CHAPTER 816
SUPPORT

Table of Contents

Sec. 46b-207. (Formerly Sec. 17-354). Support services.
Sec. 46b-208. (Formerly Sec. 17-354a). Powers of support service investigators.
Sec. 46b-213d. Receipt, disbursement and redirection of support payments.
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-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. Validity of actions taken during vacancy.
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-225. Judicial marshal authorized to serve capias mittimus issued in child support matter.
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-233a. Retirement of family support magistrates. Credit for prior service. Amounts used in determining salary. Limitation on retirement salary.

PART I
UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT

      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-213w, inclusive, and may appoint such personnel as necessary for the proper administration of the nonjudicial functions of proceedings under sections 46b-212 to 46b-213w, 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; P.A. 11-214, S. 15.)

      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; P.A. 11-214 substituted references to Sec. 46b-213w for references to Sec. 46b-213v.

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      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-213w, 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; P.A. 11-214, S. 16.)

      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"; P.A. 11-214 substituted reference to Sec. 46b-213w for reference to Sec. 46b-213v.

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PART Ia
UNIFORM INTERSTATE FAMILY SUPPORT ACT

      Sec. 46b-213d. Receipt, disbursement and redirection of support payments. (a) The Bureau of Child Support Enforcement 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; P.A. 11-214, S. 17.)

      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; P.A. 11-214 amended Subsec. (a) to substitute "Bureau of Child Support Enforcement" for "Child Support Enforcement Bureau".

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      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 make available 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, and the address of the Bureau of Child Support Enforcement of the Department of Social Services to which such request may be sent; (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 Support Enforcement Services to which the claim form is to be sent in order to contest the validity or enforcement of the income withholding order; 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), (g) and (l) 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 Support Enforcement Services the claim form delivered to the obligor pursuant to subsection (b) of this section, signed by the obligor and containing the obligor's address and a copy of the income withholding order.

      (k) Upon receipt of a claim form contesting the validity or enforcement of an income withholding order, Support Enforcement Services shall: (1) Give notice of the contest to (A) the support enforcement agency providing services to the obligee; (B) each employer that has directly received an income withholding order relating to the obligor; (C) the person designated to receive payments in the income withholding order; and (D) if the obligee's address is known, the obligee; (2) file the claim form and a copy of the income withholding order on behalf of the obligor with the Family Support Magistrate Division; and (3) notify the person or agency that sent the income withholding order to file not less than ten days before the scheduled hearing: (A) Two copies, including one certified copy of the underlying support order, including any modification of such order; and (B) a sworn statement showing the amount of any arrearage together with the last court determination of an arrearage and an accounting of the arrearage since such determination.

      (l) Upon receipt of a claim form filed by Support Enforcement Services on behalf of the obligor in accordance with subsection (k) of this section, the clerk shall promptly enter the appearance of the obligor, schedule a hearing, and give notice of the hearing to the obligor, Support Enforcement Services, the party initiating the income withholding order, and, if the obligee's address is known, the obligee. The family support magistrate shall promptly hear and determine the claim and enter the family support magistrate's determination within forty-five days from the date of the filing of the claim form. The family support magistrate shall utilize the procedures set forth in sections 46b-213a to 46b-213c, inclusive, to obtain additional evidence and information as needed for a prompt determination on the claim. If the person or agency that sent the income withholding order fails to file the documents described in subdivision (3) of subsection (k) of this section or fails to comply with a reasonable request for information or documents made under section 46b-213b or 46b-213c, the family support magistrate may: (1) Continue the hearing for a period of not more than an additional forty-five days and direct Support Enforcement Services to provide such notice as may be appropriate; (2) order a temporary or partial stay of income withholding for a period not to exceed forty-five days; or (3) sustain the obligor's objection to the validity or enforcement of the income withholding order and enjoin the employer from complying with such order. In addition to any notice given by the clerk, upon entry of the decision of the family support magistrate on the claim, Support Enforcement Services 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.

      (m) 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.

      (n) 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; P.A. 11-219, S. 13.)

      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); P.A. 11-219 amended Subsec. (c) to substitute "make available" for "distribute" re notice and claim form, add provision re claim form to include address of bureau to which request may be sent in Subdiv. (6)(C) and delete reference to request for modification in Subdiv. (6)(F), amended Subsec. (e) to add exception re Subsec. (l), amended Subsec. (j) to delete provision re duty of obligor to deliver copy of claim form to employer, redesignated existing Subsec. (k) as Subsecs. (k) and (l), amended redesignated Subsec. (k) to insert new Subdiv. designators, delete provision re seven-day notification to employer of receipt of claim form, delete requirement that bureau cause withholding order to be registered in this state, require filing of copy of income withholding order, delete requirement to file with Support Enforcement Services on behalf of division and add provisions re notice to person or agency that sent withholding order, amended redesignated Subsec. (l) to make provisions applicable upon receipt of claim form filed by Support Enforcement Services on behalf of obligor under Subsec. (k), delete requirement that clerk proceed under Sec. 52-362(d), add requirement that magistrate utilize procedures in Secs. 46b-213a to 46b-213c to obtain evidence and information and add provisions re magistrate action re person who fails to file documents or comply with request for information or documents, redesignated existing Subsecs. (l) and (m) as Subsecs. (m) and (n), and substituted references to Support Enforcement Services for references to Bureau of Child Support Enforcement and made technical and conforming changes throughout.

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PART II
OBLIGATION OF RELATIVES

      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 for periods prior to the action. In the case of a child born out of wedlock whose parents have not intermarried, a parent's liability for such support shall be limited to the three years next preceding the filing of a petition or written agreement to support 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 for contempt 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 a judicial marshal to the extent authorized pursuant to section 46b-225, or any other 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-TFA 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) Except as provided in sections 46b-212 to 46b-213w, inclusive, 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. Except as provided in sections 46b-212 to 46b-213w, inclusive, 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 sections 46b-213o to 46b-213r, 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; P.A. 11-214, S. 18, 19; 11-219, S. 6, 14.)

      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); P.A. 11-214 amended Subsec. (b) to substitute "non-TFA" for "non-TANF" and make technical changes, and amended Subsec. (e) to add "Except as provided in sections 46b-212 to 46b-213w", substitute reference to Sec. 46b-213r for reference to Sec. 46b-213q and make technical changes; P.A. 11-219 amended Subsec. (a)(7)(A) to add "for periods" re prior to action, substitute "a parent's" for "the father's" re liability for support and add provision re support limitation for 3 years next preceding filing of written agreement to support, and amended Subsec. (a)(8)(C) to permit capias mittimus to be directed to a judicial marshal to extent authorized in Sec. 46b-225 and make technical changes.

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      Sec. 46b-215a. Commission for Child Support Guidelines. Duties. Members. Validity of actions taken during vacancy. (a) The Commission for Child Support Guidelines is established to issue child support and arrearage guidelines to ensure the appropriateness of criteria for the establishment of child support awards and to review and issue updated guidelines every four years. Such guidelines shall ensure, subject to section 46b-215c, that current support, health care coverage, child care contribution and orders of payment on any arrearage and past due support shall be based on the income of both parents and the obligor's ability to pay. Such guidelines shall also ensure the appropriateness of periodic payment orders on 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 on the 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.

      (b) The commission shall consist of eleven members as follows:

      (1) The Chief Court Administrator, or the Chief Court Administrator's designee;

      (2) The Commissioner of Social Services, or the commissioner's designee;

      (3) The Attorney General, or the Attorney General's designee;

      (4) The chairpersons and ranking members of the joint standing committee on judiciary, or their designees;

      (5) A representative of the Connecticut Bar Association, designated by the Connecticut Bar Association; and

      (6) Three members appointed by the Governor, one of whom represents an agency that delivers legal services to the poor, one of whom represents the financial concerns of child support obligors and one of whom represents the Permanent Commission on the Status of Women.

      (c) The Commissioner of Social Services shall convene the commission whenever a review is required to issue updated guidelines pursuant to subsection (a) of this section.

      (d) The chairperson of the commission shall be elected by the members of the commission. A vacancy on the commission at any time shall not invalidate any actions taken by the commission during such vacancy, provided at least nine members of the commission are serving at the time of such action.

      (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; P.A. 11-214, S. 20.)

      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; P.A. 11-214 divided existing provisions into Subsecs. (a), (b) and (d), amended Subsec. (a) to revise provisions re guidelines, add "arrearage" re guidelines, delete references to Sec. 8 of P.A. 85-548, October 1, 1993, and January 1, 1992, provide that guidelines ensure, subject to Sec. 46b-215c, that current support, health care coverage, child care contribution and orders of payment be based on income of both parents, and make technical changes, amended Subsec. (b) to add Subdiv. designators and make technical changes, added Subsec. (c) to require Commissioner of Social Services to convene commission when review is required to issue updated guidelines, and amended Subsec. (d) to provide that a vacancy on commission shall not invalidate actions taken during vacancy if at least nine members are serving.

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      Sec. 46b-215b. Guidelines to be used in determination of amount of support and payment on arrearages and past-due support. (a) The child support and arrearage guidelines issued pursuant to section 46b-215a, adopted as regulations pursuant to section 46b-215c, and in effect on the date of the support determination shall be considered in all determinations of child support award amounts, including any current support, health care coverage, child care contribution and 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 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 the deviation 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 and arrearage 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; P.A. 11-214, S. 21.)

      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; P.A. 11-214 amended Subsec. (a) to add provisions re arrearage guidelines issued pursuant to Sec. 46b-215a and adopted as regulations pursuant to Sec. 46b-215c, to include current support, health care coverage and child care contributions in determinations of child support award amounts, to add reference to deviation criteria re guidelines under Sec. 46b-215a and to make technical changes, and amended Subsec. (c) to add "arrearage" re guidelines.

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      Sec. 46b-215c. Guidelines to be approved by legislative regulation review committee. (a) Notwithstanding the provisions of sections 46b-215a and 46b-215b, updated child support and arrearage 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 such guidelines pursuant to the provisions of this section.

      (P.A. 91-209, S. 1, 2; P.A. 92-253, S. 2; P.A. 11-214, S. 22.)

      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"; P.A. 11-214 amended Subsec. (a) to substitute reference to Sec. 46b-215a for reference to Sec. 46b-215 and add "arrearage" re guidelines, and amended Subsec. (b) to make a technical change.

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      Sec. 46b-225. Judicial marshal authorized to serve capias mittimus issued in child support matter. Any judicial marshal may serve a capias mittimus on any person who is in the custody of the marshal or is in a courthouse where the marshal provides courthouse security if such capias mittimus was issued in a child support matter by (1) a court or a family support magistrate pursuant to subdivision (8) of subsection (a) of section 17b-745 or subparagraph (C) of subdivision (8) of subsection (a) of section 46b-215; or (2) a family support magistrate pursuant to subdivision (1) of subsection (m) of section 46b-231.

      (P.A. 11-219, S. 18.)

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PART III
FAMILY SUPPORT MAGISTRATE'S ACT

      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-213w, 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" means 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" means both statutory and common 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, established pursuant to 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" means cases in which the IV-D agency is providing child support enforcement services under Title IV-D of the Social Security Act pursuant to (A) an application under subsection (h) of section 17b-179, or (B) referral of a (i) temporary family assistance case under section 17b-112, which for the purposes of this section may be referred to as "TFA", (ii) a Medicaid case under section 17b-261, or (iii) a foster care case 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 or another state's administrative agency 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 of the 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 by the Governor upon completion of each term of office. To be eligible for appointment, a family support magistrate must have engaged in the practice of law for five years prior to appointment and shall be experienced in the field of family law. The family support magistrate shall devote full time to the duties of 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-213w, 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 section 17b-745, 46b-172 or 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 judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest the obligor or the witness and bring the obligor or witness 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 the obligor 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) (A) 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-213w, inclusive, and shall hear and determine all motions for modifications of child and spousal support in such cases.

      (B) 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.

      (C) 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 disapprove 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, the reason for disapproval shall be stated in the record and such disapproval shall have a retroactive effect. Upon such disapproval, the clerk shall schedule a hearing for the purpose of determining appropriate support amounts and shall notify all appearing parties of the hearing date.

      (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 in IV-D support cases and cases under sections 46b-212 to 46b-213w, inclusive. 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, (E) issuance of a National Medical Support Notice in accordance with section 46b-88, and (F) taking of acknowledgements of parties to agreements incident to the duties under subdivision (4) of this subsection;

      (2) In non-TFA 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-TFA 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 TFA 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. 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-213w, inclusive, provide necessary legal services on behalf of the support enforcement agency in providing services to a petitioner; and

      (3) Represent the IV-D agency in providing support enforcement services in non-TFA 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; P.A. 11-214, S. 23-28; 11-219, S. 7, 8, 15, 16.)

      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; P.A. 11-214 substituted references to Sec. 46b-213w for references to Sec. 46b-213v in Subsecs. (b)(6), (l), (m)(2) and (t)(2), amended Subsec. (b) to redefine "IV-D support cases" in Subdiv. (13) and redefine "support order" in Subdiv. (14), amended Subsec. (m)(2) to divide existing provisions into Subparas. (A), (B) and (C), amended Subsec. (s) to replace "made by a family support magistrate" with "in IV-D support cases and cases under sections 46b-212 to 46b-213w, inclusive" in Subdiv. (1), to substitute "non-TFA" for "non-TANF" in Subdivs. (2) and (4), and to substitute "TFA" for "TANF" in Subdiv. (4), amended Subsec. (t)(3) to substitute "non-TFA" for "non-TANF", and made technical changes in Subsecs. (b), (f), (m)(2) and (t); P.A. 11-219 amended Subsec. (m)(1) to add provision authorizing magistrate to issue capias directed to judicial marshal to extent authorized in Sec. 46b-225 and to make technical changes, amended Subsec. (m)(3) to substitute "disapprove" for "modify" re agreements for support in IV-D support cases, amended Subsec. (m)(6) to add provisions requiring that reason for disapproval be stated in the record and that, upon disapproval, clerk schedule hearing to determine support amounts and notify parties, and amended Subsec. (s)(1) to add Subpara. (F) re authority of support enforcement officers to take acknowledgements incident to duties under Subdiv. (4).

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      Sec. 46b-233a. Retirement of family support magistrates. Credit for prior service. Amounts used in determining salary. Limitation on retirement 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 average annual salary for the five years next preceding his or her retirement 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.

      (c) Notwithstanding any provision of the general statutes, on or after September 2, 2011, the retirement salary of such judge, family support magistrate or compensation commissioner shall not exceed the limits of Section 415 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.

      (P.A. 92-226, S. 9, 16, 28; P.A. 11-61, S. 150; June Sp. Sess. P.A. 11-1, S. 12, 16.)

      History: P.A. 11-61 amended Subsec. (b) to redefine "salary" by replacing "annual salary" with "average annual salary for the five years next preceding his or her retirement" and added Subsec. (c) re limitation on amount of retirement salary on or after September 2, 2011, effective upon approval by the General Assembly of the agreement between the state and the State Employees Bargaining Agent Coalition, signed by both parties on May 27, 2011, pursuant to P.A. 11-61, S. 165; June Sp. Sess. P.A. 11-1 provided that P.A. 11-61, S. 150, shall take effect upon approval by the General Assembly of an agreement between the state and the State Employees Bargaining Agent Coalition described in P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, effective July 1, 2011, and further provided that P.A. 11-61, S. 150, is repealed, effective September 1, 2011, if an agreement between the state and the State Employees Bargaining Agent Coalition has not been approved pursuant to P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, by September 1, 2011 (Revisor's note: The agreement between the state and the State Employees Bargaining Agent Coalition referenced in June Sp. Sess. P.A. 11-1, S. 12, 16, was deemed approved by the General Assembly on August 22, 2011, pursuant to P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, S. 11).

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