CHAPTER 816*
SUPPORT

      *Cited. 199 C. 287.

      Remarriage and election to stay unemployed to keep house, an arrangement with new wife, deemed to constitute a substantial change from situation existing at time of dissolution decree. 36 CS 601. Sec. 46b-180 et seq. cited. 42 CS 562. Uniform Reciprocal Enforcement of Support Act Sec. 46b-180 et seq. cited. 44 CS 169.


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 of support order by Family Support Magistrate Division.
Sec. 46b-212j. Recognition of controlling child support orders.
Sec. 46b-212k. Child support orders for two or more obligees.
Sec. 46b-212l. Credit for support payments.
Sec. 46b-212m. Applicable law. Initiating a proceeding.
Sec. 46b-212n. Action by minor parent.
Sec. 46b-212o. Applicability of state law.
Sec. 46b-212p. Duties of the initiating tribunal. Duties of the family support magistrate.
Sec. 46b-212q. Duties and powers of responding tribunal. Duties of family support magistrate.
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, disbursement and redirection 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. Enforcement and 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 in application and construction of the Uniform Interstate Family Support Act.
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. Attorney General and attorney for town as parties. 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-215e. Initial or modified support order where child support obligor is institutionalized or incarcerated.
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.
Sec. 46b-224. Effect of court order changing or transferring guardianship or custody of child on preexisting support order.
Secs. 46b-225 to 46b-230.
Sec. 46b-231. Definitions. Family Support Magistrate Division. Family support magistrates; appointment, salaries, powers and duties. Orders. Appeal. Attorney General; duties re actions for support. Department of Social Services; powers.
Sec. 46b-232. Alteration or setting aside of support order by family support magistrate, when.
Sec. 46b-232a. Authority of family support magistrates re order for obligor's participation in program and suspension of or election not to impose support order. Reports.
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.

PART I
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.

      (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
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-187. (Formerly Sec. 17-334). Payment of petitioner's representatives. Section 46b-187 is repealed.

      (1951, S. 1401b; 1953, S. 3245d; P.A. 76-436, S. 373, 681; P.A. 86-359, S. 43, 44.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

      (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
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-207. (Formerly Sec. 17-354). Support services. The court is authorized to establish and maintain Support Enforcement Services and such offices thereof as it determines are necessary for the proper handling of the administrative details incident to proceedings under sections 46b-212 to 46b-213v, inclusive, 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.

      (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; P.A. 01-91, S. 6.)

      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; P.A. 01-91 changed "a Support Enforcement Division" to "Support Enforcement Services" and made a conforming change.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-208. (Formerly Sec. 17-354a). Powers of support service investigators. The support service investigators of Support Enforcement Services of the Superior Court shall, while acting within the scope of their duties as such, pursuant to matters under sections 46b-212 to 46b-213v, inclusive, have the powers of service and of execution of summons and orders for withholding, and the conduct of investigations.

      (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; P.A. 01-91, S. 7.)

      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; P.A. 01-91 changed "the Support Enforcement Division" to "Support Enforcement Services".

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

      (1949, S. 1403b; 1953, S. 3265d; 1961, P.A. 475, S. 5; June 18 Sp. Sess. P.A. 97-1, S. 74, 75.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

      (1961, P.A. 475, S. 6.)

      History: Sec. 17-355b transferred to Sec. 46b-211 in 1979.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

PART Ia
UNIFORM INTERSTATE FAMILY SUPPORT ACT

      Sec. 46b-212. Short title: Uniform Interstate Family Support Act. Sections 46b-212 to 46b-213w, inclusive, may be cited as the Uniform Interstate Family Support Act.

      (June 18 Sp. Sess. P.A. 97-1, S. 1, 75; P.A. 07-247, S. 14.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 replaced reference to Sec. 46b-213v with reference to Sec. 46b-213w, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212a. Definitions. As used in sections 46b-212 to 46b-213w, inclusive:

      (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 46b-213w, 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 or in which a proceeding is filed for forwarding to a responding state under sections 46b-212 to 46b-213w, inclusive, or a law or procedure substantially similar to said sections.

      (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 that 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) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

      (16) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      (17) "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 Support Enforcement Services of the Superior Court which shall maintain the registry on behalf of the Family Support Magistrate Division.

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

      (19) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under sections 46b-212 to 46b-213w, inclusive, or a law or procedure substantially similar to said sections.

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

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

      (22) "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. "State" includes: (A) An Indian tribe, and (B) a foreign country or political subdivision that: (i) Has been declared to be a foreign reciprocating country or political subdivision under federal law; (ii) has established a reciprocal arrangement for child support with this state; or (iii) 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-213w, inclusive.

      (23) "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; (D) the location of obligors or their assets; or (E) determination of the controlling child support order.

      (24) "Support order" means a judgment, decree, order or directive whether temporary, final or subject to modification, issued by a tribunal 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.

      (25) "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; P.A. 01-91, S. 8; P.A. 03-19, S. 109; P.A. 07-247, 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 Subdiv. (15); P.A. 03-19 made a technical change in Subdiv. (4), effective May 12, 2003; P.A. 07-247 defined "person" and "record", replaced references to Sec. 46b-213v with references to 46b-213w, deleted references to "the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act", redefined "initiating state" to include a state "in which a proceeding is filed for forwarding in a responding state", redefined "responding state" to include a state to which a proceeding is forwarded for filing "from an initiating state", redefined "state" by changing foreign jurisdiction to foreign country or political subdivision, redefined "support enforcement agency" to include "determination of the controlling child support order" as a prescribed duty, redefined "support order" to insert "or directive" and "issued by a tribunal" and made technical changes, effective January 1, 2008.

      Subdiv. (21):

      Support enforcement services constitute a support enforcement agency. 286 C. 291.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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-213w, inclusive, provided clerical, administrative and other nonjudicial functions in proceedings before the Family Support Magistrate Division may be performed by Support Enforcement Services of the Superior Court.

      (June 18 Sp. Sess. P.A. 97-1, S. 3, 75; P.A. 01-91, S. 9; P.A. 07-247, 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"; P.A. 07-247 replaced reference to Sec. 46b-213v with reference to Sec. 46b-213w, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212c. Remedies cumulative. (a) Remedies provided by sections 46b-212 to 46b-213w, inclusive, are cumulative and do not affect the availability of remedies under any other law, including the recognition of a support order of a foreign country or political subdivision on the basis of comity.

      (b) Sections 46b-212 to 46b-213w, inclusive, do not: (1) Provide the exclusive method of establishing or enforcing a support order under the laws of this state; or (2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under sections 46b-212 to 46b-213w, inclusive.

      (June 18 Sp. Sess. P.A. 97-1, S. 4, 75; P.A. 07-247, S. 17.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 designated existing language as Subsec. (a) and amended same to replace reference to Sec. 46b-213v with reference to Sec. 46b-213w and specify that remedies available under any other law include "the recognition of a support order of a foreign country or political subdivision on the basis of comity", and added Subsec. (b) specifying that Secs. 46b-212 to 46b-213w do not provide exclusive method of establishing or enforcing a support order under the laws of this state, or grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212d. Jurisdiction over nonresident. (a) Subject to the provisions of subsection (b) of section 46b-46, in a proceeding to establish or enforce 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 in a record, 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.

      (b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a child support order of another state unless the requirements of section 46b-213q or subsection (b) of section 46b-213r are met.

      (c) Personal jurisdiction acquired by the Family Support Magistrate Division in a proceeding under sections 46b-212 to 46b-213w, inclusive, or other law of this state relating to a support order continues as long as the Family Support Magistrate Division has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections 46b-212h and 46b-212i.

      (June 18 Sp. Sess. P.A. 97-1, S. 5, 75; P.A. 07-247, S. 18.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 designated existing provisions as Subsec. (a) and amended same to delete reference to "modify" a support order and insert "in a record", added Subsec. (b) specifying that tribunal may not modify a child support order of another state unless requirements of certain statutory provisions are met, and added Subsec. (c) re duration of time that Family Support Magistrate Division may continue to exercise personal jurisdiction, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212e. Procedure when exercising jurisdiction over nonresident. The Family Support Magistrate Division exercising personal jurisdiction over a nonresident in a proceeding under sections 46b-212 to 46b-213w, inclusive, under other law of this state relating to a support order, or recognizing a support order of a foreign country or political subdivision on the basis of comity may receive evidence from another state pursuant to section 46b-213a, communicate with a tribunal of another state pursuant to section 46b-213b, and obtain discovery through a tribunal of another state pursuant to section 46b-213c. 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.

      (June 18 Sp. Sess. P.A. 97-1, S. 6, 75; P.A. 07-247, S. 19.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 made changes identifying statutory provisions that govern procedures utilized by Family Support Magistrate Division when exercising personal jurisdiction over a nonresident in a support proceeding, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212f. Family Support Magistrate Division as initiating and responding tribunal. Under sections 46b-212 to 46b-213w, 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.

      (June 18 Sp. Sess. P.A. 97-1, S. 7, 75; P.A. 07-247, S. 20.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 replaced reference to Sec. 46b-213v with reference to Sec. 46b-213w, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

      (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.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 that has issued a support order consistent with the law of this state has and shall exercise continuing exclusive jurisdiction to modify its child support order if such order is the controlling support order and: (1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or (2) if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the Family Support Magistrate Division or the Superior Court may continue to exercise jurisdiction to modify its order.

      (b) The Family Support Magistrate Division or the Superior Court that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

      (1) All of the parties who are individuals file consent in a record with the Family Support Magistrate Division or the Superior Court that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

      (2) Its order is not the controlling order.

      (c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to said act, which modifies a child support order of the Family Support Magistrate Division or Superior Court, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

      (d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

      (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) (1) The Family Support Magistrate Division or Superior Court issuing a spousal support order consistent with the law of this state has continuing exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (2) 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. (3) The Family Support Magistrate Division or Superior Court that has continuing exclusive jurisdiction over a spousal support order may serve as: (A) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (B) a responding tribunal to enforce or modify its own spousal support order.

      (June 18 Sp. Sess. P.A. 97-1, S. 9, 75; P.A. 07-247, S. 21.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) re conditions for Family Support Magistrate Division or Superior Court to exercise continuing exclusive jurisdiction to modify child support order, amended Subsec. (b) re circumstances under which Family Support Magistrate Division or Superior Court may not exercise continuing exclusive jurisdiction to modify child support order, deleted former Subsec. (c), redesignated existing Subsec. (d) as Subsec. (c) and amended same to provide that Family Support Magistrate Division or Superior Court shall recognize continuing, exclusive jurisdiction of tribunal of another state that has issued a child support order pursuant to Uniform Interstate Family Support Act or a substantially similar law, added new Subsec. (d) re authority of tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order to serve as initiating tribunal, and amended Subsec. (f) by adding Subpara. designators (1) to (3) and specifying in Subsec. (f)(3) that Family Support Magistrate Division or Superior Court exercising continuing exclusive jurisdiction may serve as initiating or responding tribunal, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212i. Enforcement of support order by Family Support Magistrate Division. (a) The Family Support Magistrate Division that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or (2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of another state is the controlling order.

      (b) The Family Support Magistrate Division having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

      (June 18 Sp. Sess. P.A. 97-1, S. 10, 75; P.A. 07-247, S. 22.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by identifying circumstances when Family Support Magistrate Division that has issued a child support order consistent with the law of this state may serve as initiating tribunal, amended Subsec. (b) by deleting "exclusive" re jurisdiction and "modify" re Family Support Magistrate Division's authority over orders when acting as responding tribunal and by deleting provision re evidentiary procedures, and deleted former Subsec. (c) re circumstances when Family Support Magistrate Division may not serve as responding tribunal, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212j. Recognition of controlling child support orders. (a) If a proceeding is brought under sections 46b-212 to 46b-213w, inclusive, and only one tribunal has issued a child support order, the order of that tribunal controls and shall be recognized.

      (b) If a proceeding is brought under sections 46b-212 to 46b-213w, 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 having personal jurisdiction over both the obligor and the individual obligee shall apply the following rules and by order shall determine which order controls:

      (1) If only one of the tribunals would have continuing, exclusive jurisdiction under sections 46b-212 to 46b-213w, 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-213w, inclusive: (A) An order issued by a tribunal in the current home state of the child controls; but, (B) if an order has not been issued in the current home state of the child, the order most recently issued controls.

      (3) If none of the tribunals would have continuing, exclusive jurisdiction under sections 46b-212 to 46b-213w, inclusive, the family support magistrate shall issue a child support order, which controls.

      (c) If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or a support enforcement agency, a family support magistrate having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b) of this section.

      (d) A request to determine which is the controlling order shall be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

      (e) The tribunal that issued the controlling order under subsection (a), (b) or (c) of this section has continuing jurisdiction to the extent provided in section 46b-212h or 46b-212i.

      (f) The family support magistrate that determines by order which is the controlling order under subdivision (1) or (2) of subsection (b) or subsection (c) of this section or that issues a new controlling order under subdivision (3) of subsection (b) of this section, shall state in the order: (1) The basis upon which the tribunal made its determination; (2) the amount of prospective support, if any; and (3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by section 46b-212l.

      (g) The family support magistrate shall order the party obtaining the order determining which is the controlling order to file, within thirty days after issuance of the order determining which is the controlling order, a certified copy of such order with each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file such order pursuant to this subsection shall not affect the validity or enforceability of the controlling order.

      (h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section shall be recognized in proceedings under sections 46b-212 to 46b-213w, inclusive.

      (June 18 Sp. Sess. P.A. 97-1, S. 11, 75; P.A. 07-247, S. 23; P.A. 09-8, S. 12.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsecs. (a) and (b) by replacing references to Sec. 46b-213v with references to Sec. 46b-213w, amended Subsec. (b) by providing that in proceeding to determine controlling support order, family support magistrate shall have personal jurisdiction over both obligor and individual obligee and shall by order determine which order controls, and by deleting provisions re recognition of controlling support orders, amended Subsec. (c) by specifying that if two or more support orders have been issued for same obligor and same child, upon request of a party who is an individual or a support enforcement agency, family support magistrate having personal jurisdiction over both obligor and obligee shall determine which order controls, added new Subsec. (d) re documents that must accompany request to determine a controlling support order and notice requirements, redesignated existing Subsec. (d) as Subsec. (e) and amended same by specifying that tribunal issuing controlling order has continuing jurisdiction to the extent provided in Sec. 46b-212h or 46b-212i, redesignated existing Subsec. (e) as Subsec. (f) and amended same by prescribing requirements that family support magistrate must follow when making a determination as to controlling order or issuing new controlling order, redesignated existing Subsec. (f) as Subsec. (g) and amended same by specifying that a party or support enforcement agency that fails to file a certified copy of controlling support order is subject to sanctions by tribunal in which failure to file arises, added new Subsec. (h) re recognition of orders determined to be controlling order or judgment for consolidated arrears of support and interest, and made technical changes, effective January 1, 2008; P.A. 09-8 made a technical change in Subsec. (f).

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212k. Child support orders for two or more obligees. In responding to 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 orders had been issued by the Family Support Magistrate Division.

      (June 18 Sp. Sess. P.A. 97-1, S. 12, 75; P.A. 07-247, S. 24.)

      History: June Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 deleted references to "multiple" re registrations, petitions and orders, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212l. Credit for support payments. The Family Support Magistrate Division shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this or another state.

      (June 18 Sp. Sess. P.A. 97-1, S. 13, 75; P.A. 07-247, S. 25.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 restructured existing provisions and required Family Support Magistrate Division to credit amounts collected against amounts owed for "support of the same child", effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212m. Applicable law. Initiating a proceeding. (a) Except as otherwise provided in sections 46b-212 to 46b-213w, inclusive, sections 46b-212m to 46b-213d, inclusive, apply to all proceedings under sections 46b-212 to 46b-213w, inclusive.

      (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under sections 46b-212 to 46b-213w, 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; P.A. 07-247, S. 26.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by replacing references to Sec. 46b-213v with references to Sec. 46b-213w, deleted former Subsec. (b) re subject matters associated with various statutory provisions, redesignated existing Subsec. (c) as Subsec. (b) and amended same by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w and replacing "commence" with "initiate", effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

      (June 18 Sp. Sess. P.A. 97-1, S. 15, 75.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212o. Applicability of state law. Except as otherwise provided in sections 46b-212 to 46b-213w, inclusive, a responding tribunal of this state shall: (1) Apply the procedural and substantive 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) determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

      (June 18 Sp. Sess. P.A. 97-1, S. 16, 75; P.A. 07-247, S. 27.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 replaced reference to Sec. 46b-213v with reference to Sec. 46b-213w, deleted "including the rules on choice of law" and made technical changes, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212p. Duties of the initiating tribunal. Duties of the family support magistrate. (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-213w, inclusive, an initiating tribunal of this state shall forward 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 petition and its accompanying documents to the interstate central registry in the responding state.

      (b) If requested by the responding tribunal, the family support magistrate shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign country or political subdivision, upon request, the family support magistrate shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding state.

      (June 18 Sp. Sess. P.A. 97-1, S. 17, 75; P.A. 07-247, S. 28; P.A. 09-8, S. 13.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w and deleting "three copies of", and amended Subsec. (b) by replacing "a responding state has not enacted a law or procedure substantially similar to sections 46b-212 to 46b-213v, inclusive" with "requested by the responding tribunal", replacing "may" with "shall" re performance of certain duties by family support magistrate if requested by responding tribunal, replacing "jurisdiction" with "country or political subdivision", and replacing "may" with "shall" re family support magistrate specifying amount of support sought, converting same into equivalent amount in foreign currency and providing documents necessary to satisfy requirements of responding state, effective January 1, 2008; P.A. 09-8 made a technical change in Subsec. (b).

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212q. Duties and powers of responding tribunal. Duties of family support magistrate. (a) When the Family Support Magistrate Division receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (b) of section 46b-212m, the Family Support Magistrate Division, or Support Enforcement Services acting on its behalf shall promptly cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

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

      (c) The family support magistrate shall include in a support order issued under sections 46b-212 to 46b-213w, inclusive, or in the documents accompanying the order, the calculations on which the support order is based.

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

      (e) If the Family Support Magistrate Division issues an order under sections 46b-212 to 46b-213w, inclusive, the Family Support Magistrate Division, or Support Enforcement Services acting on its behalf, shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

      (f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, the Family Support Magistrate Division, or Support Enforcement Services acting on its behalf, shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

      (June 18 Sp. Sess. P.A. 97-1, S. 18, 75; P.A. 01-91, S. 10; P.A. 07-247, S. 29.)

      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 (d); P.A. 07-247 amended Subsec. (a) by changing "subsection (c)" to "subsection (b)" and deleting "by first class mail", added new Subsec. (c) requiring family support magistrate to include in documents accompanying a support order the calculations on which order is based, redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), amended same by replacing references to Sec. 46b-213v with references to Sec. 46b-213w, amended redesignated Subsec. (e) by deleting "by first class mail" and added Subsec. (f) re conversion of amount of support order stated in a foreign currency to equivalent amount in dollars, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 where and when the pleading was sent.

      (June 18 Sp. Sess. P.A. 97-1, S. 19, 75; P.A. 07-247, S. 30.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 deleted "by first class mail" re method of notice to petitioner, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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-213w, inclusive.

      (b) A support enforcement agency of this state that is providing services to the petitioner 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 notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner; (5) within five days, exclusive of Saturdays, Sundays and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

      (c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or modification of such order shall make reasonable efforts: (1) To ensure that the order to be registered is the controlling order; or (2) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

      (d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

      (e) A support enforcement agency of this state shall issue, or request a family support magistrate to issue, a child support order and an income withholding order that redirect payment of current support, arrears and interest if requested to do so by a support enforcement agency of another state pursuant to section 46b-213d.

      (f) The provisions of sections 46b-212 to 46b-213w, 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; P.A. 07-247, S. 31.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w, amended Subsec. (b) by deleting "a written" and "by first class mail", adding "of this state" and "in a record" and deleting "as appropriate", added new Subsecs. (c) and (d) re responsibilities of support enforcement agency of this state that requests registration and enforcement of a support order, added new Subsec. (e) re responsibilities of support enforcement agency of this state that is asked to redirect payment of current support by support enforcement agency of another state, redesignated existing Subsec. (c) as Subsec. (f) and replaced reference to Sec. 46b-213v with reference to Sec. 46b-213w therein, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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-213w, inclusive.

      (b) An individual may employ private counsel to represent the individual in proceedings authorized by sections 46b-212 to 46b-213w, inclusive.

      (c) The Attorney General may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with this state and take appropriate action to notify the support enforcement agency of this state, the Family Support Magistrate Division, and such other entity as the Attorney General deems appropriate, of the determination.

      (June 18 Sp. Sess. P.A. 97-1, S. 21, 75; P.A. 07-247, S. 32.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsecs. (a) and (b) by replacing references to Sec. 46b-213v with references to Sec. 46b-213w, and added Subsec. (c) re Attorney General's determination that foreign country or political subdivision has established reciprocal arrangement for child support, effective January 1, 2008.

      Subsec. (a):

      State has statutory authority to provide legal services to support enforcement services. 286 C. 291.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

      (June 18 Sp. Sess. P.A. 97-1, S. 22, 75.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212v. Duties of state information agency. (a) Support Enforcement Services of the Superior Court is the state information agency under sections 46b-212 to 46b-213w, inclusive.

      (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-213w, 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 the names and addresses of tribunals and support enforcement agencies received from other states; (3) forward to the appropriate tribunal in this state in which the obligee who is an individual 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-213w, 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 Support Enforcement Services of the Superior Court shall maintain a registry of support orders and judgments in the Family Support Magistrate Division of the Superior Court and shall perform such clerical, administrative and other nonjudicial functions on behalf of the Family Support Magistrate Division as may be required, or as are otherwise agreed upon, pursuant to sections 46b-62, 46b-69, 46b-179a, 46b-179b, 46b-207, 46b-208, 46b-212 to 46b-213w, inclusive, 46b-231, 52-362 and 52-362f.

      (June 18 Sp. Sess. P.A. 97-1, S. 23, 75; P.A. 01-91, S. 11; P.A. 07-247, S. 33.)

      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); P.A. 07-247 replaced references to Sec. 46b-213v with references to Sec. 46b-213w, amended Subsec. (b)(2) by providing that registry shall include "the names and addresses of" tribunals, and amended Subsec. (b)(3) by deleting "in the place" and replacing "individual obligee" with "obligee who is an individual", effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212w. Pleadings and accompanying documents. (a) In a proceeding under sections 46b-212 to 46b-213w, inclusive, a petitioner seeking to: Establish a support order, determine paternity, or register and modify a support order of another state must file a petition. Unless otherwise ordered under section 46b-212x, the petition or accompanying documents shall provide, so far as known, the name, residential address and Social Security numbers of the obligor and the obligee, or the parent and alleged parent, and the name, sex, residential address, Social Security number and date of birth of each child for whose benefit support is sought or whose paternity is to be determined. Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

      (b) The petition shall 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; P.A. 07-247, S. 34.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by changing "verify" to "file" re petitioner's responsibility re petition, adding that petitioner who seeks to "register and modify support order of another state must file" petition, requiring that petition include information re the "parent or alleged parent" of each child for "whose benefit support is sought or whose paternity is to be determined", deleting requirement that certified copy of any support order in effect accompany petition and requiring that petition be accompanied by a copy of any support order "known to have been issued by another tribunal", and made technical changes in Subsecs. (a) and (b), effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212x. Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, such identifying information shall be sealed and may not be disclosed to the other party or the public unless ordered by a tribunal. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of any information that the tribunal determines to be in the interest of justice.

      (June 18 Sp. Sess. P.A. 97-1, S. 25, 75; P.A. 07-247, S. 35.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 replaced existing section with provisions requiring that if party alleges in affidavit or pleading, under oath, that the welfare of a party or child would be jeopardized by disclosure of specific identifying information, the information shall be sealed and not disclosed unless subsequently ordered to be disclosed by a tribunal, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-212z. Limited immunity of petitioner. (a) Participation by a petitioner in a proceeding under sections 46b-212 to 46b-213w, inclusive, 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-213w, 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-213w, inclusive, committed by a party while physically present in this state to participate in the proceeding.

      (June 18 Sp. Sess. P.A. 97-1, S. 27, 75; P.A. 07-247, S. 36.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by adding "under sections 46b-212 to 46b-213w, inclusive,", amended Subsecs. (b) and (c) by replacing references to Sec. 46b-213v with references to Sec. 46b-213w, and amended Subsec. (c) by adding "physically" re present in state, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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-213w, inclusive.

      (June 18 Sp. Sess. P.A. 97-1, S. 28, 75; P.A. 07-247, S. 37.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 replaced reference to Sec. 46b-213v with reference to Sec. 46b-212w, effective January 1, 2008 (Revisor's note: The new reference to Sec. 46b-212w was changed editorially by the Revisors to "46b-213w", for accuracy and consistency).

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213a. Special rules of evidence and procedure. (a) The physical presence of a nonresident party who is an individual in a 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) An affidavit, a document substantially complying with federally-mandated forms or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury 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 record 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-213w, inclusive, the family support magistrate shall permit a party or witness residing in another state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or 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-213w, 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-213w, inclusive.

      (j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish paternity of the child.

      (June 18 Sp. Sess. P.A. 97-1, S. 29, 75; P.A. 07-247, S. 38.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by replacing "the petitioner" with "a nonresident party who is an individual" and deleting "responding", amended Subsec. (b) by deleting "A verified petition", changing "and" to "or" re documents incorporated by reference, replacing "oath" with "penalty of perjury" and making technical changes, amended Subsec. (e) by replacing "writing" with "record", amended Subsec. (f) by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w, changing "may" to "shall" re family support magistrate permitting party or witness residing in another state to testify by telephone, adding that such persons may also be deposed or testify, under penalty of perjury, by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state, deleting provision re persons testifying, "if available", and assessing costs for testimony against party requesting the testimony, and adding provision requiring tribunal in this state to cooperate with tribunals of other states in designating appropriate locations for depositions or testimony, amended Subsecs. (h) and (i) by replacing references to Sec. 46b-213v with references to Sec. 46b-213w, and added new Subsec. (j) re certified copy of voluntary acknowledgment of paternity admissible to establish paternity of a child, effective January 1, 2008 (Revisor's note: In Subsec. (f), a reference to "under penalty or perjury" was changed editorially by the Revisors to "under penalty of perjury", for accuracy and consistency).

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213b. Communication between tribunals. A family support magistrate may communicate with a tribunal of another state or foreign country or political subdivision in a record, or by telephone or other means, to obtain information concerning the laws, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding in the other state or foreign country or political subdivision. A family support magistrate may furnish similar information by similar means to a tribunal of another state or foreign country or political subdivision.

      (June 18 Sp. Sess. P.A. 97-1, S. 30, 75; P.A. 07-247, S. 39.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 added "or foreign country or political subdivision", replaced "writing" with "a record", and made a technical change, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213d. Receipt, disbursement and redirection of support payments. (a) 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.

      (b) If neither the obligor, nor an obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency or tribunal of this state shall: (1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and (2) issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.

      (c) The support enforcement agency of this state, receiving redirected payments from another state pursuant to a law similar to subsection (b) of this section, shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

      (June 18 Sp. Sess. P.A. 97-1, S. 32, 75; P.A. 07-247, S. 40.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re redirection of support payments collected in this state when the obligor, obligee and child no longer reside in this state and support payments redirected to this state by another state, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213e. Issuance of support order. (a) If a support order entitled to recognition under sections 46b-212 to 46b-213w, 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 the family support magistrate determines that such an order is appropriate and the individual ordered to pay is: (1) A presumed father of the child; (2) petitioning to have paternity adjudicated; (3) identified as the father of the child through genetic testing; (4) an alleged father who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be the father of the child; (6) an acknowledged father as provided by section 46b-172; (7) the mother of the child; or (8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

      (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; P.A. 07-247, S. 41.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w, and amended Subsec. (b) by adding "the family support magistrate determines that such an order is appropriate and the individual ordered to pay is" re issuance of temporary child support order, by deleting former Subdivs. (1) to (3) and adding new Subdivs. (1) to (8) specifying individuals who may be ordered to pay temporary child support, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213f. Administrative enforcement of orders. (a) A party or support enforcement agency 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; P.A. 07-247, S. 42.)

      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); P.A. 07-247 amended Subsec. (a) by adding "or support enforcement agency", effective January 1, 2008.

      Support enforcement services have statutory authority to assist defendant in seeking enforcement of support order. 286 C. 291.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213g. Registration of order for enforcement. A support order or 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; P.A. 07-247, S. 43.)

      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"; P.A. 07-247 made a technical change, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 records 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 the order to be registered, including any modification of the order; (3) a sworn statement by the person requesting 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) except as otherwise provided in section 46b-212x, the name and address of the obligee and, if applicable, the 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.

      (d) If two or more orders are in effect, the person requesting registration shall: (1) Furnish to Support Enforcement Services a copy of every support order asserted to be in effect in addition to the documents specified in this section; (2) specify the order alleged to be the controlling order, if any; and (3) specify the amount of consolidated arrears, if any.

      (e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

      (June 18 Sp. Sess. P.A. 97-1, S. 36, 75; P.A. 01-91, S. 14; P.A. 07-247, S. 44.)

      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); P.A. 07-247 amended Subsec. (a) by changing "documents" to "records" and, in Subdiv. (2), changing "all orders" to "the order" and making a technical change, by changing "party seeking" to "person requesting" in Subdiv. (3) and by adding "except as otherwise provided in section 46b-212x" and deleting "agency or" in Subdiv. (5), added Subsec. (d) re registration of support orders when two or more orders are in effect and added Subsec. (e) re determination of controlling support order, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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).

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213j. Choice of law. (a) Except as provided in subsection (d) of this section, the law of the issuing state governs: (1) The nature, extent, amount and duration of current payments under a registered support order; (2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) the existence and satisfaction of other obligations under the support order.

      (b) In a proceeding for arrears under a registered support order, the statute of limitations of this state or of the issuing state, whichever is longer, applies.

      (c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state registered in this state.

      (d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state issuing the controlling order, including its law on interest, arrears, current and future support, and on consolidated arrears.

      (June 18 Sp. Sess. P.A. 97-1, S. 38, 75; P.A. 07-247, S. 45.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by adding Subdivs. (1) to (3) re subject matter governed by law of issuing state and specifying "except as provided in subsection (d) of this section" re items governed by that law, amended Subsec. (b) by changing "arrearages" to "arrears under a registered support order" and deleting "under the laws", added Subsec. (c) re responding tribunal of this state applying procedures and remedies of this state when enforcing support order of another state registered in this state, and added Subsec. (d) re applicable law once determination has been made as to controlling order, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

      (b) A notice shall 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 not later than twenty days after a 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) If the registering party asserts that two or more orders are in effect, a notice shall also: (1) Identify the two or more orders and the order alleged by the registering person to be the controlling order and the consolidated arrears, if any; (2) notify the nonregistering party of the right to a determination of which is the controlling order; (3) state that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and (4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

      (d) 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; P.A. 07-247, S. 46.)

      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); P.A. 07-247 amended Subsec. (a) by deleting language that prescribed methods for giving notice and making a technical change, amended Subsec. (b) by deleting "the date of mailing or personal service of the" and making technical changes, added new Subsec. (c) re notice requirements when registering party asserts that two or more orders are in effect, and redesignated existing Subsec. (c) as Subsec. (d), effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 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 of the date, time and place of the hearing.

      (June 18 Sp. Sess. P.A. 97-1, S. 40, 75; P.A. 07-247, S. 47.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by deleting "the date of mailing or personal service of" and amended Subsec. (c) by deleting "by first class mail", effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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; (7) the statute of limitations under section 46b-213j precludes enforcement of some or all of the alleged arrearages; or (8) the alleged controlling order is not the controlling order.

      (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; P.A. 07-247, S. 48.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a)(7) by adding "alleged" re arrearages and added Subsec. (a)(8) specifying "the alleged controlling order is not the controlling order", effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 or subsection (b) of section 46b-213r have been met.

      (June 18 Sp. Sess. P.A. 97-1, S. 44, 75; P.A. 07-247, S. 49.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 added reference to Sec. 46b-213r(b), effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213q. Modification of child support order of another state. (a) Except as provided in subsection (b) of section 46b-213r, in any matter where the Family Support Magistrate Division does not have jurisdiction pursuant to subsection (f) of this section, upon petition a family support magistrate may modify a child support order issued in another state which is registered in this state if, after notice and hearing, such magistrate finds that: (1) The following requirements are met: (A) Neither the child, nor the obligee who is an individual nor the obligor resides 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) this state is the state of residence of the child or a 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 consents in a record in the issuing tribunal for a family support magistrate to modify the support order and assume continuing exclusive jurisdiction.

      (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) Except as provided in subsection (b) of section 46b-213r, 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, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same 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) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

      (e) On issuance of an order by the Family Support Magistrate Division modifying a child support order issued in another state, the Family Support Magistrate Division becomes the tribunal having continuing exclusive jurisdiction.

      (f) (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 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, 46b-213s to 46b-213u, inclusive, and 46b-213w shall not apply to such proceeding.

      (g) 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. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file such orders pursuant to this subsection shall not affect the validity or enforceability of the modified order of the new tribunal having continuing exclusive jurisdiction.

      (June 18 Sp. Sess. P.A. 97-1, S. 45, 75; P.A. 99-193, S. 9, 16; P.A. 07-247, S. 50; P.A. 09-8, S. 14.)

      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; P.A. 07-247 amended Subsec. (a) by specifying that "Except as provided in subsection (b) of section 46b-213r, in any matter where the Family Support Magistrate Division does not have jurisdiction pursuant to subsection (f) of this section, upon petition a family support magistrate may modify" a child support order issued in another state, deleting provision that referenced "only if subsection (e) does not apply", changing "individual obligee" to "obligee who is an individual", adding "this state is the state of residence" re child or party who is an individual, changing "written consents" to "consents in a record", deleting provision re consent not being required if issuing state is a foreign jurisdiction that has not enacted laws or established procedures similar to Secs. 46b-212 to 46b-213v and making technical changes, amended Subsec. (c) by specifying that "Except as provided in subsection (b) of section 46b-213r" re authority of family support magistrate to modify certain orders, providing that prohibition on modifications extends to "the duration of the obligation of support", and making a technical change, added new Subsec. (d) re initial controlling order governing duration of support obligation, redesignated existing Subsecs. (d) to (f) as Subsecs. (e) to (g), amended redesignated Subsec. (e) by adding "by the Family Support Magistrate Division" and making a technical change, and amended redesignated Subsec. (g) by providing that "party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of the failure to file arises", changing "controlling order" to "modified order" and adding that failure to file order shall not affect validity or enforceability of the modified order "of the new tribunal having continuing exclusive jurisdiction", effective January 1, 2008; P.A. 09-8 made a technical change in Subsec. (a).

      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.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213r. Enforcement and recognition of order modified in another state. (a) If a child support order issued by the Family Support Magistrate Division or Superior Court is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: (1) May enforce its order that was modified only as to arrears and interest accruing before the modification; (2) may provide appropriate relief for violations of its order which occurred before the effective date of modification; and (3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

      (b) (1) If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to subsection (a) of section 46b-213q has been given or whether the individual seeking modification is a resident of this state or of the foreign country or political subdivision. (2) An order issued pursuant to this subsection is the controlling order.

      (June 18 Sp. Sess. P.A. 97-1, S. 46, 75; P.A. 07-247, S. 51.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 designated existing provisions as Subsec. (a) and amended same re enforceability of child support order entered in this state that is modified by tribunal of another state, which assumed jurisdiction pursuant to Uniform Interstate Family Support Act, by changing "amounts" to "arrears and interest" re accruing before modification, deleting "enforce only nonmodifiable aspects of that order" and making technical changes, and added Subsec. (b) re authority of tribunal of this state to assume jurisdiction to modify order of a foreign country or political subdivision that will not or may not modify its order pursuant to its laws, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213s. Proceeding to determine paternity. A court of this state authorized to determine paternity of a child may serve as a responding tribunal in a proceeding to determine paternity brought under sections 46b-212 to 46b-213w, inclusive, or a law substantially similar to said sections.

      (June 18 Sp. Sess. P.A. 97-1, S. 47, 75; P.A. 07-247, S. 52.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 deleted Subsec. (a) designator, replaced "Family Support Magistrate Division" with "court of this state authorized to determine paternity of a child", deleted "an initiating or", added "to determine paternity", replaced reference to Sec. 46b-213v with reference to Sec. 46b-213w, deleted provision re Uniform Reciprocal Enforcement of Support Act and Revised Uniform Reciprocal Enforcement of Support Act, and deleted former Subsec. (b) re choice of law in paternity proceedings, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 of 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-213w, 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; P.A. 07-247, S. 53.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) by making a technical change and amended Subsec. (b) by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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-213w, inclusive, or that the proceeding would be of no avail.

      (b) If, under sections 46b-212 to 46b-213w, inclusive, or a law substantially similar to said sections, 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; P.A. 07-247, S. 54.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsecs. (a) and (b) by replacing references to Sec. 46b-213v with references to Sec. 46b-213w and amended Subsec. (b) by deleting reference to Uniform Reciprocal Enforcement of Support Act and Revised Uniform Reciprocal Enforcement of Support Act, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-213v. Uniformity in application and construction of the Uniform Interstate Family Support Act. In applying and construing the Uniform Interstate Family Support Act under this part consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact said uniform act.

      (June 18 Sp. Sess. P.A. 97-1, S. 50, 75; P.A. 07-247, S. 55.)

      History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 replaced reference to Secs. 46b-212 to 46b-213v with "Uniform Interstate Family Support Act" and made technical changes, effective January 1, 2008.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 by or on behalf of the obligee, or by the support enforcement agency, to the person 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 Bureau of Child Support Enforcement 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 regular on its face as if it had been issued by a tribunal of this state.

      (e) Except as otherwise provided in subsections (f) and (g) of this section, 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 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 two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of such orders if the employer complies with the law of this state to establish the priorities for withholding and allocating income withheld for two or more 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 by: (1) Registering the order in accordance with section 46b-213h and filing a contest to that order as provided in section 46b-213l notwithstanding the obligor is the registering party; (2) otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state; or (3) 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.

      (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 to (1) the support enforcement agency providing services to the obligee; (2) each employer that has directly received an income withholding order relating to the obligor; (3) the person 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 in accordance with section 46b-213h. The bureau shall also immediately file the claim form on behalf of the obligor with Support Enforcement Services acting on behalf of the Family Support Magistrate Division. 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 52-362. 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 each employer that has directly received an income withholding order related to the obligor, 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; P.A. 07-247, S. 56; P.A. 09-8, S. 15.)

      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 $145 per week of disposable earnings are exempt from such order and amended Subsec. (c)(6) to make technical changes for purposes of gender neutrality, effective July 1, 2001; P.A. 07-247 amended Subsec. (a) by providing that income withholding order may be sent "by or on behalf of the obligee, or by the support enforcement agency" and deleting "or entity", amended Subsec. (c)(5) by making a technical change, amended Subsec. (d) by replacing "valid" with "regular on its face", amended Subsec. (e) by making a technical change and, in Subdiv. (2), deleting "or agency", amended Subsec. (g) by replacing "multiple" with "two or more" and making a technical change, amended Subsec. (j) by adding Subdiv. designators (1) to (3) re contesting income withholding order issued in another state, by specifying that obligor must register order and file a contest to that order in accordance with controlling statutes, and by deleting provision re stay of imposition of income withholding order when obligor has filed a timely claim form contesting the validity of such order, amended Subsec. (k) by deleting reference to stay of imposition of income withholding order, by specifying in Subdiv. (2) that bureau shall give notice of contest to each employer "that has directly received an income withholding order relating to the obligor", by deleting "or agency" in Subdiv. (3), by deleting provision that specified that income withholding order was to be registered by bureau "with the appropriate clerk of the Family Support Magistrate Division", by requiring bureau to file claim form with "Support Enforcement Services", by replacing reference to Sec. 52-361 with reference to Sec. 52-362 and by requiring bureau to give notice of decision to each employer "that has directly received an income withholding order related to the obligor", effective January 1, 2008; P.A. 09-8 made a technical change in Subsec. (d).

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-214. Reserved for future use.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

PART II*
OBLIGATION OF RELATIVES

      *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.

      Secs. 46b-215 through 46b-219 cited. 178 C. 675.

      Sec. 46b-215 et seq. cited. 42 CS 562.


      Sec. 46b-215. (Formerly Sec. 17-320). Relatives obliged to furnish support. Attorney General and attorney for town as parties. Orders. (a)(1) The Superior Court or a family support magistrate may 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 and a full-time high school student, 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 occurs first.

      (2) Any such support order in a IV-D support case shall include a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision.

      (A) The provision for health care coverage 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 at a reasonable cost, as defined in subparagraph (D) of this subdivision. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.

      (B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as defined in subparagraph (D) of this subdivision. An order under clause (i) of this subparagraph shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.

      (C) An order for payment of the child's medical and dental expenses, other than those described in clause (ii) of subparagraph (E) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.

      (D) Health care coverage shall be deemed reasonable in cost if: (i) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a. If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.

      (E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in clauses (i) and (ii) of this subparagraph, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under clause (i) of this subparagraph shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to clause (ii) of this subparagraph are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.

      (F) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.

      (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, 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 IV-D support cases, as defined in subdivision (13) 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) The court or family support magistrate may also determine, order and enforce payment of any support due because of neglect or refusal to furnish support prior to the action. In the case of a child born out of wedlock whose parents have not intermarried, the father's liability for such support shall be limited to the three years next preceding the filing of a petition pursuant to this section.

      (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 guidelines established pursuant to 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 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. In IV-D support cases, the IV-D agency or a support enforcement agency under cooperative agreement with the IV-D agency may, upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. Any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice. All payments made shall be distributed as required by Title IV-D of the Social Security Act.

      (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; P.A. 06-149, S. 15-17; P.A. 07-217, S. 173; 07-247, S. 57, 58.)

      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 21 and children of parents under 65; 1972 act referred to persons under 18 rather than under 21, 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 65 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 15% from child support guidelines is not substantial and any deviation of more than 15% 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 4 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 12 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; P.A. 06-149 amended Subsec. (a)(1) to make technical changes and delete "and residing with the custodial parent", amended Subsec. (a)(2) to substitute exemption from required insurance payments for low-income obligors for prior exemption if payments would reduce amount of support required under child support guidelines, amended Subsec. (a)(7) to make technical changes and provide in Subpara. (A) that in the case of a child born out of wedlock whose parents have not intermarried, the father's liability shall be limited to 3 years next preceding the filing of petition, and amended Subsec. (c) to add provisions re redirection of payments and notice thereof and requiring payments to be distributed as required by Title IV-D of the Social Security Act, effective June 6, 2006; P.A. 07-217 made a technical change in Subsec. (a)(7)(C), effective July 12, 2007; P.A. 07-247 substantially revised Subsec. (a)(2) by inserting Subpara. designators (A) to (F), specifying that court or family support magistrate may order either or both parents to provide health care coverage for child, specifying that either parent may be ordered to name child as beneficiary of any medical or dental insurance plan carried by or available to such parent at a reasonable cost, describing reasonable cost re maintaining health care coverage, deleting language that required applying for coverage under HUSKY Plan, Part B only if noncustodial parent had sufficient ability to pay appropriate premium, providing that court or family support magistrate may order either parent to provide for coverage under HUSKY Plan, Part B, or alternatively enter order for cash medical support as long as any such order was reasonable, defining "cash medical support" and requirements related to entry of cash medical support order and making technical changes, and amended Subsec. (a)(3) by deleting "in a form prescribed by the Office of the Chief Court Administrator", replacing "TANF" with "IV-D", and replacing reference to Subdiv. (14) with reference to Subdiv. (13) of Sec. 46b-231(b).

      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. 52-56(d) re execution or service of capias mittimus in any precinct by state marshal of any precinct.

      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. Id., 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.

      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. Wife may sue for husband's medical expenses for which she is liable. 32 CS 156. Cited. 33 CS 44. Cited. 34 CS 284.

      Cited. 6 Conn. Cir. Ct. 688.

      Annotations to present section:

      Cited. 196 C. 403. Cited. 216 C. 85. Cited. 219 C. 28. Cited. 222 C. 699. Cited. 231 C. 1. Cited as P.A. 95-310, S. 2. 234 C. 194. Cited. 236 C. 582.

      Cited. 2 CA 251; Id., 270. Cited. 9 CA 327. Cited. 26 CA 174. Cited. 31 CA 214.

      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. Cited. 40 CS 6. Cited. Id., 349.

      Subsec. (a):

      Cited. 235 C. 82, 88.

      Cited. 31 CA 761.

      Cited. 39 CS 35. Cited. 40 CS 349. 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.

      Subsec. (e):

      Cited. 25 CA 563. P.A. 90-188, cited. Id. Cited. 26 CA 737.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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. Cited. 222 C. 699. P.A. 89-203 cited. Id. Cited. 231 C. 1. Cited. 236 C. 582. 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. When parties' combined net weekly income exceeds upper limit of the guidelines' schedule, court shall apply the principles that underlie the child support guidelines. 296 C. 80.

      Cited. 25 CA 555. P.A. 89-203 cited. Id. Cited. Id., 563. P.A. 89-203 cited. Id. Cited. Id., 693. Cited. 28 CA 632. Cited. 29 CA 436. Cited. 37 CA 856. 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.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 guidelines established pursuant to section 46b-215a and in effect on the date of the support determination shall be considered in all determinations of child support amounts, including any past-due 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, including any past-due 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; P.A. 06-149, S. 18.)

      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"; P.A. 06-149 amended Subsec. (a) to make technical changes, insert "in effect on the date of the support determination" re child support guidelines, and add references to past-due support, effective June 6, 2006.

      Cited. 218 C. 467. Cited. 219 C. 703. Cited. 222 C. 699. P.A. 89-203, Secs. 2, 3 cited. Id. Cited. 231 C. 1. Cited. 236 C. 582.

      Cited. 25 CA 563. P.A. 89-203 cited. Id. Cited. Id., 595. Cited. 26 CA 617. Cited. 27 CA 724. Cited. 29 CA 368; Id., 436. Cited. 31 CA 761. Cited. 37 CA 856. Cited. 39 CA 258. Cited 40 CA 570. 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. Trial court erred when it deviated from the presumptive health care coverage contribution without a specific finding on the record that application of the guidelines would have been inequitable or inappropriate under the circumstances. 97 CA 122.

      Subsec. (a):

      Cited. 222 C. 699. Cited. 231 C. 1.

      Cited. 25 CA 555. Sec. 2 of P.A. 89-203(a) cited. Id. Cited. Id., 693. Cited. 28 CA 208; Id., 632. Cited. 41 CA 163. 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.

      Cited. 25 CA 555.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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".

      In accordance with Maturo v. Maturo, 296 C. 80, child support orders must be made in accordance with the principles established in statute and child support guidelines, and any deviation must be accompanied by court's explanation as to why the guidelines are inequitable or inappropriate and why deviation is necessary to meet needs of child; court improperly awarded 20 per cent of defendant's annual cash bonus as additional child support. 297 C. 358.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-215e. Initial or modified support order where child support obligor is institutionalized or incarcerated. Notwithstanding any provision of the general statutes, whenever a child support obligor is institutionalized or incarcerated, the Superior Court or a family support magistrate shall establish an initial order for current support, or modify an existing order for current support, upon proper motion, based upon the obligor's present income and substantial assets, if any, in accordance with the child support guidelines established pursuant to section 46b-215a. Downward modification of an existing support order based solely on a loss of income due to incarceration or institutionalization shall not be granted in the case of a child support obligor who is incarcerated or institutionalized for an offense against the custodial party or the child subject to such support order.

      (P.A. 03-258, S. 4; P.A. 06-149, S. 19.)

      History: P.A. 06-149 substituted "provision" for "provisions", added "substantial assets, if any" re obligor's present income, and added provision re downward modification of existing support order based solely on loss of income due to incarceration or institutionalization, effective June 6, 2006.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-216. (Formerly Sec. 17-321). Support of surviving husband or wife by heirs. The estate of any person dying without issue, leaving a husband or wife surviving, shall be liable for the support of such surviving spouse until remarriage if such survivor becomes poor and there is no person or persons of sufficient ability, under the provisions of section 46b-215, to provide such support. Each person to whom any such estate is given or descends shall, to an amount equal to the estate so received by him, be liable to contribute to such support, and, if he neglects to provide such support, and sufficient support cannot be obtained from any of the persons liable under the provisions of said section 46b-215, such survivor, the Commissioner of Social Services, the selectmen of the town in which such survivor resides, or any person liable under the provisions of said section 46b-215, to contribute to such support but unable to wholly furnish the same, or any person other than the defendant or defendants, liable under this section to contribute to such support, may bring a complaint to the superior court for the judicial district in which such survivor resides, against all or any of the persons, except the plaintiff, to whom any of such estate has been given or has descended. Said court may order the defendant or defendants to contribute to such support from the time of serving such complaint such sum, not exceeding the value of the property received by such defendant or defendants from the estate of such deceased, as may be reasonable and necessary, and may issue execution monthly or quarterly for the same, which, when collected, shall be paid to such survivor, said commissioner or such selectmen, for such support, as the court orders. When such complaint is brought by the survivor, commissioner or selectmen, the court, or any judge thereof when said court is not sitting, may require the defendant or defendants to become bound with sufficient surety to such survivor, the state or town to abide the judgment rendered on such complaint.

      (1949 Rev., S. 2611; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 78-280, S. 2, 127; P.A. 93-262, S. 1, 87.)

      History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 78-280 substituted "judicial district" for "county"; Sec. 17-321 transferred to Sec. 46b-216 in 1979 and references to Sec. 17-320 revised to reflect its transfer; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993.

      Annotations to former section 17-321:

      Cited. 127 C. 506.

      Cited. 11 CS 295. Cited. 33 CS 44.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-217. (Formerly Sec. 17-322). Relief from support. Any defendant in an action brought under either section 46b-215 or 46b-216 may, at any time thereafter, prefer his complaint to said court against such survivor, the Commissioner of Social Services, selectmen or other persons, plaintiffs in such action, to be relieved from such contribution. In any action brought under said section 46b-215, the defendant in a IV-D support case as defined in subsection (b) of section 46b-231 may prefer his complaint to the family support magistrate serving the judicial district where the order was entered against the plaintiff in such action to be relieved from such contribution. If said court or family support magistrate finds that he, being liable under said section 46b-215, is required to contribute an amount beyond his ability or beyond what is requisite for such support, or that he, being liable under said section 46b-216, is required to contribute beyond the amount received by him from the estate of such deceased or beyond what is requisite for such support, it may again direct how much, if anything, he shall contribute therefor. If the contribution of the person or persons liable to support such poor person, as fixed by the court, is insufficient for such support, the remainder of such support shall be furnished by the state or such town.

      (1949 Rev., S. 2612; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 86-359, S. 35, 44; P.A. 93-262, S. 73, 87.)

      History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; Sec. 17-322 transferred to Sec. 46b-217 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 86-359 added reference to complaint against commissioner of human resources and added provision permitting defendant in action under Sec. 46b-215 to prefer complaint to family support magistrate division; P.A. 93-262 replaced reference to commissioners of income maintenance and human resources with commissioner of social services, effective July 1, 1993.

      Annotation to former section 17-322:

      Cited. 127 C. 506.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-218. (Formerly Sec. 17-324a). Filing of identification and location information with the state case registry. (a) For purposes of this section:

      (1) "Identification and location information" means current information on the location and identity of a party to any paternity or child support proceeding, including, but not limited to, the party's Social Security number, residential and mailing addresses, telephone number, driver's license number, employer's name, address and telephone number, and such other information as may be required for the state case registry to comply with federal law and regulations;

      (2) "Paternity or child support proceeding" means any court action or administrative process authorized by state statute in which the paternity or support of a child is established; and

      (3) "State case registry" means the database included in the automated system established and maintained by the Bureau of Child Support Enforcement under subsection (l) of section 17b-179 which database shall contain information on each support order established or modified in the state.

      (b) Each party to any paternity or child support proceeding shall file identification and location information with the state case registry upon entry of an order and whenever such information changes.

      (c) All identification and location information provided to the state case registry under subsection (b) of this section shall be subject to the provisions of section 17b-90.

      (1969, P.A. 654; 1971, P.A. 225; P.A. 74-183, S. 218, 291; P.A. 76-436, S. 187, 681; P.A. 77-452, S. 55, 72; P.A. 90-213, S. 33, 56; P.A. 99-193, S. 10, 16.)

      History: 1971 act substituted "person" for "beneficiary of state assistance under the provisions of this title", reduced maximum fine from $50 to $25 and reduced maximum term of imprisonment from 60 to 30 days; P.A. 74-183 replaced circuit court with court of common pleas and family relations division with family relations office, effective December 31, 1974; P.A. 76-436 and P.A. 77-452 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 17-324a transferred to Sec. 46b-218 in 1979; P.A. 90-213 replaced requirement that payments and notice be made to the family relations office with the requirement that payments and notice be made to the support enforcement division; P.A. 99-193 deleted existing provisions and added new Subsecs. (a) to (c) concerning the filing of identification and location information, effective June 23, 1999.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-219. (Formerly Sec. 17-326). No liability for support of deserting parent. No person shall be liable under any provision of the general statutes for the support of a parent who wilfully deserted such person continuously during the ten-year period prior to such person reaching his majority. For the purposes of this section, wilful desertion means total neglect of parental responsibility in failing to provide reasonable support and care within the financial capability of the parent. Any person claiming the provisions of this section as a defense shall have the burden of proof of such wilful desertion.

      (1957, P.A. 475.)

      History: Sec. 17-326 transferred to Sec. 46b-219 in 1979.

      Annotations to former section 17-326:

      Cited. 31 CS 271. Cited. 33 CS 769. Cited. 34 CS 284.

      "Wilful desertion" means intentional desertion; parental responsibility is obligation to furnish protection, education and support. Where defendant's mother was divorced by his father with whom he lived and, despite her history of alcoholism and drug addiction, she attempted to obtain his custody on several occasions, trial court could conclude there was no desertion under this statute. 4 Conn. Cir. Ct. 643.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-220. Suspension of license of delinquent child support obligor. Conditions. Reinstatement. (a) For the purposes of this section:

      (1) "Delinquent child support obligor" means an obligor who (A) owes overdue support, accruing after the entry of a court order, in an amount which exceeds ninety days of periodic payments on a current support or arrearage payment order, (B) has failed to make court ordered medical or dental insurance coverage available within ninety days of the issuance of a court order or fails to maintain such coverage pursuant to court order for a period of ninety days, or (C) has failed, after receiving appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings;

      (2) "License" means each license, certification or permit to engage in a profession or occupation regulated pursuant to the provisions of title 19a, 20 or 21, a motor vehicle operator's license or a commercial driver's license issued by the Commissioner of Motor Vehicles in accordance with chapter 246, and licenses and permits issued by the Department of Environmental Protection pursuant to part III of chapter 490;

      (3) "Licensing authority" means any board, commission, department or official with authority to issue a license;

      (4) "Obligor" means any person owing a duty of child support;

      (5) "Obligee" means the person or entity to whom child support payments are owed;

      (6) "Past-due support" shall have the same meaning as provided in section 52-362j; and

      (7) "Overdue support" shall have the same meaning as provided in section 52-362j.

      (b) The Superior Court and any family support magistrate may issue a suspension order, which suspends the license of a delinquent child support obligor, to enforce a child support order. Such suspension order shall specify the conditions which must be met to avoid license suspension and shall be effective only on the filing of an affidavit, sufficient under subsection (c) of this section as to the obligor's delinquency. Such order shall also specify the conditions of reinstatement of any such suspended license in the event of suspension by the court or family support magistrate. In IV-D cases the order shall specify that the Department of Social Services shall notify the licensing authority of the suspension order and of compliance with or rescission of such order. In non-IV-D cases, the order shall specify the procedure for notification of the licensing authority of the suspension order and of compliance with or rescission of such order and the person required to provide such notification. No judge or family support magistrate may issue a suspension order unless he finds (1) the obligor has received actual notice of the proceeding and that a motor vehicle operator's license or professional, occupational or recreational license which he holds may be suspended, (2) the noncompliance with his child support obligations was wilful and without good cause, (3) the suspension order is fair and equitable, (4) the obligor has sufficient financial resources to comply with the conditions specified in the suspension order. A copy of any suspension order issued against a nonappearing obligor shall be sent to the obligor by first class mail, postage prepaid by the Department of Social Services, or, in any non-IV-D case, any person specified in the suspension order.

      (c) If the obligor fails to comply with the conditions of a suspension order within thirty days of the issuance of such order, the Department of Social Services, a support enforcement officer, the attorney for the obligee or the obligee, as provided in the suspension order, shall file with the court or assistant clerk of the Family Support Magistrate Division, an affidavit stating that the conditions of the suspension order have not been met, and provide the obligor with a copy of such affidavit. Such affidavit shall be filed within forty-five days of the expiration of such thirty-day period. Such suspension order shall be effective upon the filing of such affidavit.

      (d) If (1) the obligor satisfies the conditions of the suspension order within thirty days of the issuance of such suspension order or (2) the affidavit is not filed within forty-five days of the expiration of such thirty-day period, such order shall be null and void and shall have no further effect.

      (e) Upon receipt of an effective court order directing suspension of a license, the Department of Social Services or, in any non-IV-D case, any person specified in such order shall provide the licensing authority with a copy of the suspension order and affidavit. The licensing authority shall, upon receipt of such order and affidavit, suspend such license. Upon the obligor's compliance with the conditions of the license suspension order concerning reinstatement, or upon any subsequent order of the court or family support magistrate to rescind such license suspension, the licensing authority shall immediately reinstate such license. No licensing authority may charge a fee for the reinstatement of any such license which exceeds the actual administrative cost of such reinstatement.

      (P.A. 95-310, S. 4, 9; June 18 Sp. Sess. P.A. 97-7, S. 32, 38; ; P.A. 04-100, S. 5; 04-257, S. 74.)

      History: P.A. 95-310 effective January 1, 1996; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by redefining "delinquent child support obligor" and "license", and by defining "past-due support" and "overdue support" and added provision re recreational license in Subsec. (b), effective July 1, 1997; P.A. 04-100 amended Subsec. (a) by making technical changes in Subdivs. (1) and (2) and redefining "past-due support" in Subdiv. (6) and "overdue support" in Subdiv. (7) to have the same meanings as provided in Sec. 52-362j; P.A. 04-257 made technical changes in Subsec. (a)(2), effective June 14, 2004.

      Cited. 234 C. 194.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-221. Notice to delinquent child support obligors by Commissioner of Social Services re availability of remedy of license suspension. The Commissioner of Social Services may provide notice to all IV-D delinquent child support obligors of the availability of the remedy of suspension of motor vehicle operator's licenses and professional, occupational and recreational licenses pursuant to section 46b-220. Such notice shall comply with the provisions of section 52-362g.

      (P.A. 95-310, S. 6, 9; June 18 Sp. Sess. P.A. 97-7, S. 33, 38.)

      History: P.A. 95-310 effective January 1, 1996; June 18 Sp. Sess. P.A. 97-7 added reference to recreational licenses, effective July 1, 1997.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-222. Regulations. The Department of Social Services may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of section 46b-220.

      (P.A. 95-310, S. 7, 9.)

      History: P.A. 95-310 effective January 1, 1996.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-223. Rules of Court. The judges of the Superior Court may adopt any rules they deem necessary to implement the provisions of section 46b-220, including the application of said section to the practice of law.

      (P.A. 95-310, S. 8, 9; P.A. 07-247, S. 59.)

      History: P.A. 95-310 effective January 1, 1996; P.A. 07-247 deleted provision that required Office of the Chief Court Administrator to prescribe any forms required to implement Sec. 46b-220.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-224. Effect of court order changing or transferring guardianship or custody of child on preexisting support order. Whenever the Probate Court, in a guardianship matter under chapter 802h, or the Superior Court, in a family relations matter, as defined in section 46b-1, orders a change or transfer of the guardianship or custody of a child who is the subject of a preexisting support order, and the court makes no finding with respect to such support order, such guardianship or custody order shall operate to: (1) Suspend the support order if guardianship or custody is transferred to the obligor under the support order; or (2) modify the payee of the support order to be the person or entity awarded guardianship or custody of the child by the court, if such person or entity is other than the obligor under the support order.

      (P.A. 04-100, S. 8; P.A. 07-247, S. 60.)

      History: P.A. 04-100 effective May 10, 2004; P.A. 07-247 replaced "juvenile matter under chapter 815t" with "family relations matter, as defined in section 46b-1".

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Secs. 46b-225 to 46b-230. Reserved for future use.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

PART III*
FAMILY SUPPORT MAGISTRATE'S ACT

      *Sec. 46b-231 et seq., Family Support Magistrate's Act cited. 213 C. 373. Family Support Magistrate's Act, Secs. 46b-231-46b-235 cited. 222 C. 799.

      Connecticut Family Support Magistrate's Act cited. 31 CA 114. Sec. 46b-231 et seq. cited. 46 CA 1.


      Sec. 46b-231. Definitions. Family Support Magistrate Division. Family support magistrates; appointment, salaries, powers and duties. Orders. Appeal. Attorney General; duties re actions for support. Department of Social Services; powers. (a) Short title: Family Support Magistrate's Act. This section shall be known and may be cited as the "Family Support Magistrate's Act".

      (b) Definitions. For the purposes of this section:

      (1) "Chief Family Support Magistrate" means the family support magistrate designated by the Chief Court Administrator as provided in subsection (g) of this section;

      (2) "Child support enforcement services" means the services provided by the IV-D agency or an agency under cooperative or purchase of service agreement therewith pursuant to Title IV-D of the Social Security Act, including, but not limited to, location; establishment of paternity; establishment, modification and enforcement of child and medical support orders and the collection and distribution of support payments;

      (3) "Commissioner" means the Commissioner of Social Services or a designee or authorized representative;

      (4) "Bureau of Child Support Enforcement" means a division within the Department of Social Services established pursuant to section 17b-179;

      (5) "Department" means the Department of Social Services or any bureau, division or agency of the Department of Social Services;

      (6) "Family Support Magistrate Division" means a division of the Superior Court created by this section for the purpose of establishing and enforcing child and spousal support in IV-D cases and in cases brought pursuant to sections 46b-212 to 46b-213v, inclusive, utilizing quasi-judicial proceedings;

      (7) "Family support magistrate" means a person, appointed as provided in subsection (f) of this section to establish and enforce child and spousal support orders;

      (8) "Foster care cases" are cases in which children are receiving foster care under part I of chapter 319a or part I of chapter 815t, but does not include cases in which children reside in detention facilities, forestry camps, training schools or other facilities operated primarily for the detention of children adjudicated as delinquent;

      (9) "Law" includes both common and statute law;

      (10) "Obligee" means any person to whom a duty of support is owed;

      (11) "Obligor" means any person owing a duty of support;

      (12) "IV-D agency" means the Bureau of Child Support Enforcement within the Department of Social Services, created by section 17b-179 and authorized to administer the child support program mandated by Title IV-D of the Social Security Act;

      (13) "IV-D support cases" are those in which the IV-D agency is providing child support enforcement services under Title IV-D of the Social Security Act, including all foster care cases referred to the Bureau of Child Support Enforcement under section 46b-130; and

      (14) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and parent with whom the child is living, which provides for monetary support, health care, arrearages or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.

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

      (d) Family Support Magistrate Division established. There is created the Family Support Magistrate Division of the Superior Court for the purpose of the impartial administration of child and spousal support.

      (e) Family Support Advisory Committee established. Repealed by P.A. 91-190, S. 8, 9.

      (f) Magistrates. The Family Support Magistrate Division shall include nine family support magistrates who shall be appointed by the Governor to serve in that capacity for a term of three years. A family support magistrate may be reappointed upon completion of his term of office by the Governor. To be eligible for appointment, a family support magistrate must have engaged in the practice of law for five years prior to his appointment and shall be experienced in the field of family law. He shall devote full time to his duties as a family support magistrate and shall not engage in the private practice of law. A family support magistrate may be removed from office by the Governor for cause.

      (g) Chief magistrate. A Chief Family Support Magistrate shall be designated by the Chief Court Administrator of the Superior Court from among the nine family support magistrates appointed by the Governor pursuant to subsection (f) of this section. Under the direction of the Chief Court Administrator, the Chief Family Support Magistrate shall supervise the Family Support Magistrate Division and submit an annual report to the Chief Court Administrator and perform such other duties as provided in this section.

      (h) Salaries of chief magistrate and magistrates. (1) On and after April 1, 2002, the Chief Family Support Magistrate shall receive a salary of one hundred eight thousand eight hundred twenty-one dollars, and other family support magistrates shall receive an annual salary of one hundred three thousand five hundred sixty-nine dollars.

      (2) On and after January 1, 2005, the Chief Family Support Magistrate shall receive a salary of one hundred fourteen thousand eight hundred six dollars, and other family support magistrates shall receive an annual salary of one hundred nine thousand two hundred sixty-five dollars.

      (3) On and after January 1, 2006, the Chief Family Support Magistrate shall receive a salary of one hundred twenty-one thousand one hundred twenty dollars, and other family support magistrates shall receive an annual salary of one hundred fifteen thousand two hundred seventy-five dollars.

      (4) On and after January 1, 2007, the Chief Family Support Magistrate shall receive a salary of one hundred twenty-seven thousand seven hundred eighty-two dollars, and other family support magistrates shall receive an annual salary of one hundred twenty-one thousand six hundred fifteen dollars.

      (i) Retirement and disability coverage. (1) Family support magistrates shall be included under the provisions of chapters 65 and 66 regarding retirement and disability of state employees. Each such individual shall receive full retirement credit for each year or portion thereof for which retirement benefits are paid while serving as a family support magistrate.

      (2) Any family support magistrate may elect to be included within the provisions of sections 51-49, 51-49a, 51-49b, 51-49c, 51-49d, 51-49h, 51-50a and 51-50b, or to continue to be subject to the provisions of subdivision (1) of this subsection. Any family support magistrate who has so elected may revoke such election and elect to be included in the provisions of chapters 65 and 66 regarding retirement and disability of state employees. Thereupon any payments transferred from the State Employees Retirement Fund to the Judges, Family Support Magistrates and Compensation Commissioners Retirement Fund shall be transferred from the Judges, Family Support Magistrates and Compensation Commissioners Retirement Fund to the State Employees Retirement Fund.

      (j) Assistant clerks and other employees. The Chief Court Administrator shall designate assistant clerks for the Family Support Magistrate Division to serve in judicial districts created pursuant to section 51-344 and such other assistant clerks and other employees as may be necessary for the operation of the Family Support Magistrate Division. The administrative judge for each judicial district may also assign clerks or administrative clerks for the judicial district to serve as assistant clerks or administrative clerks in his judicial district for the Family Support Magistrate Division.

      (k) Hearings to be recorded. The Chief Court Administrator shall arrange for the recording of all hearings before the family support magistrate by contract or otherwise.

      (l) Rules of procedure to be adopted. The judges of the Superior Court shall adopt rules of procedure in accordance with the provisions of section 51-14 for the handling by magistrates of IV-D support cases and in cases brought pursuant to sections 46b-212 to 46b-213v, inclusive. Such rules of procedure shall conform when applicable to rules adopted for the Superior Court.

      (m) Magistrates' powers and duties. The Chief Family Support Magistrate and the family support magistrates shall have the powers and duties enumerated in this subsection.

      (1) A family support magistrate in IV-D support cases may compel the attendance of witnesses or the obligor under a summons issued pursuant to sections 17b-745, 46b-172 and 46b-215, a subpoena issued pursuant to section 52-143, or a citation for failure to obey an order of a family support magistrate or a judge of the Superior Court. If a person is served with any such summons, subpoena or citation issued by a family support magistrate or the assistant clerk of the Family Support Magistrate Division and fails to appear, a family support magistrate may issue a capias mittimus directed to a proper officer to arrest the obligor or the witness and bring him before a family support magistrate. Whenever such a capias mittimus is ordered, the family support magistrate shall establish a recognizance to the state of Connecticut in the form of a bond of such character and amount as to assure the appearance of the obligor at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. If the obligor posts such a bond, and thereafter fails to appear before the family support magistrate at the time and place he is ordered to appear, the family support magistrate may order the bond forfeited, and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.

      (2) Family support magistrates shall hear and determine matters involving child and spousal support in IV-D support cases including petitions for support brought pursuant to sections 17b-81, 17b-179, 17b-745 and 46b-215; applications for show cause orders in IV-D support cases brought pursuant to subsection (b) of section 46b-172, and actions for interstate enforcement of child and spousal support and paternity under sections 46b-212 to 46b-213v, inclusive, and shall hear and determine all motions for modifications of child and spousal support in such cases. In all IV-D support cases, family support magistrates shall have the authority to order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated, 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. A family support magistrate shall not modify an order for periodic payment on an arrearage due the state for state assistance which has been discontinued to increase such payments, unless the family support magistrate first determines that the state has made a reasonable effort to notify the current recipient of child support, at the most current address available to the IV-D agency, of the pendency of the motion to increase such periodic arrearage payments and of the time and place of the hearing on such motion. If such recipient appears, either personally or through a representative, at such hearing, the family support magistrate shall determine whether the order in effect for child support is reasonable in relation to the current financial circumstances of the parties, prior to modifying an order increasing such periodic arrearage payments.

      (3) Family support magistrates shall review and approve or modify all agreements for support in IV-D support cases filed with the Family Support Magistrate Division in accordance with sections 17b-179, 17b-745, 46b-172, 46b-215 and subsection (c) of section 53-304.

      (4) Motions for modification of existing child and spousal support orders entered by the Superior Court in IV-D support cases, including motions to modify existing child and spousal support orders entered in actions brought pursuant to chapter 815j, shall be brought in the Family Support Magistrate Division and decided by a family support magistrate. Family support magistrates, in deciding if a spousal or child support order should be modified, shall make such determination based upon the criteria set forth in sections 46b-84 and 46b-215b. A person who is aggrieved by a decision of a family support magistrate modifying a Superior Court order is entitled to appeal such decision in accordance with the provisions of subsection (n) of this section.

      (5) Proceedings to establish paternity in IV-D support cases shall be filed in the family support magistrate division for the judicial district where the mother or putative father resides. The matter shall be heard and determined by a family support magistrate in accordance with the provisions of chapter 815y.

      (6) Agreements for support obtained in IV-D support cases shall be filed with the assistant clerk of the family support magistrate division for the judicial district where the mother or the father of the child resides, pursuant to subsection (b) of section 46b-172, and shall become effective as an order upon filing with the clerk. Such support agreements shall be reviewed by a family support magistrate who shall approve or disapprove the agreement. If the support agreement filed with the clerk is disapproved by a family support magistrate, such disapproval shall have a retroactive effect.

      (7) Family support magistrates shall enforce orders for child and spousal support entered by such family support magistrate and by the Superior Court in IV-D support cases by citing an obligor for contempt. Family support magistrates, in IV-D support cases, may order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated, 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. Family support magistrates shall also enforce income withholding orders entered pursuant to section 52-362, including any additional amounts to be applied toward liquidation of any arrearage, as required under subsection (e) of said section. Family support magistrates may require the obligor to furnish recognizance to the state of Connecticut in the form of a cash deposit or bond of such character and in such amount as the Family Support Magistrate Division deems proper to assure appearance at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. Upon failure of the obligor to post such bond, the family support magistrate may refer the obligor to a community correctional center until he has complied with such order, provided the obligor shall be heard at the next regular session of the Family Support Magistrate Division in the court to which he was summoned. If no regular session is held within seven days of such referral, the family support magistrate shall either cause a special session of the Family Support Magistrate Division to be convened, or the obligor shall be heard by a Superior Court judge in the judicial district in which the matter is pending. If the obligor fails to appear before the family support magistrate at the time and place he is ordered to appear, the family support magistrate may order the bond, if any, forfeited, and the proceeds thereof distributed as required by Title IV-D of the Social Security Act, and the family support magistrate may issue a capias mittimus for the arrest of the obligor, ordering him to appear before the family support magistrate. A family support magistrate may determine whether or not an obligor is in contempt of the order of the Superior Court or of a family support magistrate and may make such orders as are provided by law to enforce a support obligation, except that if the family support magistrate determines that incarceration of an obligor for failure to obey a support order may be indicated, the family support magistrate shall inform the obligor of his right to be represented by an attorney and his right to a court-appointed attorney to represent him if he is indigent. If the obligor claims he is indigent and desires an attorney to represent him, the family support magistrate shall conduct a hearing to determine if the obligor is indigent. If, after such hearing, the family support magistrate finds that the obligor is indigent, the family support magistrate shall appoint an attorney to represent the obligor.

      (8) Agreements between parties as to custody and visitation of minor children in IV-D support cases may be filed with the assistant clerk of the Family Support Magistrate Division. Such agreements shall be reviewed by a family support magistrate, who shall approve the agreement unless he finds such agreement is not in the best interests of the child. Agreements between parties as to custody and visitation in IV-D support cases shall be enforced in the same manner as agreements for support are enforced, pursuant to subdivision (7) of this subsection.

      (9) Whenever an obligor is before a family support magistrate in proceedings to establish, modify or enforce a support order in a IV-D support case and such order is not secured by an income withholding order, the family support magistrate may require the obligor to execute a bond or post other security sufficient to perform such order for support, provided the family support magistrate finds that such a bond is available for purchase within the financial means of the obligor. Upon failure of such obligor to comply with such support order, the family support magistrate may order the bond or the security forfeited and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.

      (10) In any proceeding in the Family Support Magistrate Division, if the family support magistrate finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process, the family support magistrate shall waive such fee or fees and the cost of service of process shall be paid by the state.

      (11) A family support magistrate may dismiss any action or proceeding which the family support magistrate may hear and determine.

      (12) A family support magistrate may order parties to participate in the parenting education program in accordance with the provisions of section 46b-69b.

      (13) Family support magistrates may issue writs of habeas corpus ad testificandum in IV-D support cases for persons in the custody of the Commissioner of Correction.

      (n) Appeal procedure. (1) A person who is aggrieved by a final decision of a family support magistrate is entitled to judicial review by way of appeal under this section.

      (2) Proceedings for such appeal shall be instituted by filing a petition in superior court for the judicial district in which the decision of the family support magistrate was rendered not later than fourteen days after filing of the final decision with an assistant clerk assigned to the Family Support Magistrate Division or, if a rehearing is requested, not later than fourteen days after filing of the notice of the decision thereon. In a IV-D support case, such petitions shall be accompanied by a certification that copies of the petition have been served upon the IV-D agency as defined in subsection (b) of this section and all parties of record. Service upon the IV-D agency may be made by the appellant mailing a copy of the petition by certified mail to the office of the Attorney General in Hartford.

      (3) Within fourteen days after the filing of the petition, or within such further time as may be allowed by the court, the Family Support Magistrate Division shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding appealed from, which shall include the decision of the family support magistrate. The court may require or permit subsequent corrections or additions to the record.

      (4) The aggrieved party shall file with his appeal a statement that no transcript is required for the purpose of determining the issues raised on appeal or a statement that he has ordered a transcript. A transcript may be filed by any party to an appeal and shall be filed within thirty days from the filing of said appeal unless the time for filing such transcript is extended by order of the Superior Court or the family support magistrate. Costs of preparing the transcript shall be paid by the party ordering the preparation of the transcript.

      (5) If, before the date set for hearing, application is made to the Superior Court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the family support magistrate, the Superior Court may permit additional evidence be taken before it upon conditions determined by the court.

      (6) The appeal shall be conducted by the Superior Court without a jury and shall be confined to the record and such additional evidence as the Superior Court has permitted to be introduced. The Superior Court, upon request, shall hear oral argument and receive written briefs.

      (7) The Superior Court may affirm the decision of the family support magistrate or remand the case for further proceedings. The Superior Court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the decision of the family support magistrate is: (A) In violation of constitutional or statutory provisions; (B) in excess of the statutory authority of the family support magistrate; (C) made upon unlawful procedure; (D) affected by other error of law; (E) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

      (8) Any order entered by the court pursuant to an appeal under this subsection may be retroactive to the date of the original order entered by the family support magistrate.

      (9) Upon all such appeals which are denied, costs may be taxed in favor of the prevailing party at the discretion of the Superior Court, but no costs shall be taxed against the state.

      (10) In any case in which any party claims that he cannot pay the costs of an appeal or defending an appeal under this section, he shall, within the time permitted for filing the appeal, or the time permitted for filing of a transcript of testimony if preparation of such transcript is required, file with the clerk of the superior court to which the appeal is to be taken an application for waiver of payment of such fees, costs and necessary expenses. The application shall conform to rules adopted pursuant to section 51-14. After such hearing as the Superior Court determines is necessary, the Superior Court shall enter its judgment on the application, which judgment shall contain a statement of the facts the Superior Court has found, with its conclusions thereon. The filing of the application for the waiver shall toll the time limits for the filing of an appeal until such time as a judgment on such application is entered.

      (o) Appeals to Appellate and Supreme Courts. Upon final determination of any appeal from a decision of a family support magistrate by the Superior Court, there shall be no right to further review except to the Appellate Court. The procedure on such appeal to the Appellate Court shall, except as otherwise provided herein, be in accordance with the procedures provided by rule or law for the appeal of judgments rendered by the Superior Court unless modified by rule of the judges of the Appellate Court. There shall be no right to further review except to the Supreme Court pursuant to the provisions of section 51-197f.

      (p) Order of support continued during appeal or until changed by further order. The filing of an appeal from a decision of a family support magistrate does not affect the order of support of a family support magistrate, but it shall continue in effect until the appeal is decided, and thereafter, unless denied, until changed by further order of a family support magistrate or the Superior Court.

      (q) Order issued by Superior Court supersedes previous orders. When an order for child or spousal support has been entered against an obligor by the Superior Court in an action originating in the Superior Court, such order shall supersede any previous order for child or spousal support against such obligor entered by a family support magistrate and shall also supersede any previous agreement for support executed by such obligor and filed with the Family Support Magistrate Division.

      (r) Force and effect of order for support. Garnishment provision. Orders for support entered by a family support magistrate shall have the same force and effect as orders of the Superior Court, except where otherwise provided in sections 17b-81, 17b-93, 17b-179, 17b-743, 17b-744, 17b-745 and 17b-746, subsection (a) of section 46b-55, sections 46b-59a, 46b-86 and 46b-172, this chapter, subsection (b) of section 51-348, section 52-362, subsection (a) of section 52-362d, subsection (a) of section 52-362e and subsection (c) of section 53-304, and shall be considered orders of the Superior Court for the purpose of establishing and enforcing support orders of the family support magistrate, as provided in sections 17b-81, 17b-93, 17b-179, 17b-745, 52-362, 52-362d, 52-362e and 53-304, except as otherwise provided in this section. All orders for support issued by family support magistrates in any matter before a magistrate shall contain an order for withholding to enforce such orders as set forth in section 52-362.

      (s) Duties of support enforcement officers. Support enforcement officers of Support Enforcement Services of the Superior Court shall:

      (1) Supervise the payment of any child or spousal support order made by a family support magistrate. Supervision of such orders is defined as the utilization of all procedures available by law to collect child or spousal support, or enforce medical support including (A) issuance and implementation of income withholdings ordered by the Superior Court or a family support magistrate pursuant to section 52-362, (B) issuance of an order requiring any party to appear before a family support magistrate on an action to modify a support order pursuant to subdivision (4) of this subsection, (C) issuance of a capias mittimus directed to a proper officer to arrest an obligor or witness and bring such obligor or witness before a family support magistrate if such obligor or witness is served with a summons, subpoena, citation or order to appear issued by a family support magistrate, the assistant clerk of the Family Support Magistrate Division or a support enforcement officer and fails to appear, (D) if necessary, bringing an application for contempt to a family support magistrate and, in connection with such application, issuing an order requiring the obligor to appear before a family support magistrate to show cause why such obligor should not be held in contempt for failure to pay an order for child or spousal support entered by the Superior Court or a family support magistrate, and (E) issuance of a National Medical Support Notice in accordance with section 46b-88;

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

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

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

      (t) Duties of Attorney General. The Attorney General shall:

      (1) Represent the interest of the state in all actions for child or spousal support in all cases in which the state is furnishing or has furnished aid or care to one of the parties to the action or a child of one of the parties;

      (2) In interstate support enforcement under sections 46b-212 to 46b-213v, inclusive, provide necessary legal services on behalf of the support enforcement agency in providing services to a petitioner;

      (3) Represent the IV-D agency in providing support enforcement services in non-TANF IV-D support cases pursuant to sections 17b-179, 17b-745 and 46b-215.

      (u) Powers of Department of Social Services. (1) The Department of Social Services may in IV-D cases (A) bring petitions for support orders pursuant to section 46b-215, (B) obtain acknowledgments of paternity, (C) bring applications for show cause orders pursuant to section 46b-172, (D) file agreements for support with the assistant clerk of the Family Support Magistrate Division, (E) issue withholding orders entered by the Superior Court or a family support magistrate in accordance with subsection (b) of section 52-362, and (F) upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, for distribution in accordance with Title IV-D of the Social Security Act, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice, and provided further that any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice.

      (2) The Department of Social Services shall provide notice not less than once every three years to the parents subject to a support order in a IV-D case informing the parents of their right to request a review under subdivision (4) of subsection (s) of this section.

      (P.A. 86-359, S. 1, 44; 86-403, S. 113, 114, 132; P.A. 87-316, S. 7; P.A. 89-195, S. 1; 89-302, S. 5, 7; 89-360, S. 9- 11, 45; P.A. 90-132; 90-189; 90-213, S. 34, 56; P.A. 91-76, S. 6, 7; 91-190, S. 8, 9; P.A. 92-226, S. 3, 28; May Sp. Sess. P.A. 92-16, S. 86, 89; P.A. 93-187, S. 5; 93-262, S. 1, 87; 93-329, S. 8; 93-396, S. 5; 93-435, S. 59, 95; P.A. 95-191, S. 1, 4; 95-310, S. 3, 9; P.A. 97-252; June 18 Sp. Sess. P.A. 97-1, S. 67, 75; June 18 Sp. Sess. P.A. 97-2, S. 108, 165; June 18 Sp. Sess. P.A. 97-7, S. 26, 36, 38; July 21 Sp. Sess. P.A. 97-1, S. 6, 8; P.A. 98-197, S. 3, 8; P.A. 99-193, S. 11, 12, 16; June Sp. Sess. P.A. 99-1, S. 38, 51; P.A. 00-231, S. 9, 10; P.A. 01-91, S. 17; P.A. 03-89, S. 5; P.A. 04-100, S. 6, 7; May Sp. Sess. P.A. 04-2, S. 10; P.A. 05-288, S. 158, 159; P.A. 06-149, S. 20-23; P.A. 07-247, S. 61.)

      History: P.A. 86-403 made technical changes in Subsecs. (f) and (m); P.A. 87-316 amended Subsec. (m)(6) to permit family support magistrate to require bond to assure appearance at next regular session of superior court for the judicial district for family matters, to refer obligor, upon failure to post bond, to superior court which may remand obligor to community correctional center until he has complied with order and to order bond, if any, forfeited; P.A. 89-195 amended Subsecs. (m)(1) by adding provision re establishment of bond whenever capias mittimus is ordered and forfeiture of such bond and (m)(6) by changing reference to session of the superior court of the judicial district for family matters to session of the family support magistrate division in the judicial district in which the matter is pending, changing "refund" to "remand" and adding provision re payment of proceeds of forfeited bonds and added Subsec. (m)(8) re authority of magistrate to require performance bond or sufficient security to enforce support order and forfeiture of bond or security; P.A. 89-302 amended Subsec. (r) by changing "garnishment" to "withholding"; P.A. 89-360 amended Subsec. (f) by increasing number of family support magistrates from six to seven, amended Subsec. (h) by increasing salary of chief family support magistrate from $59,325 to $69,325 and increasing salary of other family support magistrates from $55,020 to $65,020 and reiterated changes made by P.A. 89-195 in Subsec. (m); P.A. 90-132 added Subsec. (s)(4) re review of child support orders in non-AFDC IV-D cases at the request of either parent or the bureau of child support enforcement and initiation of an action to modify such order if the order substantially deviates form guidelines; P.A. 90-189 amended Subsec. (m)(2) re procedure for modification of order of periodic payment of arrearage due state for discontinued state assistance to increase such payments; P.A. 90-213 changed the name of the family division to the support enforcement division in Subsec. (a)(8), changed Connecticut child support enforcement bureau to the support enforcement division in Subsec. (a)(15), increased the number of family support magistrates from seven to nine in Subsec. (f), specified in Subsec. (g) that the chief family support magistrate shall be designated from among the eight appointments by the governor to correspond to increase of magistrates in Subsec. (f), changed family relations counselors, caseworkers of the family division to support enforcement officers of the support enforcement division in Subdiv. (s) and made technical changes in Subsec. (l), (m), (s) and (t); P.A. 91-76 amended Subsec. (s)(4) by adding provision re rebuttable presumption that deviation of less than 15% from child support guidelines is not substantial and any deviation of more than 15% is substantial and permitting modification of support order without regard to whether order issued before on or after May 9, 1991; P.A. 91-190 repealed Subsec. (e) re establishment of family support advisory committee; P.A. 92-226 added Subsec. (i)(2), designating existing provision as Subdiv. (1); May Sp. Sess. P.A. 92-16 added Subsec. (h)(2) increasing the salaries of magistrates; P.A. 93-187 added Subsec. (m)(10) (codified as Subdiv. (11)) re authority to dismiss any action or proceeding; P.A. 93-262 and P.A. 93-435 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-329 added Subsec. (m)(10) permitting magistrate to waive fees and cost of service of process if he finds party is indigent; P.A. 93-396 deleted definition of "family division" and redefined "IV-D support cases" to include reference to human resources department [sic] in Subsec. (a), renumbering Subdivs. as necessary, in Subsec. (g) increased number of family support magistrates from eight to nine and deleted reference to family support advisory committee, in Subsec. (s) added a provision providing that support enforcement officers shall have the authority to file agreements for support in lieu of obtaining acknowledgments of paternity, added Subdiv. (5) re review and modification of child support orders and added Subsec. (u) allowing department to bring petitions for support orders, obtain acknowledgments of paternity, bring applications for show cause orders and file agreements for support; P.A. 95-191 amended Subsec. (h) by deleting provisions re salary on and after July 1, 1989, and adding provisions re salary increases on and after July 1, 1995, and July 1, 1996, effective July 1, 1995; P.A. 95-310 amended Subsec. (s)(1) by adding issuance of wage withholdings, bringing application for contempt and issuance of order requiring appearance of obligor in connection with such application, effective January 1, 1996 (Revisor's note: (1) References in Subsecs. (a)(13) and (j) to "Child Support Bureau" and "Family Magistrate Division" were replaced editorially by the Revisors with "Child Support Enforcement Bureau" and "Family Support Magistrate Division" for consistency with customary statutory usage; (2) a reference in Subsec. (b)(13) to section "17-578" and references in Subsecs. (m)(2), (m)(3), (r) and (t)(3) to section "17b-731" were all changed editorially by the Revisors to "17b-179" to correct clerical errors in the preparation of title 17b); P.A. 97-252 amended Subsec. (i)(2) by deleting provision re holding office on June 22, 1992, and by adding provision re revocation of election to be included in judges retirement system and election to be included in state employees retirement system; June 18 Sp. Sess. P.A. 97-1 made technical changes and added references to Secs. 46b-212 to 46b-213v, inclusive, effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 replaced references to "AFDC" with references to "TANF", effective July 1, 1997 (Revisor's note: In codifying this act the Revisors omitted two new, but void, Subdivs. numbered (4) and (5) which were added to Subsec. (h) by Sec. 7 of vetoed public act 97-294); June 18 Sp. Sess. P.A. 97-7 amended Subsec. (b) by deleting definition of "AFDC cases", amending definitions of "chief family support magistrate", "child support enforcement services", and "IV-D support cases", and adding definition of "support order", amended Subsec. (m)(2) by adding provision re order to participate in work activities, (m)(4) by deleting requirement that modifications of support orders be subject to approval and modification of Superior Court judge, (m)(5) by deleting provision re demand for trial by jury, (m)(6)by deleting provision re acknowledgments of paternity, application by mother for IV-D services and putative father, (m)(7) by adding provisions re authority of magistrates in IV-D cases to order participation of obligor to participate in work activities and enforce income withholding order including additional amounts to be applied toward liquidation of arrearage and (m)(9) by deleting provision re wage garnishment and added Subsec. (m)(12) re authority of family support magistrates to order participation in parenting education program in accordance with Sec. 46b-69b, amended Subsec. (s)(4) by adding provision in re right of review of support orders in IV-D cases every three years and more frequently if demonstrate substantial change in circumstances and deleted Subsec. (s)(5), and added new Subsec. (u)(2) re notice by Department of Social Services not less than once every three years of right to review support order in IV-D cases, effective July 1, 1997; July 21 Sp. Sess. P.A. 97-1 amended Subsec. (h) by deleting provisions re salary on and after January 1, 1993, and July 1, 1995, and by adding provisions re salary increases on and after October 1, 1997, and October 1, 1998, effective July 23, 1997; P.A. 98-197 amended Subsec. (h) by deleting provision re salary increases on and after July 1, 1996, designating existing Subdivs. (2) and (3) as Subdivs. (1) and (2), and adding new Subdiv. (3) increasing salary of Chief Family Support Magistrate to $81,952 and salary of other family support magistrates to $76,863, on and after October 1, 1999, effective July 1, 1998; P.A. 99-193 amended Subsec. (b)(4) by changing "Connecticut Child Support Enforcement Bureau" to "Bureau of Child Support Enforcement", redefined "foster care cases" in Subsec. (b)(8) and "IV-D support cases" in (b)(13) and made technical changes in Subsec. (b)(3) and (12), effective July 1, 1999, and amended Subsec. (s)(1) by adding provision re income withholdings ordered by the Superior Court and by making a technical change; June Sp. Sess. P.A. 99-1 added Subsec. (h)(4) and (5) re salary increases, effective July 1, 1999; P.A. 00-231 deleted Subsec. (h)(1) to (3), inclusive, renumbering Subdivs. (4) and (5) as (1) and (2), respectively, and adding new Subdiv. (3) re salary increases for Chief Family Support Magistrate, and other family support magistrates on and after April 1, 2002, effective January 3, 2001; P.A. 01-91 amended Subsec. (s)(1) by changing "the Support Enforcement Division" to "Support Enforcement Services", permitting support enforcement officers to issue order requiring party to appear before magistrate on action to modify support order, made a technical change in Subsec. (s)(3) and added "or custodial party" in Subsec. (s)(4); P.A. 03-89 added Subsec. (u)(1)(E) authorizing Department of Social Services to issue withholding orders entered by Superior Court or family support magistrate; P.A. 04-100 amended Subsec. (m) by making technical changes and adding Subdiv. (13) re issuance of writs of habeas corpus ad testificandum and amended Subsec. (s)(1) by adding provision re issuance of capias mittimus, added provisions in Subsec. (s)(4) re review of child support orders upon receipt of information indicating substantial change in circumstances or as necessary to comply with federal requirements and made technical and conforming changes; May Sp. Sess. P.A. 04-2 amended Subsec. (h) by deleting former Subdivs. (1) and (2) re salaries on and after April 1, 2000, and 2001, redesignating existing Subdiv. (3) re salaries on and after April 1, 2002, as new Subdiv. (1) and adding new Subdivs. (2) to (4) re salary increases for Chief Family Support Magistrate and other family support magistrates on and after January 1, 2005, 2006 and 2007, effective January 1, 2005; P.A. 05-288 made technical changes in Subsec. (m)(1) and (4), effective July 13, 2005; P.A. 06-149 amended Subsec. (m)(1), (7) and (9) to substitute "distributed as required by Title IV-D of the Social Security Act" for "paid to the state in TANF cases or the obligee in non-TANF cases", and made technical changes in Subsec. (m)(7), and, effective June 6, 2006, added Subsec. (u)(1)(F) re redirection of payments and notice thereof; P.A. 07-247 amended Subsec. (s)(1) by adding "or enforce medical support" and adding Subpara. (E) re issuance of National Medical Support Notice in accordance with Sec. 46b-88, and amended Subsec. (s)(2) by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w.

      See Sec. 52-56(d) re execution or service of capias mittimus in any precinct by state marshal of any precinct.

      Cited. 31 CA 114. Cited. 46 CA 1. Although Subsec. (q) authorizes Superior Court to intervene in a matter pending before family support magistrate, Superior Court does not have authority to vacate orders issued by family support magistrate in the absence of notice to the affected parties or an appeal filed pursuant to Subsec. (n). 103 CA 276.

      Cited. 42 CS 126; Id., 562.

      Subsec. (b):

      Subdiv. (15) cited. 213 C. 373.

      Cited. 52 CA 431.

      Subsec. (d):

      Cited. 222 C. 799.

      Subsec. (f):

      Cited. 222 C. 799.

      Subsec. (m):

      Subdiv. (4) cited. 213 C. 373. Cited. 222 C. 799.

      Subdiv. (7) cited. 37 CA 105. Subdiv. (5) cited re right to jury trial. 52 CA 431.

      Court has continuing power to enforce premajority support orders when child reaches age of majority. 45 CS 169.

      Subsec. (n):

      Cited. 213 C. 373. Cited. 222 C. 799. Cited. 229 C. 178.

      Cited. 36 CA 138. Subdiv. (2): Court declined to address defendant's claim that section is unconstitutional. " ... party cannot seek the relief provided in an ordinance or statute and later in the same proceeding raise the question of its constitutionality." 41 CA 803. Cited. Id., 803. Cited. 52 CA 431. Subdiv. (1): State's appeal to Superior Court was premature because there was no appealable final decision since family support magistrate had not yet rendered decision on motion to open or on child's standing to file the motion. 78 CA 848. Court was within its discretion to deny plaintiff's motion to introduce evidence relevant only to the original child support order in 1996 when the matter before the court concerned a later period. 83 CA 398.

      Cited. 44 CS 145.

      Subsec. (o):

      Cited. 229 C. 178.

      Cited. 36 CA 138.

      Subsec. (s):

      Support enforcement services have statutory authority to assist defendant in seeking enforcement of support order. 286 C. 291.

      Subsec. (t):

      State has statutory authority to provide legal services to support enforcement services. 286 C. 291.

      Subdiv. (2) cited. 36 CA 138. Subdiv. (3) cited. 41 CA 803.

      Duties imposed by section upon Attorney General and in Sec. 17b-179 upon Commissioner of Social Services provide standing for Department of Social Services in a probate appeal. 47 CS 42.


(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-232. Alteration or setting aside of support order by family support magistrate, when. A family support magistrate may alter or set aside (1) any order for payment of support issued by a family support magistrate at any time or (2) any order for payment of support issued by the superior court at any time upon referral of such order by the superior court.

      (P.A. 86-359, S. 34, 44.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-232a. Authority of family support magistrates re order for obligor's participation in program and suspension of or election not to impose support order. Reports. (a) In all IV-D support cases, family support magistrates shall have the authority to enter an order for the obligor's participation in an educational, training, skill-building, work, rehabilitation or other similar program, provided the family support magistrate finds that such an order will significantly increase the obligor's ability to fulfill the duty of support within a reasonable period of time. When such an order is entered, the family support magistrate shall also enter an order regarding the reporting of the obligor's compliance with such program.

      (b) Upon motion and after hearing, a family support magistrate may suspend payment of a specified support order, in whole or in part, or elect not to impose or order specified court-based enforcement actions, provided the obligor is participating in a program described in subsection (a) of this section.

      (c) On or before July 1, 2010, and on or before July 1, 2011, the Chief Court Administrator shall submit the reports of the Problem Solving in Family Matters Committee of the Judicial Branch detailing such committee's findings to the joint standing committee of the General Assembly having cognizance of matters relating to human services and the select committee of the General Assembly having cognizance of matters relating to children in accordance with section 11-4a.

      (P.A. 09-175, S. 2.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-233. Longevity payments. Each family support magistrate, who has completed not less than ten years of service as such magistrate, or other state service or service as an elected officer of the state, or any combination of such service, shall receive semiannual longevity payments based on such service completed as of the first day of July and the first day of January of each year as follows:

      (1) A family support magistrate who has completed ten or more years but less than fifteen years of service shall receive one-quarter of three per cent of the annual salary payable under subsection (h) of section 46b-231;

      (2) A family support magistrate who has completed fifteen or more years but less than twenty years of service shall receive one-half of three per cent of the annual salary payable under said subsection (h) of section 46b-231;

      (3) A family support magistrate who has completed twenty or more years but less than twenty-five years of service shall receive three-quarters of three per cent of the annual salary payable under said subsection (h) of section 46b-231; and

      (4) A family support magistrate who has completed twenty-five or more years of service shall receive three per cent of the annual salary payable under said subsection (h) of section 46b-231.

      (P.A. 89-360, S. 17, 45; P.A. 93-379, S. 6, 8.)

      History: P.A. 93-379 allowed credit for longevity purposes for any other state service or service as an elected official of the state or a combination of service, effective June 30, 1993.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-233a. Retirement of family support magistrates. Credit for prior service. Amounts used in determining salary. (a) Each family support magistrate who had elected under the provisions of subdivision (2) of subsection (i) of section 46b-231 shall, for retirement purposes, be entitled to credit for any or all the prior years of service accrued by him on June 22, 1992, while serving in the office of family support magistrate, provided such magistrate shall pay to the Comptroller five per cent of the salary for his office for each prior year of service he claims for retirement credit. Each such magistrate shall be entitled to have his retirement contributions to the state employees retirement system under chapter 66 credited toward the payment due for the prior year or years of service he claims for retirement credit under this section.

      (b) For purposes of determining both the retirement salary of family support magistrates and the allowance payable to their surviving spouses under subsection (b) of section 51-51, "salary" shall be composed of the total of the following amounts: The annual salary payable at the time of retirement or death, fixed in accordance with subsection (h) of section 46b-231; and for family support magistrates to whom a longevity payment has been made or is due and payable, in each case under section 51-51 (1) one and one-half per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed ten or more but less than fifteen years of service as a family support magistrate, (2) three per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed fifteen or more but less than twenty years of service as a family support magistrate, (3) four and one-half per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed twenty or more but less than twenty-five years of service as a family support magistrate, and (4) six per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed twenty-five or more years of service as a family support magistrate.

      (P.A. 92-226, S. 9, 16, 28.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-234. Report by the Attorney General to IV-D agency re performance standards. Section 46b-234 is repealed, effective June 23, 1999.

      (P.A. 90-213, S. 44, 56; May Sp. Sess. P.A. 94-5, S. 19, 30; P.A. 99-193, S. 15, 16.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-235. Applicability of sections in relation to any bargaining unit designation, award, settlement, benefit, existing employment practice or classification of any employee. The provisions of subsection (a) of section 4a-2, subsection (a) of section 4a-12, sections 17b-137, 17b-179, 17b-745, 46b-172, 46b-207, 46b-208, 46b-215, 46b-218, 46b-231 and 46b-235, subsection (a) of section 51-348a, subsection (d) of section 52-50, sections 52-259a, 52-362, 52-362c to 52-362f, inclusive, and 53-304 shall not be construed to alter, modify, impair or change existing collective bargaining agreements, any bargaining unit designation, award, settlement, benefit, existing employment practice or classification of any employee in the event of transfer from one division, bureau or agency or department to another division, agency or department.

      (P.A. 90-213, S. 45, 56; June 18 Sp. Sess. P.A. 97-1, S. 68, 75; P.A. 99-193, S. 14, 16.)

      History: June 18 Sp. Sess. P.A. 97-1 made technical changes, effective January 1, 1998; P.A. 99-193 deleted reference to Sec. 46b-234, effective June 23, 1999.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 46b-236. Family support referees. (a) Each family support magistrate who ceases or has ceased to hold office because of retirement other than under the provisions of section 5-169 or 51-49 and who is an elector and a resident of this state shall be a family support referee for the remainder of his term of office as a family support magistrate and shall be eligible for appointment as a family support referee during the remainder of his life in the manner prescribed by law for the appointment of a family support magistrate. Each such family support referee shall exercise the powers of a family support magistrate.

      (b) Each family support referee shall receive, for acting as a family support referee, in addition to the retirement salary, the sum of one hundred ninety dollars and expenses, including mileage, for each day a family support referee is so engaged.

      (May Sp. Sess. P.A. 94-6, S. 13, 28; P.A. 95-350; June Sp. Sess. P.A. 99-1, S. 39, 51; May Sp. Sess. P.A. 04-2, S. 11.)

      History: May Sp. Sess. P.A. 94-6 effective June 21, 1994; P.A. 95-350 amended Subsec. (a) by deleting requirement of written consent of parties for referral and replaced provision requiring referee to hear referred matters and report to court with provision granting family support referees powers of a family support magistrate; June Sp. Sess. P.A. 99-1 amended Subsec. (b) to increase per diem compensation from $160 to $180, effective July 1, 1999; May Sp. Sess. P.A. 04-2 amended Subsec. (b) by increasing per diem compensation to $190, effective January 1, 2005.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)