure to appear does
not prevent court from going forward with hearing and that such proof allows court to order issuance of capias mittimus,
arrest of defendants and contempt hearing; P.A. 77-614 replaced commissioner of finance and control with commissioner
of administrative services and, effective January 1, 1979, replaced department of social services with department of income
maintenance; Sec. 17-320 transferred to Sec. 46b-215 in 1979 and reference to Sec. 46-10 revised to reflect its transfer;
P.A. 83-295 amended Subsec. (a) by replacing "family relations officer" with "family relations caseworker or support
enforcement officer" and amended Subsec. (c) by replacing "family relations office" with "family services unit or support
enforcement services unit"; P.A. 84-159 amended Subsec. (a) by removing the authority of the court to make and enforce
orders against children for the payment of support for their parents who are under sixty-five years of age; P.A. 86-359
added references to family support magistrate and family support magistrate division, changed "judges of the superior
court" to "chief court administrator" with respect to approval of form in Subsec. (a), changed "geographical area" to
"judicial district" and amended Subsec. (b) by adding provision that attorney general shall represent IV-D agency in non-AFDC cases if IV-D agency determines representation is required under guidelines issued by commissioner of human
resources and custodial parent does not exceed income limits; P.A. 87-316 added "department of human resources or" in
Subsec. (a) and revised section, adding Subsec. (e) re enforcement and modification of support orders; P.A. 87-589 made
technical changes in Subsec. (e); P.A. 89-195 amended Subsec. (b) by deleting the limitation on income and assets of
custodial parent; P.A. 90-188 amended Subsec. (e) by adding provision permitting modification of child support orders
upon showing of substantial change of circumstances or substantial deviation from child support guidelines established
under P.A. 89-203 unless inequitable or inappropriate, and prohibiting retroactive modification of order of periodic payment
or permanent alimony or support, except during period of pending motion for modification; P.A. 90-213 deleted provision
in Subsec. (a) relating to the family relations worker and added provision concerning the commissioner of human resources
and in Subsec. (c) changed the name of the family division to the support enforcement division; P.A. 91-76 amended
Subsec. (e) by adding provision re rebuttable presumption that deviation of less than fifteen per cent from child support
guidelines is not substantial and any deviation of more than fifteen per cent is substantial and permitting modification of
support order without regard to whether order issued before on or after May 9, 1991; P.A. 91-391 amended Subsec. (a)
by adding provision that determination of support due shall be based upon obligor's ability to pay during such prior periods,
requiring state to disclose to court information re current and past ability to pay, and if no information is available on orders
entered on or after October 1, 1991, such order shall be subject to adjustment when information becomes available to court
upon motion of any party within four months of notification of amount of such order and right to present evidence of past
ability to pay; P.A. 93-187 made technical changes to Subsec. (a) re commencement of proceedings, summons and order,
service of process and wage withholding orders; P.A. 93-262 replaced references to commissioners and departments of
human resources and income maintenance with commissioner and department of social services, effective July 1, 1993; P.A.
93-396 made a technical change in Subsec. (a); P.A. 95-310 amended Subsec. (a) to authorize suspension of occupational or
motor vehicle operators license for failure to obey support order without good cause, effective January 1, 1996; June 18
Sp. Sess. P.A. 97-1 made technical change to Subsec. (e) by replacing reference to Sec. 46b-197 with reference to Secs.
46b-213o to 46b-213q, inclusive, effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 replaced references to "AFDC"
with references to "TANF" in Subsecs. (a) and (b), effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec.
(a) to require support order in IV-D support case to include provision for health care coverage of child and to add provision
re order of plan for payment of past-due support and, in IV-D cases, reorder to obligor to participate in work activities,
amended Subsec. (c) to require court or magistrate to direct all payments on orders of support in IV-D cases to be made
to the state acting by and through the IV-D agency and added Subsec. (f) re copy of support order to parties and state case
registry, effective July 1, 1997; P.A. 99-279 amended Subsec. (a) by dividing it into eleven Subdivs. and Subparas. as
necessary, making technical changes and adding in Subdiv. (2) provisions re health care coverage under HUSKY Plan
where coverage is unavailable at reasonable cost through a parent, effective July 1, 1999; P.A. 00-99 replaced references
in Subsec. (a)(8) to sheriff with state marshal, effective December 1, 2000; May 9 Sp. Sess. P.A. 02-7 amended Subsec.
(a)(2) by adding provision re enforcement of employment-based order using a National Medical Support Notice; P.A. 03-258 amended Subsec. (a)(7)(B) by providing that child support due for periods prior to commencement of an action shall
be "determined in accordance with the child support and arrearage guidelines established under Sec. 46b-215a", deleting
provision re child support determination being based on assistance rendered to the child, providing that where current
ability to pay support is not known, court shall determine past ability to pay support based on obligor's work history, or
if not known, on state's minimum wage in effect during periods and that only actual earnings may be used to determine
support for past periods during which obligor was a full-time high school student, incarcerated, institutionalized or incapacitated, and making technical changes, and amended Subsec. (a)(7)(C) by providing that support findings made for periods
of time prior to an action where obligor failed to appear are subject to adjustment, providing that in IV-D cases, state shall
make motion for adjustment if it obtains information that would have substantially affected court's determination of past
ability to pay, changing time parameters for making motion for adjustment from within four to not later than twelve months
from date of receipt of notification, providing that support orders subject to adjustment shall state in plain language the
court's basis for making determination of past support, the right to request an adjustment and present information re past
ability to pay, and consequences of failure to request adjustment, and making technical changes; P.A. 04-100 amended
Subsec. (a)(1) and (2) by adding provision re continuation of support for unmarried, full-time high school student residing
with custodial parent and making conforming changes.
See Sec. 46b-88 re National Medical Support Notice.
See Sec. 46b-219 re child's freedom from responsibility to support a deserting parent.
See Sec. 51-348a re prosecution for nonsupport.
See Sec. 53-304 re procedures when support not provided and penalties for failure to provide support.
Annotations to former section 17-320:
Relatives by affinity not liable. K. 155; 1 R. 250; 3 C. 553. Relatives not liable for past expenses. 3 C. 553; 7 C. 57; 32
C. 142. Action at common law does not lie against relatives. 1 R. 60; 3 C. 507. Not responsible to a town in which the
pauper has no settlement. 3 C. 553. If supplies are furnished parent at request of children, they are liable in assumpsit. 32
C. 142. Not necessary for town to exhaust the remedies provided by this statute before taking a parent or pauper into
custody under section 17-276. 35 C. 538. A wife whose husband neglects to support her may bring an action against him
for contribution towards her maintenance. 72 C. 157. Nature of remedy; costs; 73 C. 607; "neglect to provide" is condition
precedent to action. 78 C. 650; 124 C. 522. Place of support. 73 C. 607; 82 C. 611. Measure of support. 78 C. 650; 82 C.
611; 103 C. 6; 124 C. 524; 127 C. 506. When state should be a party plaintiff. 103 C. 6. A minor may properly be made a
defendant and judgment rendered against him. Id., 3. A proceeding under this statute is entirely different from a criminal
prosecution for nonsupport. 91 C. 10. Application to question of dependency of mother on minor son under workmen's
compensation act. 105 C. 420. Although this statute may have no extraterritorial effect when neither party is resident of
state, equitable relief allowed where property of defendant was subject to the jurisdiction. 111 C. 124. Held not necessary
to meet precise terms of statute in equitable action for support, nor was husband's duty limited by his income or to the
amount public authorities required by statute to provide. 114 C. 575; 127 C. 503. Cited in connection with medical payment
under workmen's compensation act. 117 C. 282. Statute applies only to those whom it would be duty of town to support
if not furnished by relatives. 123 C. 338. "Neglect to provide" imports more than a mere omission; it imports an omission
accompanied by some kind of culpability. 124 C. 518; 128 C. 192. Mere ownership of property by relatives does not
necessarily mean they are "able to provide" support. 128 C. 193. If working at gainful occupation might shorten life span,
one is not precluded from seeking support. 134 C. 58. Mere failure on husband's part to provide wife with support is not
controlling on question of his liability; the test being the legal justification of his refusal. 144 C. 21. Action against father
of supervising relative for needs of such relative. 145 C. 458. Imposition of obligation to support adult does not empower
person so obligated to determine place where support shall be furnished. 152 C. 55. State policy has long been when a
person is unable to support himself, support be provided for him by members of his family and is now expressed in this
statute and section 17-324. 156 C. 199. Once a child reaches eighteen, parents no longer have a legal duty to support the
child. 168 C. 144. Cited. 175 C. 527, 533.
Demurrer in support action on ground that cause not brought where plaintiff resides, overruled where no indication
that plaintiff wife relied on statute. 6 CS 87. The purpose of the statute is to protect the public purse; and therefore, since
no township is concerned with the support of a nonresident, the right of a nonresident to sue his relatives disappears. 7 CS
60. Married woman, living apart from her husband, may voluntarily for sufficient consideration relinquish her right to
maintain an action for support. 14 CS 64; id., 123. Essentially an equitable proceeding; plaintiff not entitled to jury trial.
Id., 482. One who has a pecuniary interest which may be injuriously affected by the decree is an aggrieved person within
the statute. 15 CS 177. Existence of other remedies not ground for denying relief in an equitable action for support. 16 CS
68. In an action for support, obligation of defendant husband is limited to what he can afford to pay. Id., 465. Restrictions
in will against widow of testator providing for support of their son void as against public policy. 19 CS 93. Cited. 31 CS
271, 278. Wife may sue for husband's medical expenses for which she is liable. 32 CS 156. Cited. 33 CS 44, 48. Cited.
34 CS 284, 286.
Cited. 6 Conn. Cir. Ct. 688.
Annotations to present section:
Cited. 196 C. 403, 407, 408. Cited. 216 C. 85, 96. Cited. 219 C. 28. Cited. 222 C. 699, 701, 717. Cited. 231 C. 1, 23.
Cited as P.A. 95-310, S. 2. 234 C. 194, 210. Cited. 236 C. 582, 594.
Cited. 2 CA 251, 255. Cited. Id., 270, 273. Cited. 9 CA 327, 328. Cited. 26 CA 174, 177. Cited. 31 CA 214, 221.
A condition precedent to granting an order for payment of support under statute is the neglect or refusal to furnish
necessary support to the minor child by the parents. 39 CS 35, 37. Cited. 40 CS 6, 8, 9. Cited. Id., 349, 350, 353, 354.
Subsec. (a):
Cited. 219 C. 28, 34. Cited. 235 C. 82, 88.
Cited. 31 CA 761, 766.
Cited. 39 CS 35, 36. Cited. 40 CS 349, 352. Court has continuing power to enforce premajority support orders when
child has reached age of majority. 45 CS 169.
Subsec. (d):
Cited. 191 C. 468, 480.
Subsec. (e):
Cited. 25 CA 563, 565. P.A. 90-188, cited. Id. Cited. 26 CA 737, 748.
Sec. 46b-215a. Commission for Child Support Guidelines. Duties. Members.
The Commission for Child Support Guidelines is established to review the child support
guidelines promulgated pursuant to section 8 of public act 85-548*, to establish criteria
for the establishment of guidelines to ensure the appropriateness of child support awards
and to issue updated guidelines not later than October 1, 1993, and every four years
thereafter. Not later than January 1, 1992, the commission shall also establish criteria
and promulgate guidelines to ensure that such orders of payment on any arrearage and
past due support shall be based on the obligor's ability to pay. Such guidelines shall
also ensure the appropriateness of periodic payments of arrearages when the obligor (1)
is the child's legal guardian and resides with the child or (2) is not the child's legal
guardian but has resided with the child either for at least six months immediately preceding the order of payment of arrearage or for at least six months of the twelve months
immediately preceding such order. In such cases, the commission shall consider exemptions similar to those in the uniform contribution scale adopted pursuant to section 4a-12. Updated arrearage guidelines shall be issued at the same time as the child support
guidelines. The commission shall consist of eleven members as follows: The Chief Court
Administrator or his designee, the Commissioner of Social Services or his designee, the
Attorney General or his designee, the chairpersons and ranking members of the joint
standing committee on judiciary or their designees and a representative of the Connecticut Bar Association, a representative of legal services, a person who represents the
financial concerns of child support obligors and a representative of the Permanent Commission on the Status of Women, all of whom shall be appointed by the Governor. The
chairperson of the commission shall be elected by the members of the commission.
(P.A. 89-203, S. 1, 3; P.A. 91-391, S. 7; P.A. 92-253, S. 1; P.A. 93-262, S. 1, 87; 93-329, S. 5.)
*Note: Section 8 of public 85-548 is special in nature and therefore has not been codified but remains in full force and
effect according to its terms.
History: P.A. 91-391 amended section to require commission to establish and promulgate guidelines to ensure orders
of payment on arrearage and past due support are based on obligor's ability to pay and specified situations when guidelines
shall ensure appropriateness of payments on arrearage; P.A. 92-253 changed deadline for initial issuance of updated
guidelines from January 1, 1991, to January 1, 1993; P.A. 93-262 authorized substitution of commissioner and department
of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-329 changed date
for updated guidelines from not later than January 1, 1993, to not later than October 1, 1993.
Cited. 219 C. 703, 718. Cited. 222 C. 699, 711, 712. P.A. 89-203 cited. Id. Cited. 231 C. 1, 26. Cited. 236 C. 582, 593.
As to regulations issued re child support guidelines, trial court properly included in defendant's gross income contributions
made by his domestic partner toward his living expenses when it determined his child support obligation under such
guidelines. 244 C. 350. Re parent whose sole income is federal Supplemental Security Income (SSI) and state supplementation, guidelines expressly exclude such income from determination of child support and the "best interest of the child"
deviation criterion is not applicable and cannot be used to require child support payments from such parent. 255 C. 617.
Cited. 25 CA 555, 560-562. P.A. 89-203 cited. Id. Cited. Id., 563-565. P.A. 89-203 cited. Id. Cited. Id., 693, 697.
Cited. 28 CA 632, 635-637. Cited. 29 CA 436, 439. Cited. 37 CA 856, 859. As to regulations issued re child support
guidelines, trial court properly imposed a deviation on basis of the extraordinary reduction in plaintiff's living expenses.
83 CA 398.
Cited. 43 CS 400, 404.
Sec. 46b-215b. Guidelines to be used in determination of amount of support
and payment on arrearages and past due support. (a) The child support and arrearage
guidelines promulgated pursuant to section 8 of public act 85-548* and any updated
guidelines issued pursuant to section 46b-215a shall be considered in all determinations
of child support amounts and payment on arrearages and past due support within the
state. In all such determinations, there shall be a rebuttable presumption that the amount
of such awards which resulted from the application of such guidelines is the amount of
support or payment on any arrearage or past due support to be ordered. A specific finding
on the record that the application of the guidelines would be inequitable or inappropriate
in a particular case, as determined under criteria established by the Commission for
Child Support Guidelines under section 46b-215a, shall be required in order to rebut
the presumption in such case.
(b) In any determination pursuant to subsection (a) of this section, when a party has
been determined by the Social Security Administration, or a state agency authorized to
award disability benefits, to qualify for disability benefits under the federal Supplemental Security Income Program, the Social Security disability program, the state supplement to the federal Supplemental Security Income Program, or the state-administered
general assistance program, parental earning capacity shall not be a basis for deviating
from the presumptive support amount that results from the application of the child support guidelines to such party's income.
(c) In any proceeding for the establishment or modification of a child support award,
the child support guidelines shall be considered in addition to and not in lieu of the
criteria for such awards established in sections 46b-84, 46b-86, 46b-130, 46b-171, 46b-172, 46b-215, 17b-179 and 17b-745.
(P.A. 89-203, S. 2, 3; P.A. 91-391, S. 8; June 18 Sp. Sess. P.A. 97-1, S. 66, 75; P.A. 03-130, S. 1; P.A. 04-76, S. 39.)
*Note: Section 8 of public act 85-548 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 91-391 added "and payment on arrearage and past due support"; June 18 Sp. Sess. P.A. 97-1 made a
technical change, effective January 1, 1998; P.A. 03-130 amended Subsec. (a) by replacing "sufficient to rebut" with
"required in order to rebut" and making technical changes, added new Subsec. (b) re determination of party's qualification
for disability benefits and redesignated existing Subsec. (b) as Subsec. (c); P.A. 04-76 amended Subsec. (b) by deleting
reference to the "general assistance program".
Cited. 218 C. 467, 469, 470, 472. Cited. 219 C. 703, 712. Cited. 222 C. 699, 700, 705, 712. P.A. 89-203, Secs. 2, 3
cited. Id. Cited. 231 C. 1, 28. Cited. 236 C. 582, 594.
Cited. 25 CA 563-565. P.A. 89-203 cited. Id. Cited. Id., 595, 597. Cited. 26 CA 617, 625. Cited. 27 CA 724, 727. Cited.
29 CA 368, 369. Cited. Id., 436, 437, 439. Cited. 31 CA 761. Cited. 37 CA 856, 859. Cited. 39 CA 258, 264. Cited 40 CA
570, 572. Determination of child support arrearage payments must be made in accordance with child support and arrearage
guidelines. 70 CA 212. Defendant's failure to file worksheet pursuant to child support guidelines precludes claim that
court did not adhere to such guidelines. 79 CA 783.
Subsec. (a):
Cited. 222 C. 699, 713. Cited. 231 C. 1, 25, 26.
Cited. 25 CA 555, 561, 562. Sec. 2 of P.A. 89-203(a) cited. Id. Cited. Id., 693, 697, 698. Cited. 27 CA 724, 727. Cited.
28 CA 208, 219, 220. Cited. Id., 632, 637. Cited. 31 CA 761, 766, 767. Cited. 41 CA 163, 165. Cited. 45 CA 737. Court
not required to make specific finding on the record that application of child support guidelines would be inequitable or
inappropriate when it rendered dissolution decree incorporating the agreement of the parties. 56 CA 459. Trial court's
failure to make specific findings on the record concerning the presumptively correct child support guideline arrearage
figure and reasons why such figure was inequitable or inappropriate constituted reversible error. 67 CA 527.
Subsec. (b):
Cited. 218 C. 467, 471.
Cited. 25 CA 555, 562.
Sec. 46b-215c. Guidelines to be approved by legislative regulation review committee. (a) Notwithstanding the provisions of sections 46b-215 and 46b-215b, updated
child support guidelines issued by the Commission for Child Support Guidelines pursuant to section 46b-215a shall be submitted by the commission to the standing legislative
regulation review committee and adopted as regulations in accordance with the provisions of chapter 54.
(b) Nothing in this section shall affect the validity of a child support order issued
pursuant to any guidelines promulgated pursuant to section 46b-215a prior to the approval of any such guidelines pursuant to the provisions of this section.
(P.A. 91-209, S. 1, 2; P.A. 92-253, S. 2.)
History: P.A. 92-253 changed "no" to "updated", deleted phrase "after January 1, 1991", after "guidelines" inserted
"pursuant to section 46b-215" and changed "approved" to "adopted as regulations".
Sec. 46b-215d. Certain earnings not considered income for purposes of guidelines. Notwithstanding the child support guidelines established pursuant to section 46b-215a, in cases in which an obligor is an hourly wage earner and has worked less than
forty-five hours per week at the time of the establishment of the support order, any
additional income earned from working more than forty-five hours per week shall not
be considered income for purposes of such guidelines.
(P.A. 99-193, S. 3, 16; 99-279, S. 32, 45.)
History: P.A. 99-193 effective June 23, 1999; P.A. 99-279 eliminated the phrase "only the earnings of the obligor for
the first forty-five hours per week shall be included for the purposes of such guidelines" and substituted in lieu thereof "in
cases in which an obligor is an hourly wage earner and has worked less then forty-five hours per week at the time of the
establishment of the support order, any additional income earned from working more than forty-five hours per week shall
not be considered income for purposes of such guidelines", effective June 29, 1999.