Senate Bill No. 3001
Senate Bill No. 3001
June 18 Special Session, PUBLIC ACT NO. 97-7
AN ACT CONCERNING CHILD SUPPORT REFORM.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 4a-18 of the general
statutes is repealed and the following is
substituted in lieu thereof:
To assist in locating parents who have
deserted their children and other persons liable
for support of dependents, the Commissioner of
Administrative Services, the Commissioner of
Public Safety or the Commissioner of Social
Services may request and shall receive information
from the records of all departments, boards,
bureaus or other agencies, INCLUDING LAW
ENFORCEMENT AGENCIES of this state and the same
are authorized and required to provide such
information promptly as is necessary for this
purpose, provided, only information directly
bearing on the identity and whereabouts of a
person owing or asserted to be owing an obligation
of support shall be furnished by such departments,
boards, bureaus or other agencies as requested and
used or transmitted by the Commissioner of
Administrative Services, the Commissioner of
Public Safety or the Commissioner of Social
Services pursuant to the authority conferred by
this section. The Commissioner of Social Services,
acting by [the Connecticut child support
enforcement unit of the Department of Social
Services] AND THROUGH THE IV-D AGENCY, may make
such information available only to FEDERAL
AGENCIES AND public officials and agencies of this
state, other states and the political subdivisions
of this state and other states seeking to locate
parents who have deserted their children and other
persons liable for support of dependents for the
purpose of enforcing their liability for support.
Sec. 2. Section 7-42 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Each registrar of vital statistics shall
ascertain as accurately as he can all marriages
and deaths, and all births, upon the affidavit of
the father or mother, occurring in his town, and
record the same in a book or books kept by him for
that purpose, in such form and with such
particulars as are prescribed by the Department of
Public Health. He shall give licenses to marry,
according to provisions of law; shall make and
perfect all records of the birth and death of the
persons born or deceased in his town, and, when
any birth or death happens of which no certificate
is returned to him, shall obtain the information
required by law respecting such birth or death. HE
SHALL INCLUDE THE SOCIAL SECURITY NUMBERS OF BOTH
PERSONS ON ALL MARRIAGE LICENSES. He shall
distribute to all persons in his town who, in his
judgment, are likely to need them, blank forms for
the certificates and returns required by law to be
made to him; shall amend or correct such
certificates and the records thereof whenever he
discovers errors upon the face thereof, and shall
insert or supply therein omissions of facts
existing at the time of the recording of such
certificates except that all errors or omissions
concerned with questions of parentage shall be
within the sole jurisdiction of the Department of
Public Health as provided in section 19a-42, AS
AMENDED BY SECTION 12 OF THIS ACT; and shall keep
the records of his office, when a fire-proof safe
is not provided for his use, in the vaults
provided for the land records of his town. He may,
with the approval of the Department of Public
Health, store any records not in current use in a
location other than his office or said vaults,
provided such location shall be approved by the
Public Records Administrator, and provided such
location is within the limits of such town. He
shall, on or before the seventh day of each month,
send to the Commissioner of Public Health an
attested copy of each certificate of death
received by him for the calendar month next
preceding or a notification that no such
certificate has been received and on or before the
fifteenth day of every month an attested copy of
each certificate of birth and of each certificate
of marriage received by him for the month next
preceding or a notification that no such
certificate has been received. Both such
notifications shall be in a form prescribed by the
Department of Public Health. The registrar shall
also transmit from time to time to said
commissioner an attested copy of all other
certificates of births, marriages and deaths which
he acquires in amending or completing his records.
The copy shall be made in a form prescribed by the
Department of Public Health and upon blanks
provided by said department. Copies of
certificates of births, marriages and deaths,
transmitted to said commissioner as required in
this section, shall be plain and legible
transcripts of the certificates. If a transcript
is illegible, in the opinion of the commissioner,
he shall require of the registrar another copy
legibly transcribed. When a registrar having
custody of an original of a certificate of birth,
marriage or death corrects the certificate, he
shall, within ten days, forward an amended
certificate to any registrar having a copy of the
certificate. Each registrar shall inscribe upon
the back of each certificate of birth, marriage or
death received for record the date of its
reception. Each registrar of vital statistics
shall also transmit to the registrars of voters
for his town a notice of the death of any person
seventeen years of age or older, at the same time
the registrar transmits the attested copy of the
certificate of death for such person to the
Commissioner of Public Health under this section.
Sec. 3. Section 7-48 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Not later than ten days after each live
birth which occurs in this state, a birth
certificate shall be filed with the registrar of
vital statistics in the town in which the birth
occurred and the certificate shall be registered
if properly filed. On and after January 1, 1994,
each hospital with two hundred or more live births
in calendar year 1990, or any subsequent calendar
year, shall electronically transmit birth
information data to the Department of Public
Health in a computer format approved by said
department. Each birth certificate shall contain
such information as the Department of Public
Health may require. Medical and health information
which is required by the department, INCLUDING
INFORMATION REGARDING VOLUNTARY ACKNOWLEDGMENTS OF
PATERNITY AND WHETHER THE CHILD WAS BORN OUT OF
WEDLOCK, shall be recorded on a confidential
portion of the certificate to be sent directly to
the department for statistical and health
purposes. This confidential portion shall be
destroyed at the end of three years. The
department shall give due consideration to
national uniformity in vital statistics in
prescribing the form and content of such
certificate.
(b) When a birth occurs in an institution or
en route thereto, the person in charge of the
institution or his designated representative shall
complete the certificate, secure the signatures
required and file the certificate with the
registrar of vital statistics in the town in which
the birth occurred, not later than ten days after
such birth. The physician in attendance shall
provide the medical information required by the
certificate and certify to the fact of birth not
later than seventy-two hours after the birth. If
the physician does not certify to the fact of
birth within such time period, the person in
charge of the institution shall complete and sign
the certificate.
(c) When a birth occurs outside an
institution, the certificate shall be prepared and
filed by the physician or midwife in attendance at
or immediately after the birth or, in the absence
of such a person, by the father or mother.
(d) When a birth occurs in a moving conveyance
and the child is first removed from the conveyance
in this state, the birth shall be registered in
this state and the place where the child is first
removed shall be considered the place of birth.
Sec. 4. Section 7-50 of the general statutes
is repealed and the following is substituted in
lieu thereof:
No certificate of birth shall contain any
specific statement that the child was born in or
out of wedlock or reference to illegitimacy of the
child or to the marital status of the mother,
[The] EXCEPT THAT INFORMATION ON WHETHER THE CHILD
WAS BORN IN OR OUT OF WEDLOCK AND THE MARITAL
STATUS OF THE MOTHER SHALL BE RECORDED ON A
CONFIDENTIAL PORTION OF THE CERTIFICATE PURSUANT
TO SECTION 7-48, AS AMENDED BY SECTION 3 OF THIS
ACT. UPON THE FILING OF A VOLUNTARY ACKNOWLEDGMENT
OR ADJUDICATION OF PATERNITY IN THE PATERNITY
REGISTRY MAINTAINED BY THE DEPARTMENT OF PUBLIC
HEALTH, AS REQUIRED BY SECTION 6 OF THIS ACT, THE
name of the father of a child born out of wedlock
[may] SHALL be entered in or upon the birth
certificate or birth record of such child. [with
the written consent of the father and the mother.
In any case in which paternity of a child is
determined by a court of competent jurisdiction,
the name of the father and surname of the child
shall be entered on the birth certificate in
accordance with the order of the court.]
THEREAFTER, THE NAME OF THE FATHER ON SUCH
CERTIFICATE OR RECORD SHALL BE REMOVED OR CHANGED
ONLY UPON THE FILING OF A RESCISSION IN SUCH
REGISTRY, AS PROVIDED IN SECTION 6 OF THIS ACT, OR
UPON THE ORDER OF A COURT OF COMPETENT
JURISDICTION. The social security number of the
father of a child born out of wedlock may be
entered in or upon the birth certificate or birth
record of such child if such disclosure is done in
accordance with 5 USC 552a note.
Sec. 5. Subsection (b) of section 7-62b of the
general statutes is repealed and the following is
substituted in lieu thereof:
(b) The licensed funeral director or licensed
embalmer in charge of the burial of the deceased
person shall complete the death certificate on a
form provided by the Department of Public Health
and shall file it in accordance with the
provisions of this section, except when inquiry is
required by the Chief Medical Examiner's Office,
in which case the death certificate shall be filed
in accordance with section 19a-409. THE SOCIAL
SECURITY NUMBER OF THE DECEASED PERSON SHALL BE
RECORDED ON SUCH CERTIFICATE. Such licensed
funeral director or licensed embalmer shall obtain
the personal data from the next of kin or the best
qualified person or source available and shall
obtain a medical certification from the person
responsible therefor, in accordance with the
provisions of this section. Only a licensed
embalmer may assume charge of the burial of a
deceased person who died from a communicable
disease, as designated in the Public Health Code,
and such licensed embalmer shall file the death
certificate and a certificate signed and sworn to
by himself or another licensed embalmer stating
that the body has been disinfected in accordance
with the Public Health Code.
Sec. 6. (NEW) All (1) voluntary
acknowledgements of paternity and rescissions of
such acknowledgements executed in accordance with
subsection (a) of section 46b-172 of the general
statutes, as amended by section 23 of this act,
and (2) adjudications of paternity issued by a
court or family support magistrate under section
46b-171 of the general statutes, as amended by
section 22 of this act, section 46b-172a of the
general statutes, as amended by section 24 of this
act, or any other provision of the general
statutes shall be filed in the paternity registry
maintained by the Department of Public Health. All
information in such registry shall be made
available to the IV-D agency, as defined in
subdivision (12) of subsection (b) of section
46b-231 of the general statutes, as amended by
sections 26 and 36 of this act, for comparison
with information in the state case registry
established under subsection (l) of section
17b-179 of the general statutes, as amended by
section 10 of this act.
Sec. 7. Section 17b-27 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Each hospital or other institution where
births occur shall develop a protocol for a
hospital-based voluntary acknowledgment of
paternity program as provided in regulations
adopted pursuant to subsection (b) of this
section, which shall be consistent with the
provisions of SUBSECTION (a) OF section 46b-172,
AS AMENDED BY SECTION 23 OF THIS ACT. Such
protocol shall assure that the participants are
informed, are competent to understand and agree to
an affirmation or acknowledgement of paternity,
and that any such affirmation or acknowledgement
is voluntary and free from coercion.
(b) The Commissioner of Social Services shall
adopt regulations in accordance with chapter 54 to
implement the provisions of SUBSECTION (a) OF this
section. Such regulations shall include, but not
be limited to, provisions (1) to assure that
affirmations of paternity by the mother and
acknowledgments of paternity by the putative
father are voluntary and free from coercion and
(2) to establish the contents of notices which
shall be provided to the mother and to the
putative father before affirmation or
acknowledgement. The notice to the mother shall
include, but not be limited to, notice that the
affirmation of paternity may result in rights of
custody and visitation, as well as a duty of
support, in the person named as the father. The
notice to the putative father shall include, but
not be limited to, notice that he has the right to
contest paternity, including the right to
appointment of counsel, a genetic test to
determine paternity, and A trial by [jury] THE
SUPERIOR COURT OR A FAMILY SUPPORT MAGISTRATE, and
that acknowledgement of paternity will make him
liable for the financial support of the child
until the child's eighteenth birthday. In no event
shall the mother's failure to sign an affirmation
of paternity in the hospital be considered
noncooperation with the establishment of support
for the purposes of eligibility for [aid to
families with dependent children] TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES.
(c) THE DEPARTMENT OF PUBLIC HEALTH SHALL
ESTABLISH A VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
SYSTEM CONSISTENT WITH THE PROVISIONS OF
SUBSECTION (a) OF SECTION 46b-172, AS AMENDED BY
SECTION 23 OF THIS ACT.
Sec. 8. Section 17b-90 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The commissioner shall make regulations
necessary to enable him to carry out the
provisions of sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808, including any
regulations necessary for receiving grants from
the federal government to this state if the
absence of any such regulation would result in the
loss of such grants and regulations governing the
custody and use of the records, papers, files and
communications concerning persons applying for or
receiving assistance under said sections. When
names and addresses of recipients of such
assistance are required by law to be furnished to
or held by any other government agency, such
agency shall adopt regulations to prevent the
publication of lists thereof or their use for
purposes not directly connected with the
administration of said sections.
(b) No person shall, except for purposes
directly connected with the administration of
programs of the Department of Social Services and
in accordance with the regulations of the
commissioner, solicit, disclose, receive or make
use of, or authorize, knowingly permit,
participate in or acquiesce in the use of, any
list of the names of, or any information
concerning, persons applying for or receiving
assistance from the Department of Social Services
or persons participating in a program administered
by said department, directly or indirectly derived
from the records, papers, files or communications
of the state or its subdivisions or agencies, or
acquired in the course of the performance of
official duties; provided the state Department of
Social Services shall disclose (1) to any
authorized representative of the Commissioner of
Administrative Services or the Commissioner of
Public Safety such information as the state
Commissioner of Social Services determines is
directly related to and necessary for the
Department of Administrative Services or the
Department of Public Safety for purposes of
performing their functions of collecting social
services recoveries and overpayments or amounts
due as support in social services cases,
investigating social services fraud or locating
absent parents of public assistance recipients; or
(2) to any authorized representative of the
Commissioner of Children and Families the address
and telephone number of a child or the immediate
family of a child receiving services from the
Department of Social Services if the Commissioner
of Children and Families has determined that
imminent danger to such child's health, safety or
welfare exists; and provided no such
representative shall disclose any information
obtained thereby except to carry out such purpose.
(c) IN IV-D SUPPORT CASES, AS DEFINED IN
SUBDIVISION (13) OF SUBSECTION (b) OF SECTION
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, IN ADDITION TO THE PROHIBITIONS OF SUBSECTION
(b) OF THIS SECTION, NO INFORMATION SHALL BE
RELEASED CONCERNING THE WHEREABOUTS OF ONE PARTY
TO ANOTHER PARTY (1) AGAINST WHOM A PROTECTIVE
ORDER, A RESTRAINING ORDER OR A STANDING CRIMINAL
RESTRAINING ORDER WITH RESPECT TO THE FORMER PARTY
IS IN EFFECT, OR (2) IF THE DEPARTMENT HAS REASON
TO BELIEVE THAT THE RELEASE OF THE INFORMATION MAY
RESULT IN PHYSICAL OR EMOTIONAL HARM TO THE FORMER
PARTY.
[(c)] (d) The Commissioner of Social Services
shall provide written notice to a person applying
for or receiving assistance from the Department of
Social Services or a person participating in a
program administered by said department that such
person's address and telephone number may be
provided to the Department of Children and
Families pursuant to subdivision (2) of subsection
(b) of this section.
[(d)] (e) Penalties prescribed by subsection
(b) of section 17b-97 shall apply to violations of
this section.
Sec. 9. Section 17b-137 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person who has in his possession or
control any property of any person applying for or
presently or formerly receiving aid or care OR
CHILD SUPPORT ENFORCEMENT SERVICES, AS DEFINED IN
SUBDIVISION (2) OF SUBSECTION (b) OF SECTION
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, from the state or who is indebted to such
applicant or recipient or has knowledge of any
insurance, including health insurance or property
currently or formerly belonging to him, or
information pertaining to eligibility for such aid
or care OR SERVICES, and any officer who has
control of the books and accounts of any
corporation which has possession or control of any
property belonging to any person applying for or
receiving such aid or care OR SERVICES or who is
indebted to him, or has knowledge of any
insurance, including health insurance or any
person having in his employ any such person,
shall, upon presentation by the Commissioner of
Social Services, or the Commissioner of
Administrative Services, or the Commissioner of
Public Safety, or a support enforcement officer of
the Superior Court, or any person deputized by any
of them, of a certificate, signed by him, stating
that such applicant, recipient or employee has
applied for or is receiving or has received SUCH
aid or care OR SERVICES from the state, make full
disclosure to said commissioner, such officer or
such deputy of any such property, insurance,
wages, indebtedness or information. At the request
of the Commissioner of Social Services, insurance
companies licensed to do business in Connecticut
shall be required, when compatible data elements
are available, to conduct automated data matches
to identify insurance coverage for recipients and
the parents of recipients who are minors. Upon
completion of such matches the commissioner shall
reimburse such companies for the reasonable
documented costs of conducting the matches. Such
disclosure may be obtained in like manner of the
property, wages or indebtedness of any person
liable for the support of any such applicant or
recipient, including the parents of any child
receiving aid OR SERVICES under the provisions of
sections 17a-90 to 17a-124, inclusive, 17a-145 to
17a-155, inclusive, 17a-175 to 17a-185, inclusive,
17b-179, AS AMENDED BY SECTION 10 OF THIS ACT, and
46b-151 to 46b-151g, inclusive, or one adjudged or
acknowledged to be the father of an illegitimate
child. Any company or any officer who has control
of the books and accounts of any corporation shall
make full disclosure to the IV-D AGENCY, AS
DEFINED IN SUBSECTION (12) OF SUBSECTION (b) OF
SECTION 46b-231, AS AMENDED BY SECTIONS 26 AND 36
OF THIS ACT, OR TO THE support enforcement officer
of the Superior Court of any such property, wages
or indebtedness in all support cases, INCLUDING
IV-D SUPPORT CASES, AS DEFINED IN SUBDIVISION (13)
OF SUBSECTION (b) OF SECTION 46b-231, AS AMENDED
BY SECTIONS 26 AND 36 OF THIS ACT. The
Commissioner of Social Services, the Commissioner
of Administrative Services, the Commissioner of
Public Safety or a support enforcement officer of
said court, or any person deputized by any of
them, may compel, by subpoena, the attendance and
testimony under oath of any person who refuses to
disclose in accordance with the provisions of this
section, or of any person liable for the support
of any such applicant or recipient who refuses to
disclose his own financial circumstances, and may
so compel the production of books and papers
pertaining to such information. The Commissioner
of Social Services may subpoena the financial
records of any financial institution concerning
property of any person applying for or presently
or formerly receiving aid or care from the state
or who is indebted to such applicant or recipient.
The Commissioner of Social Services may subpoena
such records of any parent or parents of any child
applying for or presently or formerly receiving
assistance under the provisions of sections
17b-22, 17b-180 to 17b-183, inclusive, 17b-807 and
17b-808. The commissioner, or a support
enforcement officer of said court, or the person
deputized by him shall set a time and place for
such examination, and any person summoned who,
without reasonable excuse, fails to appear and
testify or to produce such books and papers shall
be fined fifty dollars for each such offense.
(b) (1) NOTWITHSTANDING ANY PROVISIONS OF THE
GENERAL STATUTES TO THE CONTRARY, THE IV-D AGENCY
SHALL HAVE ACCESS, INCLUDING AUTOMATED ACCESS IN
THE CASE OF RECORDS MAINTAINED IN AUTOMATED DATA
BASES, TO INFORMATION CONTAINED IN THE FOLLOWING:
(A) RECORDS OF OTHER STATE AND LOCAL
GOVERNMENT AGENCIES, INCLUDING: (i) VITAL
STATISTICS, INCLUDING RECORDS OF MARRIAGE, BIRTH,
DEATH AND DISSOLUTION OF MARRIAGE; (ii) STATE AND
LOCAL TAX AND REVENUE RECORDS, INCLUDING
INFORMATION ON RESIDENCE ADDRESS, EMPLOYER, INCOME
AND ASSETS; (iii) RECORDS CONCERNING REAL AND
TITLED PERSONAL PROPERTY; (iv) RECORDS OF
OCCUPATIONAL AND PROFESSIONAL LICENSES AND RECORDS
CONCERNING THE OWNERSHIP AND CONTROL OF
CORPORATIONS, PARTNERSHIPS AND OTHER BUSINESS
ENTITIES; (v) EMPLOYMENT SECURITY RECORDS; (vi)
RECORDS OF AGENCIES ADMINISTERING PUBLIC
ASSISTANCE PROGRAMS; (vii) RECORDS OF THE
DEPARTMENT OF MOTOR VEHICLES; AND (viii) RECORDS
OF THE DEPARTMENT OF CORRECTION.
(B) CERTAIN RECORDS HELD BY PRIVATE ENTITIES
WITH RESPECT TO INDIVIDUALS WHO OWE OR ARE OWED
SUPPORT, OR AGAINST OR WITH RESPECT TO WHOM A
SUPPORT ORDER IS SOUGHT, CONSISTING OF: (i) THE
NAMES AND ADDRESSES OF SUCH INDIVIDUALS AND THE
NAMES AND ADDRESSES OF THE EMPLOYERS OF SUCH
INDIVIDUALS, AS APPEARING IN CUSTOMER RECORDS OF
PUBLIC UTILITIES AND CABLE TELEVISION COMPANIES,
PURSUANT TO A SUBPOENA ISSUED UNDER SUBSECTION (a)
OF THIS SECTION; AND (ii) INFORMATION, INCLUDING
INFORMATION ON ASSETS AND LIABILITIES, ON SUCH
INDIVIDUALS HELD BY FINANCIAL INSTITUTIONS.
(2) (A) THE IV-D AGENCY SHALL SAFEGUARD ALL
INFORMATION SECURED BY OR MADE AVAILABLE TO IT
PURSUANT TO SUBDIVISION (1) OF THIS SUBSECTION AND
SHALL NOT FURTHER DISCLOSE ANY SUCH INFORMATION
EXCEPT IN CONNECTION WITH THE ADMINISTRATION OF
THE TITLE IV-D PROGRAM.
(B) ANY ENTITY THAT PROVIDES ACCESS TO OR
DISCLOSES ANY INFORMATION IN ACCORDANCE WITH THIS
SUBSECTION SHALL BE RELIEVED OF ANY LIABILITY TO
ANY PERSON FOR ANY SUCH PROVISION OR DISCLOSURE.
(c) (1) THE IV-D AGENCY AND FINANCIAL
INSTITUTIONS, AS DEFINED IN SECTION 469A(d)(1) OF
THE SOCIAL SECURITY ACT, DOING BUSINESS IN THIS
STATE SHALL ENTER INTO AGREEMENTS TO DEVELOP AND
OPERATE A DATA MATCH SYSTEM, USING AUTOMATED DATA
EXCHANGES TO THE MAXIMUM EXTENT FEASIBLE, IN WHICH
EACH SUCH FINANCIAL INSTITUTION IS REQUIRED TO
PROVIDE FOR EACH CALENDAR QUARTER THE NAME, RECORD
ADDRESS, SOCIAL SECURITY NUMBER OR OTHER TAXPAYER
IDENTIFICATION NUMBER AND OTHER IDENTIFYING
INFORMATION FOR EACH NONCUSTODIAL PARENT WHO
MAINTAINS AN ACCOUNT AT SUCH INSTITUTION AND WHO
OWES PAST-DUE SUPPORT, AS IDENTIFIED BY THE IV-D
AGENCY BY NAME AND SOCIAL SECURITY NUMBER OR OTHER
TAXPAYER IDENTIFICATION NUMBER. UPON COMPLETION OF
SUCH MATCHES, THE COMMISSIONER SHALL REIMBURSE
SUCH FINANCIAL INSTITUTIONS FOR THE REASONABLE
DOCUMENTED COSTS OF CONDUCTING THE MATCHES. FOR
THE PURPOSES OF THIS SECTION, "ACCOUNT" MEANS A
DEMAND DEPOSIT ACCOUNT, CHECKING OR NEGOTIABLE
WITHDRAWAL ORDER ACCOUNT, SAVINGS ACCOUNT, TIME
DEPOSIT ACCOUNT OR MONEY-MARKET MUTUAL FUND
ACCOUNT.
(2) A FINANCIAL INSTITUTION SHALL NOT BE
LIABLE TO ANY PERSON FOR (A) DISCLOSING
INFORMATION TO THE IV-D AGENCY PURSUANT TO THIS
SUBSECTION, (B) ENCUMBERING OR SURRENDERING ANY
ASSETS HELD BY SUCH INSTITUTION IN RESPONSE TO A
NOTICE ISSUED UNDER SUBSECTIONS (d) AND (e) OF
SECTION 52-362d, AS AMENDED BY SECTION 29 OF THIS
ACT, OR (C) ANY OTHER ACTION TAKEN IN GOOD FAITH
TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION (1)
OF THIS SUBSECTION.
Sec. 10. Section 17b-179 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There is created within the Department of
Social Services the Bureau of Child Support
Enforcement. The bureau shall be administered by a
director and shall act as the single and separate
organizational unit to coordinate, plan and
publish the state child support enforcement plan
for the implementation of Title IV-D of the Social
Security Act, as amended, as required by federal
law and regulations. The bureau shall provide for
the development and implementation of all child
support services, including the administration of
withholding of earnings, in accordance with the
provisions of Title IV-D of the Social Security
Act, as amended.
(b) The Commissioner of Social Services shall,
in the manner provided in section 17b-81,
investigate the financial condition of the parent
or parents of: (1) Any child applying for or
receiving assistance under the provisions of
sections 17b-22, 17b-180 to 17b-183, inclusive,
17b-807 and 17b-808, and (2) any child seeking
IV-D child support enforcement services, and (3)
any child committed to the care of the
Commissioner of Children and Families who is
receiving payments in the aid to families with
dependent children foster care program, and shall
determine the financial liability of such parent
or parents for the child. The Bureau of Child
Support Enforcement shall have authority, upon
notice to the obligor AND OBLIGEE, to redirect
payments for the support of all such children to
the state of Connecticut, provided, upon
discontinuance of public assistance, payments
shall be distributed to the family.
(c) The Connecticut Child Support Enforcement
Bureau shall enter into cooperative agreements
with appropriate officials of the Judicial
Department and law enforcement officials to assist
in administering the child support enforcement
plan and with respect to other matters of common
concern in the area of child support enforcement.
Officers of the Judicial Department and law
enforcement officials authorized and required to
enter into cooperative agreements with the
Connecticut Child Support Enforcement Bureau
include, but are not limited to, the officials of
the Superior Court and the Attorney General. Such
cooperative agreements shall contain performance
standards to address the mandatory provisions of
both state and federal laws and federal
regulations concerning child support.
(d) The Connecticut Child Support Enforcement
Bureau shall have authority to determine on a
periodic basis whether any individuals who owe
child support obligations are receiving
unemployment compensation. In IV-D cases, the
bureau may authorize the collection of any such
obligations owed by an individual receiving
unemployment compensation through an agreement
with the individual or a court order pursuant to
section 52-362, AS AMENDED BY SECTION 28 OF THIS
ACT, under which a portion of the individual's
unemployment compensation is withheld and
forwarded to the [Bureau of Collection Services]
STATE AGENCY ACTING BY AND THROUGH THE IV-D
AGENCY. As used in this section, the term
"unemployment compensation" means any compensation
payable under chapter 567, including amounts
payable by the administrator of the unemployment
compensation law pursuant to an agreement under
any federal law providing for compensation,
assistance or allowances with respect to
unemployment.
(e) The Child Support Enforcement Bureau shall
enter into purchase of service agreements with
other state officials, departments and agencies
which do not have judicial or law enforcement
authority, including but not limited to, the
Commissioner of Administrative Services, to assist
in administering the child support enforcement
plan. The Child Support Enforcement Bureau shall
have authority to enter into such agreements with
the labor commissioner and to withhold
unemployment compensation pursuant to subsection
(d) of this section and section 31-227.
(f) The Connecticut Child Support Enforcement
Bureau shall have the sole responsibility to make
referrals to the federal Parent Locator Service
established pursuant to 88 Stat. 2353 (1975), 42
USC 653, as amended, for the purpose of locating
deserting parents.
(g) The Connecticut Child Support Enforcement
Bureau shall have the sole responsibility to make
recommendations to the Governor and the General
Assembly for needed program legislation to ensure
implementation of Title IV-D of the Social
Security Act, as amended.
(h) The Connecticut Child Support Enforcement
Bureau shall provide, or arrange to provide
through one or more of the state offices,
departments and agencies the same services for
obtaining and enforcing child support orders in
cases in which children are not beneficiaries of
the aid to families with dependent children
program as in cases where children are the
beneficiaries of such aid. SUCH SERVICES SHALL
ALSO BE MADE AVAILABLE TO RESIDENTS OF OTHER
STATES ON THE SAME TERMS AS TO RESIDENTS OF THIS
STATE. Support services in non-AFDC support cases
will be provided upon application to the
Connecticut Bureau of Child Support Enforcement by
the person seeking to enforce a child support
obligation and the payment of an application fee
by such person, pursuant to the provisions of
subsection (i) of this section. In addition to the
application fee, the Connecticut Child Support
Enforcement Bureau may assess costs incurred for
the establishment, enforcement or modification of
a support order in non-AFDC cases. Such assessment
shall be based on a fee schedule adopted by the
Department of Social Services pursuant to chapter
54. The fee schedule to be charged in non-AFDC
support cases shall be made available to any
individual upon request. The Child Support
Enforcement Bureau shall adopt procedures for the
notification of Superior Court judges and family
support magistrates when a fee has been assessed
an obligee for support services and a Superior
Court judge or a family support magistrate shall
order the obligor to pay any such assessment to
the Child Support Enforcement Bureau. In cases
where such order is not entered, the obligee shall
pay an amount based on a sliding scale not to
exceed the obligee's ability to pay. The
Department of Social Services shall adopt such
sliding scale pursuant to chapter 54.
(i) In non-AFDC child support cases, the state
shall impose an application fee in an amount
necessary to comply with federal law and
regulations under Title IV-D of the Social
Security Act. The amount of such fee shall be
established by regulations adopted, in accordance
with the provisions of chapter 54, by the
Commissioner of Social Services and shall not
exceed twenty-five dollars or such higher or lower
amount as the Secretary of the Department of
Health and Human Services may determine to be
appropriate for any fiscal year to reflect
increases or decreases in administrative costs.
The court in which a child support obligation is
sought to be enforced may order the obligor to
reimburse such application fee. Recipients of aid
to families with dependent children or Medicaid
assistance whose eligibility for aid is terminated
shall be entitled to continuation of child support
enforcement services without requiring an
application or the payment of an application fee.
(j) The Commissioner of Social Services is
authorized to accept for deposit in the General
Fund all allotments of federal funds, and to
conform to federal requirements necessary for the
receipt of federal matching grants and not
prohibited by the general statutes, INCLUDING, BUT
NOT LIMITED TO, THE DISTRIBUTION OF COLLECTED
SUPPORT AND THE OPERATION OF AN AUTOMATED
CENTRALIZED COLLECTION AND DISBURSEMENT UNIT.
(k) Investigators employed by the Department
of Social Services shall, pursuant to authority
granted to such investigators by the commissioner,
make service of any summons, subpoena or citation
in IV-D support cases in the Superior Court or in
the Family Support Magistrate Division.
Investigators at the time of service shall
coordinate with the clerk of the Superior Court
and the assistant clerk of the Family Support
Magistrate Division in setting a date for
appearance before the court. When serving process
issued by such court, the date for such appearance
before the court shall be not less than twelve
days from the date of service.
(l) The Connecticut Child Support Enforcement
Bureau shall arrange to provide a single
centralized automated system for the reporting of
collections on all accounts established for the
collection of all IV-D support orders. Such
reporting shall be made available to the Family
Support Magistrate Division and to all state
agencies which have a cooperative agreement with
the IV-D agency. ON OR BEFORE OCTOBER 1, 1998,
SUCH AUTOMATED SYSTEM SHALL INCLUDE A STATE CASE
REGISTRY WHICH COMPLIES WITH FEDERAL LAW AND
REGULATIONS. THE STATE CASE REGISTRY SHALL CONTAIN
INFORMATION ON EACH SUPPORT ORDER ESTABLISHED OR
MODIFIED IN THIS STATE.
(m) The Commissioner of Social Services shall
adopt regulations, in accordance with the
provisions of chapter 54, which shall establish
performance standards to address the mandatory
provisions of both state and federal laws and
federal regulations concerning child support as
well as establish additional standards that may be
deemed necessary in order to enhance child support
enforcement.
(n) Each year, on or before January first, the
IV-D agency shall submit to the joint standing
committees of the General Assembly having
cognizance of matters relating to judiciary and
human services a report on the execution of the
child support enforcement program, including the
status of compliance with established performance
standards, during the preceding fiscal year.
Sec. 11. Section 17b-745 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Superior Court or a family support
magistrate shall have authority to make and
enforce orders for payment of support to the
Commissioner of Administrative Services OR IN IV-D
CASES, TO THE STATE ACTING BY AND THROUGH THE IV-D
AGENCY, directed to the husband or wife and, if
the patient or person is under twenty-one or, on
and after October 1, 1972, under eighteen, any
parent of any patient or person being supported by
the state, wholly or in part, in a state humane
institution, or under any welfare program
administered by the state Department of Social
Services, as said court finds, in accordance with
the provisions of subsection (b) of section
17b-179, AS AMENDED BY SECTION 10 OF THIS ACT,
section 17a-90, 17b-81, 17b-223, 46b-129 or
46b-130, to be reasonably commensurate with the
financial ability of any such relative. Any court
or family support magistrate called upon to make
or enforce such an order, including one based upon
a determination consented to by the relative,
shall insure that such order is reasonable in
light of the relative's ability to pay. In
addition, the court or family support magistrate
[may order] SHALL INCLUDE IN EACH SUPPORT ORDER IN
A IV-D SUPPORT CASE A PROVISION FOR THE HEALTH
CARE COVERAGE OF THE CHILD WHICH PROVISION MAY
INCLUDE AN ORDER FOR either parent to name any
child under eighteen as a beneficiary of any
medical or dental insurance or benefit plan
carried by such parent or available to such parent
on a group basis through an employer or a union.
In such cases, the court or family support
magistrate shall order the employer of such parent
to withhold from such employee's compensation the
employee's share, if any, of premiums for health
coverage, except for certain circumstances under
which an employer may withhold less than such
employee's share of such premiums, as may be
provided by regulation of the Secretary of the
United States Department of Health and Human
Services and pay such share of premiums to the
insurer. The amount withheld shall not exceed the
maximum amount permitted to be withheld as set
forth in 15 USC 1673(b). Whenever an order of the
Superior Court or family support magistrate is
issued against a parent to cover the cost of such
medical or dental insurance or benefit plan for a
child who is eligible for Medicaid benefits, and
such parent has received payment from a third
party for the costs of such services but such
parent has not used such payment to reimburse, as
appropriate, either the other parent or guardian
or the provider of such services, the Department
of Social Services shall have the authority to
request the court or family support magistrate to
order the employer of such parent to withhold from
the wages, salary or other employment income, of
such parent to the extent necessary to reimburse
the Department of Social Services for expenditures
for such costs under the Medicaid program.
However, any claims for current or past due child
support shall take priority over any such claims
for the costs of such services. Said court or
family support magistrate shall also have
authority to make and enforce orders directed to
the conservator or guardian of any such patient or
person, or the payee of Social Security or other
benefits to which such patient or person is
entitled, to the extent of the income or estate
held or received by such fiduciary or payee in any
such capacity. For purposes of this section, the
term "father" shall include a person who has
acknowledged in writing his paternity of a child
born out of wedlock, and the court or family
support magistrate shall have authority to
determine, order and enforce payment of any
accumulated sums due under a written agreement to
support such child in accordance with the
provisions of this section. Said court or family
support magistrate shall also have authority to
make and enforce orders for the payment by any
person named herein of unpaid support
contributions for which any such person is liable
in accordance with the provisions of subsection
(b) of section 17b-179, AS AMENDED BY SECTION 10
OF THIS ACT, section 17a-90, 17b-81, 17b-223,
46b-129 or 46b-130 OR, IN IV-D CASES, TO ORDER
SUCH PERSON, PROVIDED HE 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. 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. The state shall
disclose to the court any information in its
possession concerning current and past ability to
pay. With respect to such orders entered on or
after October 1, 1991, 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 known or, if not known, based upon assistance
rendered to the child. Any finding as to support
due for periods of time prior to the action which
is made without information concerning past
ability to pay shall be entered subject to
adjustment when such information becomes available
to the court. Such adjustment may be made upon
motion of any party within four months from the
date upon which the obligor receives notification
of (1) the amount of such finding of support due
for periods of time prior to the action and (2)
the right within four months of receipt of such
notification to present evidence as to his past
ability to pay support for such periods of time
prior to the action. All payments ordered by the
court or family support magistrate shall be made
to the Commissioner of Administrative Services [,
either directly or through the Support Enforcement
Division of the court] OR, IN IV-D CASES, TO THE
STATE ACTING BY AND THROUGH THE IV-D AGENCY, as
the court or family support magistrate may
determine, for the period during which the
supported person is receiving assistance or care
from the state, provided, in the case of
beneficiaries of any program of public assistance,
upon the discontinuance of such assistance,
payments shall be distributed to the beneficiary,
beginning with the effective date of
discontinuance. Any order of payment made under
this section may, at any time after being made, be
set aside or altered by the court or a family
support magistrate. Proceedings to obtain such
orders of support shall be commenced by the
service on the liable person or persons of a
verified petition of the Commissioner of
Administrative Services, the Commissioner of
Social Services or their designees. The verified
petition shall be filed by any of said
commissioners or their designees in the judicial
district of the court or Family Support Magistrate
Division in which the patient, applicant,
beneficiary, recipient or the defendant resides.
The judge or family support magistrate shall cause
a summons, signed by him, by the clerk of said
court, or by a commissioner of the Superior Court
to be issued, requiring such liable person or
persons to appear [in court or] before THE COURT
OR 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 to
show cause, if any he has, why the request for
relief in such petition should not be granted. The
verified petition, summons and order shall be on
forms prescribed by the Office of the Chief Court
Administrator. Service may be made by a sheriff,
any proper officer or any investigator employed by
the Department of Social Services or by the
Commissioner of Administrative Services. The
sheriff, 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 THE COURT OR a
family support magistrate, at the time and place
named for hearing upon such petition, the failure
of the defendant to appear shall not prohibit the
court or family support magistrate from going
forward with the hearing. Failure of any such
defendant to obey any order of the court or Family
Support Magistrate Division made hereunder may be
punished as contempt of court. 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. 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 to obey the court order as contempt
of court, the court or the family support
magistrate may order a capias mittimus to be
issued and directed to some proper officer to
arrest such defendant and bring him before the
Superior Court for the contempt hearing. The costs
of commitment of any person imprisoned therefor
shall be paid by the state as in criminal cases.
When any such defendant is so found in contempt,
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. 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 hereunder, may issue
an order directing that [a wage] AN INCOME
withholding order issue against such amount of any
debt accruing by reason of personal services due
and owing to such person in accordance with
section 52-362, AS AMENDED BY SECTION 28 OF THIS
ACT, or against such lesser amount of such excess
as said court or family support magistrate deems
equitable, for payment of accrued and unpaid
amounts due under such order and all amounts which
thereafter become due under such order. On
presentation of such [wage] INCOME withholding
order by the officer to whom delivered for service
to the person or persons or corporation from whom
such debt accruing by reason of personal services
is due and owing, or thereafter becomes due and
owing, to the person against whom such support
order was issued, such [wage] INCOME withholding
order shall be a lien and a continuing levy upon
such debt to the amount specified therein, which
shall be accumulated by the debtor and paid
directly to the Commissioner of Administrative
Services OR, IN IV-D CASES, TO THE STATE ACTING BY
AND THROUGH THE IV-D AGENCY, in accordance with
section 52-362, AS AMENDED BY SECTION 28 OF THIS
ACT, until such [wage] INCOME withholding order
and expenses are fully satisfied and paid, or
until such [wage] INCOME withholding order is
modified. No entry fee, judgment fee or any other
court fee shall be charged by the court to either
party in actions under this section. Written
statements from employers as to PROPERTY,
INSURANCE, wages, INDEBTEDNESS AND OTHER
INFORMATION obtained by the Commissioner of Social
Services, or the Commissioner of Administrative
Services under authority of section 17b-137, AS
AMENDED BY SECTION 9 OF THIS ACT, shall be
admissible in evidence in actions under this
section.
(b) Any court or family support magistrate,
called upon to enforce a support order, shall
insure that such order is reasonable in light of
the obligor's ability to pay. Any support order
entered pursuant to this section, or any support
order from another jurisdiction subject to
enforcement by the state of Connecticut, may be
modified by motion of the party seeking such
modification, including the support enforcement
division in AFDC support cases as defined in
SUBDIVISION (14) OF subsection (b) of section
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, upon a showing of a substantial change in the
circumstances of either party or upon a showing
that the final order for child support
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. In any
hearing to modify any support order from another
jurisdiction the court or the family support
magistrate shall conduct the proceedings in
accordance with the procedure set forth in section
46b-197. 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 notice
of such pending motion upon the opposing party
pursuant to section 52-50.
(c) IN IV-D SUPPORT CASES, AS DEFINED IN
SUBDIVISION (13) OF SUBSECTION (b) OF SECTION
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
Sec. 12. Subsection (c) of section 19a-42 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) (1) Upon [written request of both parents,
receipt of a sworn] RECEIPT OF (A) A VOLUNTARY
acknowledgment of paternity [signed] EXECUTED IN
ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (a)
OF SECTION 46b-172, AS AMENDED BY SECTION 23 OF
THIS ACT, by both parents of a child born out of
wedlock, [and receipt of a fee of twenty-five
dollars] OR (B) A CERTIFIED COPY OF AN ORDER OF A
COURT OF COMPETENT JURISDICTION ESTABLISHING THE
PATERNITY OF A CHILD BORN OUT OF WEDLOCK, the
Commissioner of Public Health [shall amend the]
SHALL INCLUDE ON OR AMEND, AS APPROPRIATE, SUCH
CHILD'S birth certificate to show such paternity
if paternity is not already shown on [the] SUCH
birth certificate or to change the surname of the
child or both. Such certificate shall not be
marked "Amended".
(2) THE COMMISSIONER SHALL THEREAFTER AMEND
SUCH CHILD'S BIRTH CERTIFICATE TO REMOVE OR CHANGE
THE FATHER'S NAME ONLY UPON THE FILING OF A
RESCISSION IN THE PATERNITY REGISTRY ESTABLISHED
UNDER SECTION 6 OF THIS ACT, AS PROVIDED IN
SUBSECTION (a) OF SECTION 46b-172, AS AMENDED BY
SECTION 23 OF THIS ACT, OR UPON THE ORDER OF A
COURT OF COMPETENT JURISDICTION.
(3) A FEE OF TWENTY-FIVE DOLLARS SHALL BE
CHARGED BY THE DEPARTMENT OF PUBLIC HEALTH FOR
EACH AMENDMENT TO A BIRTH CERTIFICATE REQUESTED
PURSUANT TO THIS SUBSECTION WHICH REQUEST IS NOT
RECEIVED FROM A HOSPITAL, A STATE AGENCY OR A
COURT OF COMPETENT JURISDICTION.
Sec. 13. Section 36a-42 of the general
statutes is repealed and the following is
substituted in lieu thereof:
A financial institution may not disclose to
any person, except to the customer or the
customer's duly authorized agent, any financial
records relating to such customer unless the
customer has authorized disclosure to such person
or the financial records are disclosed in response
to (1) a certificate signed by the Commissioner of
Administrative Services or the Commissioner of
Social Services pursuant to the provisions of
section 17b-137, AS AMENDED BY SECTION 9 OF THIS
ACT, (2) a lawful subpoena, summons, warrant or
court order as provided in section 36a-43, AS
AMENDED BY SECTION 14 OF THIS ACT, (3)
interrogatories by a judgment creditor or a demand
by a levying officer as provided in sections
52-351b and 52-356a or (4) a certificate issued by
a medical provider or its attorney under
subsection (b) of section 17b-124, provided
nothing in this subsection shall require the
provider or its attorney to furnish to the
financial institution any application for medical
assistance filed under section 17b-259 OR PURSUANT
TO AN AGREEMENT WITH THE IV-D AGENCY UNDER
SUBSECTION (e) OF SECTION 17b-137, AS AMENDED BY
SECTION 9 OF THIS ACT.
Sec. 14. Subsection (c) of section 36a-43 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) A financial institution shall disclose
financial records pursuant to a certificate,
signed by the Commissioner of Administrative
Services or the Commissioner of Social Services in
accordance with the provisions of section 36a-42,
AS AMENDED BY SECTION 13 OF THIS ACT, OR PURSUANT
TO AN AGREEMENT WITH THE IV-D AGENCY UNDER
SUBSECTION (c) OF SECTION 17b-137, AS AMENDED BY
SECTION 9 OF THIS ACT.
Sec. 15. Subsection (e) of section 38a-497a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) If a parent is required by a court or an
administrative order to provide health coverage
for a child and the parent is eligible for family
health coverage through an employer doing business
in the state, such employer shall permit such
parent to enroll such child under such coverage
without regard to any open enrolment restrictions.
If a parent is enrolled but fails to make
application to obtain coverage of a child, the
employer shall enroll such child under health care
coverage upon application by the child's other
parent or by the Commissioner of Social services,
or his designee, when such child is eligible under
the Medicaid program or is receiving child support
enforcement services pursuant to Title IV-D of the
Social Security Act. IF A NONCUSTODIAL PARENT IN A
IV-D CASE PROVIDES SUCH COVERAGE AND CHANGES
EMPLOYMENT, AND THE NEW EMPLOYER PROVIDES HEALTH
CARE COVERAGE, THE IV-D AGENCY OR AN AGENCY UNDER
COOPERATIVE AGREEMENT THEREWITH SHALL TRANSFER
NOTICE OF THE PROVISION FOR HEALTH CARE COVERAGE
TO SUCH NEW EMPLOYER. THE NOTICE SHALL OPERATE TO
ENROLL THE CHILD IN THE NONCUSTODIAL PARENT'S
HEALTH CARE PLAN IF THAT PORTION OF THE OBLIGOR'S
INCOME WHICH IS SUBJECT TO WITHHOLDING PURSUANT TO
SUBSECTION (e) OF SECTION 52-362, AS AMENDED BY
SECTION 28 OF THIS ACT, IS SUFFICIENT TO COVER
BOTH THE SUPPORT ORDER AND HEALTH CARE COVERAGE.
AT THE TIME NOTICE IS TRANSFERRED TO THE EMPLOYER,
THE IV-D AGENCY OR AN AGENCY UNDER COOPERATIVE
AGREEMENT THEREWITH, SHALL ALSO CAUSE A COPY OF
THE NOTICE OF SUCH TRANSFER OF HEALTH CARE
COVERAGE TO BE DELIVERED TO THE OBLIGOR AND TO THE
CUSTODIAL PARENT. THE NONCUSTODIAL PARENT MAY
CONTEST SUCH NOTICE BY FILING A MOTION FOR
MODIFICATION WITH THE FAMILY SUPPORT MAGISTRATE.
An employer, subject to the provisions of this
section, shall not disenroll or eliminate coverage
of any such child unless the employer is provided
satisfactory written evidence that: (1) A court or
an administrative order for health care coverage
is no longer in effect; (2) the child is or shall
be enrolled in comparable health care coverage
which shall take effect not later than the
effective date of such disenrolment or
elimination; or (3) the employer has eliminated
family health care coverage for all of its
employees.
Sec. 16. Section 46b-25 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No license may be issued by the registrar
until both persons have appeared before him and
made application for a license. The application
shall be dated, signed and sworn to by each
applicant and shall state each applicant's name,
age, SOCIAL SECURITY NUMBER, race, occupation,
birthplace, residence, whether single, widowed or
divorced and whether under the supervision or
control of a conservator or guardian. If the
application is signed and sworn to by the
applicants on different dates, the earlier date
shall be deemed the date of application. All the
applications, when so made, shall be kept
separately and available for public examination
until the license is issued, and shall be filed as
a part of the records of the registrar when the
license certificate is returned as provided in
section 46b-34.
Sec. 17. Section 46b-84 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Upon or subsequent to the annulment or
dissolution of any marriage or the entry of a
decree of legal separation or divorce, the parents
of a minor child of the marriage, shall maintain
the child according to their respective abilities,
if the child is in need of maintenance.
(b) If there is an unmarried child of the
marriage who has attained the age of eighteen, is
a full-time high school student and resides with a
parent, the parents shall maintain the child
according to their respective abilities if the
child is in need of maintenance until such time as
such child completes the twelfth grade or attains
the age of nineteen, whichever first occurs. The
provisions of this subsection shall apply only in
cases where the decree of dissolution of marriage,
legal separation or annulment is entered on or
after July 1, 1994.
(c) In determining whether a child is in need
of maintenance and, if in need, the respective
abilities of the parents to provide such
maintenance and the amount thereof, the court
shall consider the age, health, station,
occupation, earning capacity, amount and sources
of income, estate, vocational skills and
employability of each of the parents, and the age,
health, station, occupation, educational status
and expectation, amount and sources of income,
vocational skills, employability, estate and needs
of the child.
(d) At any time at which orders are entered in
a proceeding for dissolution of marriage,
annulment, legal separation, custody, or support,
whether before, at the time of, or after entry of
a decree or judgment, if health insurance coverage
for a child is ordered by the court to be
maintained, the court shall provide in the order
that (1) the signature of the custodial parent or
custodian of the insured dependent shall
constitute a valid authorization to the insurer
for purposes of processing an insurance
reimbursement payment to the provider of the
medical services, to the custodial parent or to
the custodian, (2) neither parent shall prevent or
interfere with the timely processing of any
insurance reimbursement claim and (3) if the
parent receiving an insurance reimbursement
payment is not the parent or custodian who is
paying the bill for the services of the medical
provider, the parent receiving such insurance
reimbursement payment shall promptly pay to the
parent or custodian paying such bill any insurance
reimbursement for such services. For purposes of
subdivision (1), the custodial parent or custodian
is responsible for providing the insurer with a
certified copy of the order of dissolution or
other order requiring maintenance of insurance for
a child provided if such custodial parent or
custodian fails to provide the insurer with a copy
of such order, the Commissioner of Social Services
may provide the insurer with a copy of such order.
Such insurer may thereafter rely on such order and
is not responsible for inquiring as to the legal
sufficiency of the order. The custodial parent or
custodian shall be responsible for providing the
insurer with a certified copy of any order which
materially alters the provision of the original
order with respect to the maintenance of insurance
for a child. If presented with an insurance
reimbursement claim signed by the custodial parent
or custodian, such insurer shall reimburse the
provider of the medical services, if payment is to
be made to such provider under the policy, or
shall otherwise reimburse the custodial parent or
custodian.
(e) After the granting of a decree annulling
or dissolving the marriage or ordering a legal
separation, and upon complaint or motion with
order and summons made to the Superior Court by
either parent or by the Commissioner of
Administrative Services in any case arising under
subsection (a) or (b) of this section, the court
shall inquire into the child's need of maintenance
and the respective abilities of the parents to
supply maintenance. The court shall make and
enforce the decree for the maintenance of the
child as it considers just, and may direct
security to be given therefor, including an order
to either party to contract with a third party for
periodic payments or payments contingent on a life
to the other party. The court [may order] SHALL
INCLUDE IN EACH SUPPORT ORDER A PROVISION FOR THE
HEALTH CARE COVERAGE OF THE CHILD WHICH PROVISION
MAY INCLUDE AN ORDER FOR either parent to name any
child who is subject to the provisions of
subsection (a) or (b) of this section as a
beneficiary of any medical or dental insurance or
benefit plan carried by such parent or available
to such parent on a group basis through an
employer or a union.
(f) Whenever an obligor is before the court in
proceedings to establish, modify or enforce a
support order, and such order is not secured by [a
wage garnishment] AN INCOME WITHHOLDING ORDER, the
court may require the obligor to execute a bond or
post other security sufficient to perform such
order for support, provided the court 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 court may order the bond or the security
forfeited and the proceeds thereof paid to the
state in AFDC cases or to the obligee in non-AFDC
cases. IN ANY IV-D CASE IN WHICH THE OBLIGOR IS
FOUND BY THE COURT TO OWE PAST-DUE SUPPORT, THE
COURT MAY ISSUE AN ORDER FOR THE PERIODIC PAYMENT
OF SUCH SUPPORT OR, 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.
(g) IN IV-D SUPPORT CASES, AS DEFINED IN
SUBDIVISION (13) OF SUBSECTION (b) OF SECTION
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
Sec. 18. (NEW) In any action, petition or
proceeding under chapters 815j, 815y and 816 of
the general statutes, any reports or bills related
to pregnancy, childbirth or genetic or blood
testing, shall be admissible into evidence as a
business record without the need of further
foundation, provided any such report or bill is
certified to be the original or a copy thereof by
the creator or custodian of such report or bill
and shall constitute prima facie evidence of
amounts incurred for such services or tests. The
use of any such report or bill in lieu of actual
testimony shall not give rise to any adverse
inference concerning the testimony of the creator
of the record. This section shall not be construed
to prohibit any party or the court from calling
any such medical practitioner as a witness.
Sec. 19. Section 46b-160 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Proceedings to establish paternity of a
child born or conceived out of lawful wedlock,
including one born to, or conceived by, a married
woman but begotten by a man other than her
husband, shall be commenced by the service on the
putative father of a verified petition of the
mother or expectant mother. The verified petition,
summons and order shall be filed in the superior
court for the judicial district in which either
she or the putative father resides, except that in
IV-D support cases, as defined in SUBDIVISION (13)
OF subsection (b) of section 46b-231, AS AMENDED
BY SECTIONS 26 AND 36 OF THIS ACT, such petition
shall be filed with the clerk for the family
support magistrate division serving the judicial
district where either she or the putative father
resides. In cases involving public assistance
recipients the petition shall also be served upon
the Attorney General who shall be and remain a
party to any paternity proceeding and to any
proceedings after judgment in such action. The
court or any judge, or family support magistrate,
assigned to said court shall cause a summons,
signed by him, by the clerk of said court, or by a
commissioner of the Superior Court to be issued,
requiring the putative father to appear in court
at a time and place as determined by the clerk but
not more than ninety days after the issuance of
the summons to show cause, if any he has, why the
request for relief in such petition should not be
granted. A sheriff, proper officer or investigator
shall make due returns of process to the court not
less than twenty-one days before the date assigned
for hearing. Such petition, summons and order
shall be on forms prescribed by the Office of the
Chief Court Administrator. In the case of a child
or expectant mother being supported wholly or in
part by the state, service of such petition may be
made by any investigator employed by the
Department of Social Services and any proper
officer authorized by law. Such petition may be
brought at any time prior to the child's
eighteenth birthday, provided liability for past
support shall be limited to the three years next
preceding the date of the filing of any such
petition. If the putative father fails to appear
in court at such time and place, the court or
family support magistrate [may] SHALL hear the
petitioner and, [enter such judgment and order]
UPON A FINDING THAT PROCESS WAS SERVED ON THE
PUTATIVE FATHER, SHALL ENTER A DEFAULT JUDGMENT OF
PATERNITY AGAINST SUCH FATHER AND SUCH OTHER
ORDERS as the facts may warrant. Such court or
family support magistrate may order continuance of
such hearing; and if such mother or expectant
mother continues constant in her accusation, it
shall be evidence that the respondent is the
father of such child. THE COURT OR FAMILY SUPPORT
MAGISTRATE SHALL, UPON MOTION BY A PARTY, ISSUE AN
ORDER FOR TEMPORARY SUPPORT OF THE CHILD BY THE
RESPONDENT PENDING A FINAL JUDGMENT OF THE ISSUE
OF PATERNITY IF SUCH COURT OR MAGISTRATE FINDS
THAT THERE IS CLEAR AND CONVINCING EVIDENCE OF
PATERNITY WHICH EVIDENCE SHALL INCLUDE, BUT NOT BE
LIMITED TO, GENETIC TEST RESULTS INDICATING A
NINETY-NINE PER CENT OR GREATER PROBABILITY THAT
SUCH RESPONDENT IS THE FATHER OF THE CHILD.
(b) When such petition has been filed with the
family support magistrate division in a IV-D case,
the case shall be tried by the family support
magistrate. [unless one of the parties demands
trial by jury in accordance with section 46b-164,
in which event the family support magistrate shall
refer the case to the superior court for trial.]
(c) If the putative father resides out of or
is absent from the state, notice required for the
exercise of jurisdiction over such putative father
shall be actual notice, and shall be in the manner
prescribed for personal service of process by the
law of the place in which service is made.
(d) In any proceeding to establish paternity,
the court or family support magistrate may
exercise personal jurisdiction over a nonresident
putative father if the court or magistrate finds
that the putative father was personally served in
this state or that the putative father resided in
this state and while residing in this state (1)
paid prenatal expenses for the mother and support
for the child, (2) resided with the child and held
himself out as the father of the child, or (3)
paid support for the child and held himself out as
the father of the child, provided the nonresident
putative father has received actual notice of the
pending petition for paternity pursuant to
subsection (c) of this section.
(e) The petition, when served pursuant to
subsection (c) of this section, shall be
accompanied by an answer form, a notice to the
putative father and an application for appointment
of counsel, written in clear and simple language
designed for use by pro se defendants.
(f) (1) The answer form shall require the
putative father to indicate whether he admits that
he is the father, denies that he is the father or
does not know whether he is the father of the
child. Any response to the answer form shall not
be deemed to waive any jurisdictional defense.
(2) The notice to the putative father shall
inform him that (A) he has a right to be
represented by an attorney, and if he is indigent,
the court will appoint an attorney for him, (B) if
he is found to be the father, he will be required
to financially support the child until the child
attains the age of eighteen years, (C) if he does
not admit he is the father, the court or family
support magistrate may order a genetic test to
determine paternity and that the cost of such test
shall be paid by the state in IV-D support cases,
and in non-IV-D cases shall be paid by the
petitioner, except that if he is subsequently
adjudicated to be the father of the child, he
shall be liable to the state or the petitioner, as
the case may be, for the amount of such cost and
(D) if he fails to return the answer form or fails
to appear for a scheduled genetic test without
good cause, a default judgment [may] SHALL be
entered.
(3) The application for appointment of counsel
shall include a financial affidavit.
(g) If the court or family support magistrate
may exercise personal jurisdiction over the
nonresident putative father pursuant to subsection
(d) of this section and the answer form is
returned and the putative father does not admit
paternity, the court shall order the mother, the
child and the putative father to submit to genetic
tests. Such order shall be served upon the
putative father in the same manner as provided in
subsection (c) of this section. The genetic test
of the putative father, unless he requests
otherwise, shall be made in the state where the
putative father resides at a location convenient
to him. The costs of such test shall be paid by
the state in IV-D support cases, and in non-IV-D
cases shall be paid by the petitioner, except that
if the putative father is subsequently adjudicated
the father of the child, he shall be liable to the
state or the petitioner, as the case may be, for
the amount of the costs.
(h) The court or family support magistrate
[may] SHALL enter a default judgment against a
nonresident putative father if such putative
father (1) fails to answer or otherwise respond to
the petition, or (2) fails to appear for a
scheduled genetic test without good cause, [. No
judge or family support magistrate may enter]
PROVIDED a default judgment SHALL NOT BE ENTERED
against a nonresident putative father unless (A)
there is evidence that the nonresident putative
father has received actual notice of the petition
pursuant to subsection (c) of this section and (B)
there is verification that the process served upon
the putative father included the answer form,
notice to the defendant and an application for
appointment of counsel required by subsection (e)
of this section. Upon entry of a default judgment,
a copy of the judgment and a form for a motion to
reopen shall be served upon the father in the same
manner as provided in subsection (c) of this
section.
Sec. 20. Section 46b-168 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) In any proceeding in which the question of
paternity is at issue the court or a family
support magistrate, on motion of any party, may
order genetic tests which shall mean
deoxyribonucleic acid tests, to be performed by a
hospital, accredited laboratory, qualified
physician or other qualified person designated by
the court, to determine whether or not the
putative father or husband is the father of the
child. The results of such tests, WHETHER ORDERED
UNDER THIS SECTION OR REQUIRED BY THE IV-D AGENCY
UNDER SECTION 21 OF THIS ACT, shall be admissible
in evidence to either establish definite exclusion
of the putative father or husband or as evidence
that he is the father of the child WITHOUT THE
NEED FOR FOUNDATION TESTIMONY OR OTHER PROOF OF
AUTHENTICITY OR ACCURACY, UNLESS OBJECTION IS MADE
IN WRITING NOT LATER THAN TWENTY DAYS PRIOR TO THE
HEARING AT WHICH SUCH RESULTS MAY BE INTRODUCED IN
EVIDENCE.
(b) In any proceeding in which the question of
paternity is at issue, the results of such genetic
tests, WHETHER ORDERED UNDER THIS SECTION OR
REQUIRED BY THE IV-D AGENCY UNDER SECTION 21 OF
THIS ACT, shall constitute a rebuttable
presumption that the putative father is the father
of the child if the results of such tests indicate
a ninety-nine per cent or greater probability that
he is the father of the child, provided the
petitioner has presented evidence that sexual
intercourse occurred between the mother and the
putative father during the period of time in which
the child was conceived.
(c) The costs of making tests provided by this
section shall be chargeable against the party
making the motion, provided if the court finds
that such party is indigent and unable to pay such
costs, such costs shall be paid by the state. If
the costs of making such tests are paid by the
state and the respondent making the motion is
subsequently adjudicated to be the father of the
child, such respondent shall be liable to the
state for the amount of such costs.
Sec. 21. (NEW) (a) In any IV-D support case,
as defined in subdivision (13) of subsection (b)
of section 46b-231, as amended by sections 26 and
36 of this act, in which the paternity of a child
is at issue, the IV-D agency shall require the
child and all other parties other than individuals
who have good cause for refusing to cooperate or
who are subject to other exceptions to submit to
genetic tests which shall mean deoxyribonucleic
acid tests, to be performed by a hospital,
accredited laboratory, qualified physician or
other qualified person designated by such agency,
to determine whether or not the putative father or
husband is the father of the child, upon the
request of any such party, provided such request
is supported by a sworn statement by the party
which either (1) alleges paternity and sets forth
facts establishing a reasonable possibility of the
requisite sexual contact between the parties, or
(2) denies paternity and sets forth facts
establishing a reasonable possibility of the
nonexistence of sexual contact between the
parties.
(b) The costs of making the tests provided by
this section shall be paid by the state, provided
if the putative father is the requesting party and
he is subsequently adjudicated to be the father of
the child, he shall be liable to the state for the
amount of such costs to the extent of his ability
to pay, in accordance with regulations adopted by
the Commissioner of Social Services pursuant to
subdivision (3) of subsection (c) of this section.
The contesting party shall make advance payment
for any additional testing required in the event
of a contest of the original test results.
(c) The Commissioner of Social Services shall
adopt regulations, in accordance with the
provisions of chapter 54 of the general statutes,
to establish criteria for determining (1) good
cause or other exceptions for refusing to
cooperate under subsection (a) of this section,
which shall include, but not be limited to,
domestic violence, sexual abuse and lack of
information and shall take into account the best
interests of the child, (2) the sufficiency of the
facts establishing a reasonable possibility of the
existence or nonexistence of the requisite sexual
contact between the parties, as required under
subsection (a) of this section, and (3) the
ability of the requesting party to pay the costs
of the genetic tests in accordance with subsection
(b) of this section.
Sec. 22. Section 46b-171 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) If the defendant is found to be the father
of the child, the court or family support
magistrate shall order him to stand charged with
the support and maintenance of such child, with
the assistance of the mother if she is financially
able, as said court finds, in accordance with the
provisions of section 17b-81, 17b-223, 17b-745, AS
AMENDED BY SECTION 11 OF THIS ACT, subsection (b)
of section 17b-179, AS AMENDED BY SECTION 10 OF
THIS ACT, section 17a-90, 46b-129, 46b-130 or
46b-215, AS AMENDED BY SECTION 25 OF THIS ACT, to
be reasonably commensurate with the financial
ability of the defendant, and to pay a certain sum
periodically until the child attains the age of
eighteen years; and the court or family support
magistrate shall order him to pay the amount
thereof to the complainant, or, if a town or the
state has paid such expense, to the town or the
state, as the case may be, and shall grant
execution for the same and costs of suit taxed as
in other civil actions, together with a reasonable
attorney's fee; and may require him to become
bound with sufficient surety to perform such
orders for support and maintenance. IN ADDITION,
THE COURT OR FAMILY SUPPORT MAGISTRATE SHALL
INCLUDE IN EACH SUPPORT ORDER IN A IV-D SUPPORT
CASE A PROVISION FOR THE HEALTH CARE COVERAGE OF
THE CHILD WHICH PROVISION MAY INCLUDE AN ORDER FOR
EITHER PARENT TO NAME ANY CHILD UNDER THE AGE OF
EIGHTEEN YEARS AS A BENEFICIARY OF ANY MEDICAL OR
DENTAL INSURANCE OR BENEFIT PLAN CARRIED BY SUCH
PARENT OR AVAILABLE TO SUCH PARENT ON A GROUP
BASIS THROUGH AN EMPLOYER OR UNION. The court
shall also have authority to make and enforce
orders for the payment by any person named herein
of unpaid support contributions for which the
defendant is liable in accordance with the
provisions of section 17b-81, 17b-223, subsection
(b) of section 17b-179, AS AMENDED BY SECTION 10
OF THIS ACT, section 17a-90, 46b-129 or 46b-130
AND, IN IV-D CASES, TO ORDER SUCH PERSON, PROVIDED
HE 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. If he
fails to comply with any such order, the court or
family magistrate may commit him to a community
correctional center, there to remain until he
complies therewith; but, if it appears that the
mother does not apply the periodic allowance paid
by him toward the support of such child, and that
such child is chargeable, or likely to become
chargeable, to the town where it belongs, the
court, on application, may discontinue such
allowance to the mother, and may direct it to be
paid to the selectmen of such town, for such
support, and may issue execution in their favor
for the same. The provisions of section 17b-743
shall apply to this section. The clerk of the
court which has rendered judgment for the payment
of money for the maintenance of any child under
the provisions of this section shall, within
twenty-four hours after such judgment has been
rendered, notify the selectmen of the town where
the child belongs. Any order for the payment of
support for any such child may at any time
thereafter be set aside, altered or modified by
any court issuing such order upon a showing of a
substantial change in the circumstances of the
defendant or the mother of such child or upon a
showing that such 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. 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 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 notice of such pending motion upon the
opposing party pursuant to section 52-50. Failure
of the defendant to obey any order for support
made hereunder may be punished as for contempt of
court and the costs of commitment of any person
imprisoned therefor shall be paid by the state as
in criminal cases.
(b) Whenever the Superior Court or family
support magistrate reopens a judgment of paternity
entered pursuant to this section in which a person
was found to be the father of a child who is or
has been supported by the state and the court or
family support magistrate finds that the person
adjudicated the father is not the father of the
child, the Department of Social Services shall
refund to such person any money paid to the state
by such person during the period such child was
supported by the state.
(c) IN IV-D SUPPORT CASES, AS DEFINED IN
SUBDIVISION (13) OF SUBSECTION (b) OF SECTION
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
Sec. 23. Section 46b-172 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) (1) In lieu of or in conclusion of
proceedings under section 46b-160, AS AMENDED BY
SECTION 19 OF THIS ACT, [the] A written
acknowledgment of paternity executed AND SWORN TO
by the putative father of the child when
accompanied by (A) an attested waiver of the right
to a blood test, the right to a trial and the
right to an attorney, and (B) a written
affirmation of paternity executed and sworn to by
the mother of the child and filed with the
Superior Court, for the judicial district in which
the mother of the child or the putative father
resides shall have the same force and effect as a
judgment of that court. [; and an] IT SHALL BE
CONSIDERED A LEGAL FINDING OF PATERNITY WITHOUT
REQUIRING OR PERMITTING JUDICIAL RATIFICATION, AND
SHALL BE BINDING ON THE PERSON EXECUTING THE SAME
WHETHER HE IS AN ADULT OR A MINOR, SUBJECT TO
SUBDIVISION (2) OF THIS SUBSECTION. SUCH
ACKNOWLEDGMENT SHALL NOT BE BINDING UNLESS, PRIOR
TO THE SIGNING OF ANY AFFIRMATION OR
ACKNOWLEDGEMENT OF PATERNITY, THE MOTHER AND THE
PUTATIVE FATHER ARE GIVEN ORAL AND WRITTEN NOTICE
OF THE ALTERNATIVES TO, THE LEGAL CONSEQUENCES OF,
AND THE RIGHTS AND RESPONSIBILITIES THAT ARISE
FROM SIGNING SUCH AFFIRMATION OR ACKNOWLEDGEMENT.
THE NOTICE TO THE MOTHER SHALL INCLUDE, BUT SHALL
NOT BE LIMITED TO, NOTICE THAT THE AFFIRMATION OF
PATERNITY MAY RESULT IN RIGHTS OF CUSTODY AND
VISITATION, AS WELL AS A DUTY OF SUPPORT, IN THE
PERSON NAMED AS FATHER. THE NOTICE TO THE PUTATIVE
FATHER SHALL INCLUDE, BUT NOT BE LIMITED TO,
NOTICE THAT HE HAS THE RIGHT TO CONTEST PATERNITY,
INCLUDING THE RIGHT TO APPOINTMENT OF COUNSEL, A
GENETIC TEST TO DETERMINE PATERNITY AND A TRIAL BY
THE SUPERIOR COURT OR A FAMILY SUPPORT MAGISTRATE
AND THAT ACKNOWLEDGMENT OF PATERNITY WILL MAKE HIM
LIABLE FOR THE FINANCIAL SUPPORT OF THE CHILD
UNTIL THE CHILD'S EIGHTEENTH BIRTHDAY. IN
ADDITION, THE NOTICE SHALL INFORM THE MOTHER AND
THE FATHER THAT DNA TESTING MAY BE ABLE TO
ESTABLISH PATERNITY WITH A HIGH DEGREE OF ACCURACY
AND MAY, UNDER CERTAIN CIRCUMSTANCES, BE AVAILABLE
AT STATE EXPENSE. THE NOTICES SHALL ALSO EXPLAIN
THE RIGHT TO RESCIND THE ACKNOWLEDGMENT, AS SET
FORTH IN SUBDIVISION (2) OF THIS SUBSECTION,
INCLUDING THE ADDRESS WHERE SUCH NOTICE OF
RESCISSION SHOULD BE SENT, AND SHALL EXPLAIN THAT
THE ACKNOWLEDGMENT CANNOT BE CHALLENGED AFTER
SIXTY DAYS, EXCEPT IN COURT UPON A SHOWING OF
FRAUD, DURESS OR MATERIAL MISTAKE OF FACT.
(2) THE MOTHER AND THE ACKNOWLEDGED FATHER
SHALL HAVE THE RIGHT TO RESCIND SUCH AFFIRMATION
OR ACKNOWLEDGEMENT IN WRITING WITHIN THE EARLIER
OF (A) SIXTY DAYS, OR (B) THE DATE OF AN AGREEMENT
TO SUPPORT SUCH CHILD APPROVED IN ACCORDANCE WITH
SUBSECTION (b) OF THIS SECTION OR AN ORDER OF
SUPPORT FOR SUCH CHILD ENTERED IN A PROCEEDING
UNDER SUBSECTION (c) OF THIS SECTION. AN
ACKNOWLEDGEMENT EXECUTED IN ACCORDANCE WITH
SUBDIVISION (1) OF THIS SUBSECTION MAY BE
CHALLENGED IN COURT OR BEFORE A FAMILY SUPPORT
MAGISTRATE AFTER THE RESCISSION PERIOD ONLY ON THE
BASIS OF FRAUD, DURESS OR MATERIAL MISTAKE OF FACT
WHICH MAY INCLUDE EVIDENCE THAT HE IS NOT THE
FATHER, WITH THE BURDEN OF PROOF UPON THE
CHALLENGER. DURING THE PENDENCY OF ANY SUCH
CHALLENGE, ANY RESPONSIBILITIES ARISING FROM SUCH
ACKNOWLEDGMENT SHALL CONTINUE EXCEPT FOR GOOD
CAUSE SHOWN.
(3) ALL WRITTEN NOTICES, WAIVERS, AFFIRMATIONS
AND ACKNOWLEDGMENTS REQUIRED UNDER SUBDIVISION (1)
OF THIS SUBSECTION, AND RESCISSIONS AUTHORIZED
UNDER SUBDIVISION (2) OF THIS SUBSECTION, SHALL BE
ON FORMS PRESCRIBED BY THE DEPARTMENT OF PUBLIC
HEALTH, PROVIDED SUCH ACKNOWLEDGMENT FORM INCLUDES
THE MINIMUM REQUIREMENTS SPECIFIED BY THE
SECRETARY OF THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES. ALL ACKNOWLEDGMENTS AND
RESCISSIONS EXECUTED IN ACCORDANCE WITH THIS
SUBSECTION SHALL BE FILED IN THE PATERNITY
REGISTRY ESTABLISHED AND MAINTAINED BY THE
DEPARTMENT OF PUBLIC HEALTH UNDER SECTION 6 OF
THIS ACT.
(4) AN ACKNOWLEDGMENT OF PATERNITY SIGNED IN
ANY OTHER STATE ACCORDING TO ITS PROCEDURES SHALL
BE GIVEN FULL FAITH AND CREDIT BY THIS STATE.
(b) AN agreement to support the child by
payment of a periodic sum until the child attains
the age of eighteen years, together with
provisions for reimbursement for past due support
based upon ability to pay in accordance with the
provisions of section 17b-81, 17b-223, subsection
(b) of section 17b-179, AS AMENDED BY SECTION 10
OF THIS ACT, section 17a-90, 46b-129 or 46b-130,
and reasonable expense of prosecution of the
petition, when filed with, and approved by a judge
of said court, or in IV-D support cases, a family
support magistrate at any time, shall have the
same force and effect, retroactively or
prospectively in accordance with the terms of said
agreement, as an order of support entered by that
court, and shall be enforceable and subject to
modification in the same manner as is provided by
law for orders of the court in such cases. Past
due support in such cases shall be limited to the
three years next preceding the date of the filing
of such agreements to support. Payments under such
agreement shall be made to the petitioner, except
that in [such other non-IV-D support cases payable
through the Support Enforcement Division and in]
IV-D support cases, as defined in subsection (b)
of section 46b-231, AS AMENDED BY SECTIONS 26 AND
36 OF THIS ACT, payments shall be made to the
[Bureau of Collection Services] BUREAU OF CHILD
SUPPORT ENFORCEMENT OR ITS DESIGNATED AGENCY. Such
written [affirmations, waivers, acknowledgments
and] agreements to support shall be on forms
prescribed by the Office of the Chief Court
Administrator and shall be sworn to, and shall be
binding on the person executing the same whether
he is an adult or a minor. [Such mother shall not
be excused from making such affirmation on the
ground that it may tend to disgrace or incriminate
her; nor shall she thereafter be prosecuted for
any criminal act involved in the conception of the
child as to whose paternity she makes
affirmation.]
[(b)] (c) At any time after the [filing with
the court] SIGNING of any acknowledgment of
paternity, upon the application of any interested
party, the court or any judge thereof or any
family support magistrate in IV-D support cases
shall cause a summons, signed by him, by the clerk
of said court or by a commissioner of the Superior
Court, to be issued, requiring the [putative]
ACKNOWLEDGED father to appear in court at a time
and place as determined by the clerk but not more
than ninety days after the issuance of the
summons, to show cause, if any he has, why the
court or the family support magistrate assigned to
the judicial district in IV-D support cases should
not enter judgment for support of the child by
payment of a periodic sum until the child attains
the age of eighteen years, together with provision
for reimbursement for past due support based upon
ability to pay in accordance with the provisions
of section 17b-81, 17b-223, subsection (b) of
section 17b-179, AS AMENDED BY SECTION 10 OF THIS
ACT, section 17a-90, 46b-129 or 46b-130, A
PROVISION FOR HEALTH COVERAGE OF THE CHILD AS
REQUIRED BY SECTION 46b-215, AS AMENDED BY SECTION
25 OF THIS ACT, and reasonable expense of the
action under this subsection. [on the
acknowledgment of paternity previously filed with
said court.] SUCH COURT OR FAMILY SUPPORT
MAGISTRATE, IN IV-D CASES, SHALL ALSO HAVE THE
AUTHORITY TO ORDER THE ACKNOWLEDGED FATHER 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. The
application, summons and order shall be on forms
prescribed by the Office of the Chief Court
Administrator. Proceedings to obtain such orders
of support shall be commenced by the service of
such summons on the [putative] ACKNOWLEDGED
father. A sheriff or proper officer shall make due
return of process to the court not less than
twenty-one days before the date assigned for
hearing. The prior judgment as to paternity shall
be res judicata AS TO THAT ISSUE for all paternity
acknowledgments filed with the court on or after
March 1, 1981, [as to that issue] BUT BEFORE THE
EFFECTIVE DATE OF THIS ACT, and shall not be
reconsidered by the court [,] unless the person
seeking review of the acknowledgment petitions the
superior court for the judicial district having
venue for a hearing on the issue of paternity
within three years of such judgment. In addition
to such review, if the acknowledgment of paternity
was filed prior to March 1, 1981, the
acknowledgment of paternity may be reviewed by
denying the allegation of paternity in response to
the initial petition for support, whenever it is
filed. All such payments shall be made to the
petitioner, except that in [such other non-IV-D
support cases payable through the Support
Enforcement Division and in] IV-D support cases,
as defined in subsection (b) of section 46b-231,
AS AMENDED BY SECTIONS 26 AND 36 OF THIS ACT,
payments shall be made to the [Bureau of
Collection Services] STATE, ACTING BY AND THROUGH
THE IV-D AGENCY.
[(c)] (d) Whenever a petition is filed for
review of an acknowledgment of paternity of a
child who is or has been supported by the state,
and review of such acknowledgment of paternity is
granted by the court pursuant to subsection [(b)]
(c) of this section, and upon review, the court or
family support magistrate finds that the
petitioner is not the father of the child, the
Department of Social Services shall refund to the
petitioner any money paid by the petitioner to the
state during any period such child was supported
by the state.
(e) IN IV-D SUPPORT CASES, AS DEFINED IN
SUBDIVISION (13) OF SUBSECTION (b) OF SECTION
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, A COPY OF ANY SUPPORT ORDER ESTABLISHED
PURSUANT TO THIS SECTION SHALL BE PROVIDED TO EACH
PARTY AND THE STATE CASE REGISTRY WITHIN FOURTEEN
DAYS AFTER ISSUANCE OF SUCH ORDER OR
DETERMINATION.
Sec. 24. Subsection (f) of section 46b-172a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(f) By filing a claim under this section, the
putative father submits to the jurisdiction of the
court of probate. [, and waives his right to a
jury trial.]
Sec. 25. Section 46b-215 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Superior Court or a family support
magistrate shall have authority to make and
enforce orders for payment of support against any
person who neglects or refuses to furnish
necessary support to his or her spouse or a child
under the age of eighteen, according to his or her
ability to furnish such support, notwithstanding
the provisions of section 46b-37. ANY SUCH SUPPORT
ORDER IN A IV-D SUPPORT CASE SHALL INCLUDE A
PROVISION FOR THE HEALTH CARE COVERAGE OF THE
CHILD WHICH PROVISION MAY INCLUDE AN ORDER FOR
EITHER PARENT TO NAME ANY CHILD UNDER EIGHTEEN AS
A BENEFICIARY OF ANY MEDICAL OR DENTAL INSURANCE
OR BENEFIT PLAN CARRIED BY SUCH PARENT OR
AVAILABLE TO SUCH PARENT ON A GROUP BASIS THROUGH
AN EMPLOYER OR A UNION. Proceedings to obtain such
orders of support shall be commenced by the
service on the liable person or persons of a
verified petition with summons and order, in a
form prescribed by the Office of the Chief Court
Administrator, of the husband or wife, child or
any relative or the conservator, guardian or
support enforcement officer, town or state, or any
selectmen or the public official charged with the
administration of public assistance of the town,
or in AFDC support cases, as defined in
SUBDIVISION (14) OF subsection (b) of section
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
For purposes of this section, the term "child"
shall include one born out of wedlock whose father
has acknowledged in writing his 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. 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. 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. Said court or
family support magistrate shall also have
authority to determine, order and enforce payment
of any support due because of neglect or refusal
to furnish support prior to the action. 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. The state shall
disclose to the court any information in its
possession concerning current and past ability to
pay. With respect to such orders entered into on
or after October 1, 1991, 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 known or, if not known, based upon assistance
rendered to the child. Any finding as to support
due for periods of time prior to the action which
is made without information concerning past
ability to pay shall be entered subject to
adjustment when such information becomes available
to the court. Such adjustment may be made upon
motion of any party within four months from the
date upon which the obligor receives notification
of (1) the amount of such finding of support due
for periods of time prior to the action and (2)
the right within four months of receipt of such
notification to present evidence as to his past
ability to pay support for such periods of time
prior to the action. The judge or family support
magistrate shall cause a summons, signed by him,
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 sheriff, any proper officer or
any investigator employed by the Department of
Social Services or by the Commissioner of
Administrative Services. The sheriff, 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. 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. 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
hereunder, may be punished as contempt of court
and the costs of commitment of any person
imprisoned therefor shall be paid by the state as
in criminal cases. Except as otherwise provided,
upon proof of the service of the summons to appear
in court or before a family support magistrate at
the time and place named for a hearing upon the
failure of the defendant or defendants to obey
such court order or order of the family support
magistrate, the court or family support magistrate
may order a capias mittimus be issued, and
directed to some proper officer to arrest such
defendant or defendants and bring him or them
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. 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 hereunder, MAY 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,
AND may 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, AS AMENDED
BY SECTION 32 OF THIS ACT, provided such failure
was without good cause, may issue [a wage] AN
INCOME withholding order against such amount of
any debt accruing by reason of personal services
as provided by sections 52-362, AS AMENDED BY
SECTION 28 OF THIS ACT, 52-362b and 52-362c, and
may further 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. 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. 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-AFDC 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
[may] 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. [through
the Support Enforcement Division and shall direct
payments made under such orders to the
Commissioner of Administrative Services, with
authority residing in the Support Enforcement
Division to enforce all orders directed for its
supervision.]
(d) No order for support made by the court or
a family support magistrate shall be stayed by an
appeal but such order shall continue in effect
until a determination is made thereon upon such
appeal; if however as a result of such appeal or
further hearing, the amount of such order is
reduced or vacated, such defendant shall be
credited or reimbursed accordingly.
(e) Any court or family support magistrate,
called upon to enforce a support order, shall
insure that such order is reasonable in light of
the obligor's ability to pay. Any support order
entered pursuant to this section, or any support
order from another jurisdiction subject to
enforcement by the state of Connecticut, may be
modified by motion of the party seeking such
modification upon a showing of a substantial
change in the circumstances of either party or
upon a showing that such support order
substantially deviates from the child support
guidelines established pursuant to section
46b-215a, unless there was a specific finding on
the record that the application of the guidelines
would be inequitable or inappropriate, provided
the court or family support magistrate finds that
the obligor or the obligee and any other
interested party have received actual notice of
the pendency of such motion and of the time and
place of the hearing on such motion. There shall
be a rebuttable presumption that any deviation of
less than fifteen per cent from the child support
guidelines is not substantial and any deviation of
fifteen per cent or more from the guidelines is
substantial. Modification may be made of such
support order without regard to whether the order
was issued before, on or after May 9, 1991. No
such support orders may be subject to retroactive
modification, except that the court or family
support magistrate may order modification with
respect to any period during which there is a
pending motion for a modification of an existing
support order from the date of service of the
notice of such pending motion upon the opposing
party pursuant to section 52-50. In any hearing to
modify any support order from another jurisdiction
the court or the family support magistrate shall
conduct the proceedings in accordance with the
procedure set forth in section 46b-197.
(f) IN IV-D SUPPORT CASES, AS DEFINED IN
SUBDIVISION (13) OF SUBSECTION (b) OF SECTION
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
Sec. 26. Section 46b-231 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) This section shall be known and may be
cited as the "Family Support Magistrate's Act".
(b) For the purposes of this section:
[(1) "AFDC cases" are cases in which an
individual is receiving benefits under Title IV-A
of the Social Security Act;]
[(2)] (1) "Chief Family Support Magistrate"
means the family support magistrate designated by
the Chief Court Administrator as provided in
subsection [(f)] (g) of this section; [to
determine and enforce child support orders under
this section and designated to administer
proceedings to enforce such orders;]
[(3)] (2) "Child support enforcement services"
means the services provided [for the establishment
and enforcement of support by the department] 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;
[(4)] (3) "Commissioner" means the
Commissioner of Social Services, a designee or
authorized representative;
[(5)] (4) "Connecticut Child Support
Enforcement Bureau" means a division within the
Department of Social Services established pursuant
to section 17b-179, AS AMENDED BY SECTION 10 OF
THIS ACT;
[(6)] (5) "Department" means the Department of
Social Services or any bureau, division or agency
of the Department of Social Services;
[(7)] (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
utilizing quasi-judicial proceedings;
[(8)] (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;
[(9)] (8) "Foster care cases" are cases in
which children are receiving foster care under
Title IV-E of the Social Security Act;
[(10)] (9) "Law" includes both common and
statute law;
[(11)] (10) "Obligee" means any person to whom
a duty of support is owed;
[(12)] (11) "Obligor" means any person owing a
duty of support;
[(13)] (12) "IV-D agency" means the agency
created by section 17b-179, AS AMENDED BY SECTION
10 OF THIS ACT, the Child Support Enforcement
Bureau of the Department of Social Services, to
administer the child support program mandated by
Title IV-D of the Social Security Act;
[(14)] (13) "IV-D support cases" are [actions
for child and spousal support] THOSE IN WHICH THE
IV-D AGENCY IS PROVIDING CHILD SUPPORT ENFORCEMENT
SERVICES under Title IV-D of the Social Security
Act; [and include cases in which support rights
have been assigned to the state in AFDC cases and
in foster care cases or cases in which a person
has applied, prior to October 1, 1993, to the
Support Enforcement Division of the Superior
Court, or applied, on or after October 1, 1993, to
the Department of Social Services, for
child-support enforcement services.]
(14) "SUPPORT ORDER" MEANS A JUDGMENT, DECREE
OR ORDER, WHETHER TEMPORARY, FINAL OR SUBJECT TO
MODIFICATION, ISSUED BY A COURT OF COMPETENT
JURISDICTION, FOR THE SUPPORT AND MAINTENANCE OF A
CHILD, INCLUDING A CHILD WHO HAS ATTAINED THE AGE
OF MAJORITY UNDER THE LAW OF THE ISSUING STATE, OR
A CHILD AND PARENT WITH WHOM THE CHILD IS LIVING,
WHICH PROVIDES FOR MONETARY SUPPORT, HEALTH CARE,
ARREARAGES OR REIMBURSEMENT, AND WHICH MAY INCLUDE
RELATED COSTS AND FEES, INTEREST AND PENALTIES,
INCOME WITHHOLDING, ATTORNEYS' FEES AND OTHER
RELIEF.
(c) The remedies herein provided are in
addition to and not in substitution for any other
remedy.
(d) 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) Repealed by P.A. 91-190, S. 8, 9.
(f) The Family Support Magistrate Division
shall include nine family support magistrates who
shall be appointed by the Governor to serve in
that capacity for a term of three years. A family
support magistrate may be reappointed upon
completion of his term of office by the Governor.
To be eligible for appointment, a family support
magistrate must have engaged in the practice of
law for five years prior to his appointment and
shall be experienced in the field of family law.
He shall devote full time to his duties as a
family support magistrate and shall not engage in
the private practice of law. A family support
magistrate may be removed from office by the
Governor for cause.
(g) 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) (1) On and after January 1, 1993, the
Chief Family Support Magistrate shall receive a
salary of seventy-two thousand seven hundred
ninety-one dollars, and other family support
magistrates shall receive an annual salary of
sixty-eight thousand two hundred seventy-one
dollars.
(2) On and after July 1, 1995, the Chief
Family Support Magistrate shall receive a salary
of seventy-four thousand nine hundred seventy-five
dollars, and other family support magistrates
shall receive an annual salary of seventy thousand
three hundred nineteen dollars.
(3) On and after July 1, 1996, the Chief
Family Support Magistrate shall receive a salary
of seventy-seven thousand two hundred twenty-four
dollars, and other family support magistrates
shall receive an annual salary of seventy-two
thousand four hundred twenty-nine dollars.
(i) (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 holding such
office on June 22, 1992, 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.
(j) 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 assistant clerk
designated to serve in a judicial district for the
Family Support Magistrate Division shall promptly
notify the obligee and the obligor or the attorney
for the obligee or obligor of any support order
entered by a family support magistrate assigned to
such judicial district. Such notice shall set
forth in full the terms of the support order
entered by the family support magistrate.] 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) The Chief Court Administrator shall
arrange for the recording of all hearings before
the family support magistrate by contract or
otherwise.
(l) The judges of the Superior Court shall
adopt rules of procedure in accordance with the
provisions of section 51-14 for the handling of
IV-D support cases by magistrates. Such rules of
procedure shall conform when applicable to rules
adopted for the Superior Court.
(m) The Chief Family Support Magistrate and
the family support magistrates shall have the
powers and duties enumerated in this subsection.
(1) A family support magistrate in IV-D
support cases may compel the attendance of
witnesses or the obligor under a summons issued
pursuant to sections 17b-745, AS AMENDED BY
SECTION 11 OF THIS ACT, 46b-172, AS AMENDED BY
SECTION 23 OF THIS ACT, and 46b-215, AS AMENDED BY
SECTION 25 OF THIS ACT, or under 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 a summons, subpoena or
citation issued by the 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 some proper officer to arrest the
obligor or the witness and bring him before a
family support magistrate. Whenever such a capias
mittimus is ordered, the family support magistrate
shall establish a recognizance to the state of
Connecticut in the form of a bond of such
character and amount as to assure the appearance
of the obligor at the next regular session of the
Family Support Magistrate Division in the judicial
district in which the matter is pending. If the
obligor posts such a bond, and thereafter fails to
appear before the family support magistrate at the
time and place he is ordered to appear, the family
support magistrate may order the bond forfeited,
and the proceeds thereof paid to the state in AFDC
cases or the obligee in non-AFDC cases.
(2) Family support magistrates shall hear and
determine matters involving child and spousal
support in IV-D support cases including petitions
for support brought pursuant to sections 17b-81,
17b-179, AS AMENDED BY SECTION 10 OF THIS ACT,
17b-745, AS AMENDED BY SECTION 11 OF THIS ACT, and
46b-215, AS AMENDED BY SECTION 25 OF THIS ACT;
applications for show cause orders in IV-D support
cases brought pursuant to subsection (b) of
section 46b-172, AS AMENDED BY SECTION 23 OF THIS
ACT, and actions for interstate enforcement of
child and spousal support under sections 46b-180
to 46b-211, inclusive, and shall hear and
determine all motions for modifications of child
and spousal support in such cases. IN ALL IV-D
CASES, FAMILY SUPPORT MAGISTRATES SHALL HAVE THE
AUTHORITY TO ORDER ANY OBLIGOR WHO IS SUBJECT TO A
PLAN FOR REIMBURSEMENT OF PAST-DUE SUPPORT AND IS
NOT INCAPACITATED, TO PARTICIPATE IN WORK
ACTIVITIES WHICH MAY INCLUDE, BUT SHALL NOT BE
LIMITED TO, JOB SEARCH, TRAINING, WORK EXPERIENCE
AND PARTICIPATION IN THE JOB TRAINING AND
RETRAINING PROGRAM ESTABLISHED BY THE LABOR
COMMISSIONER PURSUANT TO SECTION 31-3t. A family
support magistrate shall not modify an order for
periodic payment on an arrearage due the state for
state assistance which has been discontinued to
increase such payments, unless the family support
magistrate first determines that the state has
made a reasonable effort to notify the current
recipient of child support, at the most current
address available to the IV-D agency, of the
pendency of the motion to increase such periodic
arrearage payments and of the time and place of
the hearing on such motion. If such recipient
appears, either personally or through a
representative, at such hearing, the family
support magistrate shall determine whether the
order in effect for child support is reasonable in
relation to the current financial circumstances of
the parties, prior to modifying an order
increasing such periodic arrearage payments.
(3) Family support magistrates shall review
and approve or modify all agreements for support
in IV-D support cases filed with the Family
Support Magistrate Division in accordance with
sections 17b-179, AS AMENDED BY SECTION 10 OF THIS
ACT, 17b-745, AS AMENDED BY SECTION 11 OF THIS
ACT, 46b-172, AS AMENDED BY SECTION 23 OF THIS
ACT, 46b-215, AS AMENDED BY SECTION 25 OF THIS
ACT, 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. [, except that an order to
modify existing child and spousal support orders
entered in actions brought pursuant to chapter
815j shall be subject to the approval of a judge
of the Superior Court and may be modified by such
judge.] Family support magistrates, in deciding if
a spousal or [child-support] CHILD SUPPORT order
should be modified, shall make such determination
based upon the criteria set forth in section
46b-84, AS AMENDED BY SECTION 17 OF THIS ACT, and
section 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 the family
support magistrate in accordance with the
provisions of chapter 815y. [, except that if a
party to the action demands trial by jury,
pursuant to section 46b-164, the matter shall be
referred for trial to the superior court for the
judicial district where the case was filed.]
(6) [Acknowledgments of paternity and
agreements] AGREEMENTS for support obtained in
[AFDC] IV-D SUPPORT cases [, or cases in which the
mother of the child has applied for IV-D
services,] 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 [or the putative father] resides,
pursuant to SUBSECTION (b) OF section 46b-172, AS
AMENDED BY SECTION 23 OF THIS ACT, and shall
become effective as an order upon filing with the
clerk. Such support agreements shall be reviewed
by the family support magistrate who shall approve
or disapprove the agreement. If the support
agreement filed with the clerk is disapproved by a
family support magistrate, such disapproval shall
have a retroactive effect.
(7) Family support magistrates shall enforce
orders for child and spousal support entered by
such family support magistrate and by the Superior
Court in IV-D support cases by citing an obligor
for contempt. FAMILY SUPPORT MAGISTRATES, IN IV-D
CASES, 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.
FAMILY SUPPORT MAGISTRATES SHALL ALSO ENFORCE
INCOME WITHHOLDING ORDERS ENTERED PURSUANT TO
SECTION 52-362, AS AMENDED BY SECTION 28 OF THIS
ACT, 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 that 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. 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 paid to the
state in AFDC cases or the obligee in non-AFDC
cases, as the family support magistrate may
determine, 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; and if he so finds, he
will appoint an attorney to represent him.
(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 [a
wage garnishment or] AN INCOME withholding order,
the magistrate may require the obligor to execute
a bond or post other security sufficient to
perform such order for support, provided the
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 paid to the
state in AFDC cases or to the obligee in non-AFDC
cases.
(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.
(n) (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 [and payment of a
fifty-five dollar filing fee] 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. 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) 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) 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) 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) 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, AS AMENDED BY SECTION 10 OF THIS
ACT, 17b-743 AND 17b-744, 17b-745, AS AMENDED BY
SECTION 11 OF THIS ACT, [to] 17b-746, [inclusive,]
subsection (a) of section 46b-55, sections
46b-59a, 46b-86 and 46b-172, AS AMENDED BY SECTION
23 OF THIS ACT, this chapter, subsection (b) of
section 51-348, section 52-362, AS AMENDED BY
SECTION 28 OF THIS ACT, subsection (a) of section
52-362d, AS AMENDED BY SECTION 29 OF THIS ACT,
subsection (a) of section 52-362e, AS AMENDED BY
SECTION 30 OF THIS ACT, 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, AS AMENDED BY SECTION 10 OF THIS
ACT, 17b-745, AS AMENDED BY SECTION 11 OF THIS
ACT, 52-362, AS AMENDED BY SECTION 28 OF THIS ACT,
52-362d, AS AMENDED BY SECTION 29 OF THIS ACT,
52-362e, AS AMENDED BY SECTION 30 OF THIS ACT, 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 said
section 52-362, AS AMENDED BY SECTION 28 OF THIS
ACT.
(s) Support enforcement officers of the
Support Enforcement Division of the Superior Court
shall:
(1) Supervise the payment of any child or
spousal support order made by a family support
magistrate. Supervision of such orders is defined
as the utilization of all procedures available by
law to collect child or spousal support, including
issuance and implementation of [wage] INCOME
withholdings ordered by a family support
magistrate pursuant to section 52-362, AS AMENDED
BY SECTION 28 OF THIS ACT, and 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 he 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;
(2) In non-AFDC cases, have the authority to
bring petitions for support orders pursuant to
section 46b-215, AS AMENDED BY SECTION 25 OF THIS
ACT, 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, AS AMENDED BY
SECTION 23 OF THIS ACT, and in IV-D cases, enforce
foreign support orders registered with the Family
Support Magistrate Division pursuant to section
46b-198b, 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) In non-AFDC IV-D cases, review child
support orders at the request of either parent
subject to a support order or, IN AFDC CASES,
REVIEW CHILD SUPPORT ORDERS at the request of the
Bureau of Child Support Enforcement, and initiate
an action before a family support magistrate to
modify such support order if it is determined upon
such review that the order substantially deviates
from the child support guidelines established
pursuant to section 46b-215a or 46b-215b. THE
REQUESTING PARTY SHALL HAVE A RIGHT TO SUCH REVIEW
EVERY THREE YEARS WITHOUT PROVING A SUBSTANTIAL
CHANGE IN CIRCUMSTANCES; MORE FREQUENT REVIEWS
SHALL BE MADE ONLY IF THE 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.
[(5) In AFDC IV-D cases, review child support
orders and initiate an action before a family
support magistrate to modify such support order if
it is determined upon such review that (A) there
is substantial change in the circumstances of
either party, or (B) the order substantially
deviates from the child support guidelines
established pursuant to section 46b-215a or
46b-215b. 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) 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) Represent the petitioner in proceedings
for enforcement of interstate support enforcement
under sections 46b-180 to 46b-211, inclusive,
unless the petitioner is represented by an
attorney retained by the petitioner;
(3) Represent the IV-D agency in providing
support enforcement services in non-AFDC IV-D
support cases pursuant to sections 17b-179, AS
AMENDED BY SECTION 10 OF THIS ACT, 17b-745, AS
AMENDED BY SECTION 11 OF THIS ACT, and 46b-215, AS
AMENDED BY SECTION 25 OF THIS ACT.
(u) (1) The Department of Social Services may
in IV-D cases [(1)] (A) bring petitions for
support orders pursuant to section 46b-215, AS
AMENDED BY SECTION 25 OF THIS ACT, [(2)] (B)
obtain acknowledgments of paternity, [(3)] (C)
bring applications for show cause orders pursuant
to section 46b-172, AS AMENDED BY SECTION 23 OF
THIS ACT, and [(4)] (D) file agreements for
support with the assistant clerk of the Family
Support Magistrate Division.
(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.
Sec. 27. Subsection (a) of section 52-251d of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) In any civil action to establish paternity
or to establish, modify or enforce child support
orders in AFDC cases pursuant to sections
[17b-748] 17b-745, AS AMENDED BY SECTION 11 OF
THIS ACT, 46b-86, 46b-171, AS AMENDED BY SECTION
22 OF THIS ACT, 46b-160, AS AMENDED BY SECTION 19
OF THIS ACT, 46b-172, AS AMENDED BY SECTION 23 OF
THIS ACT, 46b-180, 46b-215, AS AMENDED BY SECTION
25 OF THIS ACT, and 46b-231, [of the general
statutes] AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, the court may allow the state, when it is the
prevailing party, a reasonable attorney's fee.
Sec. 28. Section 52-362 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this section:
(1) "Dependent" means a spouse, former spouse
or child entitled to payments under a support
order, provided the Support Enforcement Division
of the Superior Court or the state acting under an
assignment of a dependent's support rights or
under an application for child support enforcement
services shall, through an officer of the Support
Enforcement Division or the Child Support
[Division] ENFORCEMENT BUREAU of the Department of
Social Services or an investigator of the Bureau
of Collection Services or the Attorney General,
take any action which the dependent could take to
enforce a support order;
(2) "Disposable earnings" means that part of
the earnings of an individual remaining after
deduction from those earnings of amounts required
to be withheld for the payment of federal, state
and local income taxes, employment taxes, normal
retirement contributions, union dues and
initiation fees, and group life and health
insurance premiums;
(3) "Earnings" means any debt accruing to an
obligor by reason of his personal services,
including any compensation payable by an employer
to an employee for such personal services whether
denominated as wages, salary, commission, bonus or
otherwise, including [payments from retirement
plans, and including] unemployment compensation if
a purchase of service agreement between the
Commissioner of Social Services and the Labor
Commissioner is in effect pursuant to subsection
(e) of section 17b-179, AS AMENDED BY SECTION 10
OF THIS ACT;
(4) "Employer" means any person, including the
Labor Commissioner, who owes earnings to an
obligor;
(5) "INCOME" MEANS ANY PERIODIC FORM OF
PAYMENT DUE TO AN INDIVIDUAL, REGARDLESS OF
SOURCE, INCLUDING, BUT NOT LIMITED TO, DISPOSABLE
EARNINGS, WORKERS' COMPENSATION AND DISABILITY
BENEFITS, PAYMENTS PURSUANT TO A PENSION OR
RETIREMENT PROGRAM AND INTEREST;
[(5)] (6) "Obligor" means a person required to
make payments under a support order;
[(6)] (7) "Support order" means a court order,
or order of a family support magistrate including
an agreement approved by a court or a family
support magistrate, that requires the payment to a
dependent of either current support payments,
payments on an arrearage, or both;
[(7)] (8) "Unemployment compensation" means
any compensation payable under chapter 567,
including amounts payable by the administrator of
the unemployment compensation law pursuant to an
agreement under any federal law providing for
compensation, assistance or allowances with
respect to unemployment.
(b) The Superior Court and any family support
magistrate shall issue an order for withholding
pursuant to this section against the [earnings]
INCOME of an obligor to enforce a support order
when the support order is entered or modified or
when the obligor is before the court in an
enforcement proceeding. The court shall order the
withholding to be effective immediately or may,
for cause or pursuant to an agreement by the
parties, order a contingent withholding to be
effective only on [(1) the filing with the court
or the assistant clerk of the Family Support
Magistrate Division of an affidavit, sufficient
under subsection (d) of this section, as to the
obligor's delinquency or (2) an order of the court
or a family support magistrate after a hearing
pursuant to subsection (e) of this section]
ACCRUAL OF A DELINQUENCY IN AN AMOUNT GREATER THAN
OR EQUAL TO THIRTY DAYS' OBLIGATION. ANY FINDING
THAT THERE IS CAUSE NOT TO ORDER WITHHOLDING TO BE
EFFECTIVE IMMEDIATELY SHALL BE BASED ON AT LEAST
(1) A WRITTEN DETERMINATION THAT, AND EXPLANATION
BY THE COURT OR FAMILY SUPPORT MAGISTRATE OF WHY,
IMPLEMENTING IMMEDIATE INCOME WITHHOLDING WOULD
NOT BE IN THE BEST INTERESTS OF THE CHILD, AND (2)
PROOF OF TIMELY PAYMENT OF PREVIOUSLY ORDERED
SUPPORT IN CASES INVOLVING THE MODIFICATION OF
SUCH SUPPORT. Before the court or family support
magistrate issues an order for withholding which
is effective immediately against an obligor who is
before the court or a family support magistrate,
it shall inform the obligor of the minimum amount
of [earnings] INCOME which [are] IS exempt from
withholding under state and federal law, of his
right to claim any applicable state or federal
exemptions with respect thereto and of his right
to offer any evidence as to why a withholding
order effective immediately should not issue. If
the court or family support magistrate issues an
order for withholding to be effective immediately
against a nonappearing obligor, notice shall be
served subsequently upon the obligor in accordance
with section 52-57 or sent by certified mail,
return receipt requested, to the obligor's last
known address, informing him: (A) That a support
order has been issued to be enforced by [a wage]
AN INCOME withholding order, (B) that [a wage] AN
INCOME withholding order has been issued effective
immediately as part of the support order, (C) of
the minimum amount of [earnings] INCOME exempt
from withholding under state and federal law and
of his right at the hearing on the support order
to claim any other applicable state or federal
exemptions with respect thereto, (D) of his right
to a hearing, upon motion to the court, to offer
any evidence as to why the withholding order
effective immediately should not continue in
effect, (E) of the amount of income received by
him which formed the basis for the support order
against him, and (F) of his right to move to
modify the support order if his income has changed
substantially or if the support order
substantially deviates from the child support
guidelines established pursuant to section
46b-215a.
(c) (1) If an obligor is delinquent on support
payments on any prior order of support in an
amount greater than or equal to thirty days'
obligation, [or] WHETHER OR NOT SUCH ORDER IS
SUBJECT TO a contingent [wage] INCOME withholding,
[has been ordered,] HE SHALL BECOME SUBJECT TO
WITHHOLDING AND the dependent [may] SHALL cause a
delinquency notice to be served on [the obligor]
HIM. The delinquency notice shall include a claim
form and be in clear and simple language informing
the obligor that [(1)] (A) he is [alleged to be]
delinquent under the support order in a specified
amount and any additional amounts accruing until
the effective date of the withholding order, [(2)]
(B) a withholding order [will] HAS become
effective against his [earnings, which may include
unemployment compensation, unless, within] INCOME,
(C) HE HAS fifteen days [, he requests] TO REQUEST
a hearing before the court or family support
magistrate, [(3)] AND at such hearing he may
contest the claimed delinquency AND THE IMPOSITION
OF THE INCOME WITHHOLDING, seek modification of
the withholding order, and claim any lawful
exemption with respect to his [earnings, (4)]
INCOME, (D) he has a right to seek modification of
the support order by a proper motion filed with
the court or family support magistrate, [(5)] (E)
the first one hundred forty-five dollars of
disposable [earnings] INCOME per week are exempt,
and [(6)] (F) the amount of the withholding order
may not exceed the maximum percentage of
disposable [earnings] INCOME which may be withheld
pursuant to Section 1673 of Title 15 of the United
States Code, together with a statement of his
right to claim any other applicable state or
federal exemptions with respect thereto. The claim
form shall contain a checklist identifying the
most common defenses and exemptions such that the
obligor may check any which apply to him and a
space where the obligor may briefly explain his
claim or request a modification of or raise a
defense to the support order.
(2) AN OBLIGOR SHALL BECOME SUBJECT TO
WITHHOLDING TO ENFORCE A PRIOR ORDER OF SUPPORT
UPON THE REQUEST OF THE DEPENDENT REGARDLESS OF
ANY DELINQUENCY, AND WHETHER OR NOT SUCH ORDER IS
SUBJECT TO A CONTINGENT INCOME WITHHOLDING. IN
SUCH CASES, THE DEPENDENT SHALL CAUSE A NOTICE TO
BE SERVED ON SUCH OBLIGOR WHICH NOTICE SHALL
COMPLY IN ALL RESPECTS WITH THE DELINQUENCY NOTICE
REQUIRED UNDER SUBDIVISION (1) OF THIS SUBSECTION
EXCEPT THAT SUCH NOTICE SHALL NOT BE REQUIRED TO
ALLEGE A DELINQUENCY.
[(d) If, within fifteen days of service of the
delinquency notice, the obligor fails to request a
hearing, the dependent may file with the court or
assistant clerk of the Family Support Magistrate
Division, a copy of the notice and an affidavit
stating that: (1) The delinquency notice,
including the claim form, was served in accordance
with subsection (i) of this section on the obligor
at least fifteen days before filing the affidavit,
and (2) there was an amount past due equal to at
least thirty days obligation at the time of notice
which has not been fully paid. On receipt of the
notice and affidavit, the clerk of the court or
assistant clerk of the Family Support Magistrate
Division shall ensure that such papers are in
order and, without hearing, forthwith certify that
the withholding order is in effect and issue any
necessary process against the earnings of the
obligor.]
[(e)] (d) An obligor may claim a defense based
upon mistake of fact, an exemption in accordance
with subsection [(f)] (e) of this section with
respect to the withholding order, or may file by
motion a modification or defense to the support
order [to be] BEING enforced by the withholding,
by delivering a signed claim form, or other
written notice or motion, with his address
thereon, indicating the nature of the claim or
grounds of the motion, to the clerk of the
Superior Court or the assistant clerk of the
Family Support Magistrate Division within fifteen
days of receipt of notice. If a claim or motion is
filed, imposition of the withholding order shall
be stayed until the claim or motion is decided by
the court or a family support magistrate. On
receipt of the claim or motion, the clerk shall
promptly enter the appearance of the obligor, set
the matter for a short calendar hearing, send a
file-stamped copy of the claim or motion to the
person or agency of the state to whom the support
order is payable and notify all parties of the
hearing date set. The court or family support
magistrate shall promptly hear and determine the
claim or motion and notify the obligor within
forty-five days from the date of the [delinquency]
notice REQUIRED UNDER SUBSECTION (c) OF THIS
SECTION of its determination. Unless the obligor
successfully shows cause why the withholding order
should not [take] CONTINUE IN effect, the court or
family support magistrate shall order that the
outstanding withholding order [take] CONTINUE IN
effect against the nonexempt [earnings] INCOME of
the obligor to the extent provided under
subsection [(f)] (e) of this section. The order
shall be a final judgment for purposes of appeal.
The effect of the withholding order shall not be
stayed on appeal except by order of the court or a
family support magistrate.
[(f)] (e) A withholding order shall issue in
the amount necessary to enforce a support order
against only such nonexempt [earnings] INCOME of
the obligor as [exceed] EXCEEDS the greater of (1)
the first one hundred forty-five dollars per week
of disposable [earnings] INCOME, or (2) the amount
exempt under Section 1673 of Title 15 of the
United States Code, or against any lesser amount
which the court or family support magistrate deems
equitable. The withholding order shall secure
payment of past and future amounts due under the
support order and an additional amount [equal to
twenty per cent of the current order or ten
dollars weekly, whichever is greater] COMPUTED IN
ACCORDANCE WITH THE CHILD SUPPORT GUIDELINES
ESTABLISHED IN ACCORDANCE WITH SECTION 46b-215a,
to be applied toward liquidation of any arrearage
accrued under such order, unless contested by the
obligor after a [delinquency] notice has been
served pursuant to subsection (c) of this section,
in which case the court or family support
magistrate may determine the amount to be applied
toward the liquidation of the arrearage found to
have accrued under prior order of the court or
family support magistrate. IN NO EVENT SHALL SUCH
ADDITIONAL AMOUNT BE APPLIED IF THERE IS AN
EXISTING ARREARAGE ORDER FROM THE COURT OR FAMILY
SUPPORT MAGISTRATE IN A IV-D SUPPORT CASE, AS
DEFINED IN SUBDIVISION (13) OF SUBSECTION (b) OF
SECTION 46b-231, AS AMENDED BY SECTIONS 26 AND 36
OF THIS ACT. ANY INVESTIGATOR OR OTHER AUTHORIZED
EMPLOYEE OF THE CHILD SUPPORT ENFORCEMENT BUREAU
OF THE DEPARTMENT OF SOCIAL SERVICES, OR ANY
OFFICER OF THE SUPPORT ENFORCEMENT DIVISION OF THE
SUPERIOR COURT, SHALL ISSUE A WITHHOLDING ORDER
PURSUANT TO THIS SUBSECTION WHEN THE OBLIGOR
BECOMES SUBJECT TO WITHHOLDING UNDER SUBSECTION
(c) OF THIS SECTION. On service of the order of
withholding on an existing or any future employer
OR OTHER PAYER OF INCOME, and until the support
order is fully satisfied or modified, the order of
withholding is a continuing lien and levy on the
obligor's [earnings as they become] INCOME AS IT
BECOMES due.
[(g)] (f) Commencing no later than the first
pay period IN THE CASE OF AN EMPLOYER, OR THE DATE
OF PERIODIC PAYMENT IN THE CASE OF A PAYER OF
INCOME OTHER THAN AN EMPLOYER, that occurs after
fourteen days following the date of service of an
order for withholding and within [ten] SEVEN
BUSINESS days of the date the obligor is paid
thereafter, an employer OR OTHER PAYER OF INCOME
shall pay sums withheld pursuant to the
withholding order to the person in whose favor the
withholding order was issued. When orders for
withholding are payable to the state acting by and
through the IV-D agency, the employer OR OTHER
PAYER OF INCOME (1) shall specify the dates on
which each withholding occurred and the amount
withheld for each obligor on each such date and
(2) may combine all withheld amounts into a single
payment to such IV-D agency with the portion
thereof which is attributable to each individual
[employee] OBLIGOR being separately designated. If
an employer OR OTHER PAYER OF INCOME fails to
withhold from [earnings] INCOME due an [employee]
OBLIGOR pursuant to an order for withholding or
fails to make those payments, he is liable to such
person for the full amount of [earnings] INCOME
not withheld since receipt of proper notice in an
action therefor, and the amount secured in the
action shall be applied by such person toward the
arrearage owed by the obligor. Such employer OR
OTHER PAYER OF INCOME shall be subject to a
finding of contempt by the court or family support
magistrate for failure to honor such order for
withholding.
[(h)] (g) All orders for withholding issued
pursuant to this section shall take precedence
over any execution issued pursuant to section
52-361 of the general statutes revised to 1983, or
section 52-361a. Two or more orders for
withholding may be levied concurrently under this
section, but if the total levy in any week exceeds
the maximum permitted under this section, all sums
due shall be allocated by the [employer] IV-D
AGENCY IN PROPORTION TO THE AMOUNT OF SUCH ORDERS,
giving priority in such allocation to current
support.
[(i)] (h) Service of any process under this
section, including any [delinquency] notice, may
be made in accordance with section 52-57, or by
certified mail, return receipt requested. If
service is made on behalf of the state, it may be
made by an authorized employee of the Support
Enforcement Division of the court, or by an
investigator or other officer of the Child Support
[Division] ENFORCEMENT BUREAU of the Department of
Social Services or by an investigator of the
Bureau of Collection Services or by the Attorney
General.
[(j)] (i) An applicant for employment or an
employee subject to an order for withholding
issued pursuant to this section shall have the
same protection from discipline, suspension or
discharge by an employer as provided in section
52-361a.
[(k)] (j) There shall be a fine, of not more
than one thousand dollars imposed on any employer
who discharges from employment, refuses to employ,
takes disciplinary action against or discriminates
against an employee subject to an order for
withholding issued pursuant to this section
because of the existence of such order for
withholding and the obligations or additional
obligations which it imposes upon the employer.
[(l)] (k) The employer shall notify promptly
the dependent or the Support Enforcement Division
as directed when the obligor terminates
employment, makes a claim for workers'
compensation benefits or makes a claim for
unemployment compensation benefits and provide the
obligor's last-known address and the name and
address of the obligor's new employer, if known.
(l) WHEN AN OBLIGOR WHO IS SUBJECT TO
WITHHOLDING UNDER THIS SECTION IS IDENTIFIED AS A
NEWLY HIRED EMPLOYEE PURSUANT TO SUBSECTION (d) OF
SECTION 31-2c, THE STATE AGENCY ENFORCING THE
OBLIGOR'S CHILD SUPPORT ORDER SHALL, WITHIN TWO
BUSINESS DAYS AFTER THE DATE INFORMATION REGARDING
SUCH EMPLOYEE IS ENTERED INTO THE STATE DIRECTORY
OF NEW HIRES, ISSUE A WITHHOLDING ORDER TO THE
EMPLOYER OF THE EMPLOYEE IN ACCORDANCE WITH
SUBSECTION (e) OF THIS SECTION.
(m) The provisions of this section shall be in
addition to and not in lieu of any other remedy
available at law to enforce or punish for failure
to obey a support order.
(n) When a support order is issued in another
state and the obligor has income subject to
withholding derived in this state, such income
shall be subject to withholding in accordance with
the provisions of this section, upon the
registration of the support order in accordance
with sections 46b-198, 46b-198a, 46b-198b and
46b-198c. At the request of the dependent or the
state issuing the support order, the court or a
family support magistrate in this state shall
order an immediate or contingent order for
withholding after first providing the obligor with
notice and opportunity to be heard regarding
defenses to the implementation of such order for
withholding as provided in subsections (c), (d),
(e) and (f) of this section.
(o) AN EMPLOYER WHO WITHHOLDS THE INCOME OF AN
OBLIGOR PURSUANT TO A WITHHOLDING ORDER ISSUED
UNDER SUBSECTION (e) OR (l) OF THIS SECTION THAT
IS REGULAR ON ITS FACE SHALL NOT BE SUBJECT TO
CIVIL LIABILITY TO ANY INDIVIDUAL OR AGENCY FOR
CONDUCT IN COMPLIANCE WITH SUCH ORDER.
[(o)] (p) The IV-D agency shall insure
[prompt] distribution of all money collected under
this section WITHIN TWO BUSINESS DAYS.
[(p)] (q) The judges of the Superior Court may
adopt any rules they deem necessary to implement
the provisions of this section and sections
46b-69a, 46b-178 and 52-361a and such judges, or
their designee, shall prescribe any forms required
to implement such provisions.
Sec. 29. Section 52-362d of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Whenever an order of the Superior Court or
a family support magistrate for support of a minor
child or children is issued and such payments have
been ordered to be made to the [Commissioner of
Administrative Services directly or through the
Support Enforcement Division of the Superior
Court] STATE ACTING BY AND THROUGH THE IV-D AGENCY
and the person against whom such support order was
issued [is in arrears] OWES PAST-DUE SUPPORT in
the amount of five hundred dollars or more, the
[Child Support Enforcement Bureau of the
Department of Social Services may place] STATE
SHALL HAVE a lien on any property, real or
personal, in which such person has an interest to
enforce payment of such [arrearage] PAST-DUE
SUPPORT after first providing such person with
notice of intent to place such lien, and an
opportunity for a hearing before a hearing officer
to contest the amount of such [arrearage] PAST-DUE
SUPPORT. The lien for [unpaid] PAST-DUE child
support shall be secured [by filing of a
certificate by the Commissioner of Social Services
in the records of the town or towns in which any
such real or personal property is located
describing such property] BY THE IV-D AGENCY
PURSUANT TO PROCEDURES CONTAINED IN THE GENERAL
STATUTES APPLICABLE TO THE TYPE OF PROPERTY TO BE
SECURED. Any such lien ON REAL PROPERTY may, at
any time during which the obligor owes the amount
of [unpaid] PAST-DUE child support secured by such
lien, be foreclosed in an action brought in a
court of competent jurisdiction by the
Commissioner of Social Services [if the lien is to
secure a child support obligation due the state]
IN A TITLE IV-D CASE or by the person to whom the
child support is due. [in cases not involving
assistance paid by the state.] WHEN PAST-DUE
SUPPORT IS OWING BOTH TO A FAMILY AND TO THE
STATE, THE PROCEEDS OF THE LIEN SHALL BE APPLIED
TO THE FAMILY'S PAST-DUE SUPPORT FIRST AND, WHEN
THAT IS SATISFIED, TO THE STATE'S PAST-DUE
SUPPORT. A LIEN FOR PAST-DUE SUPPORT ARISING IN
ANY OTHER STATE SHALL BE GIVEN FULL FAITH AND
CREDIT BY THIS STATE PROVIDED SUCH OTHER STATE HAS
COMPLIED WITH ITS PROCEDURAL RULES RELATING TO
RECORDING OR SERVING OF LIENS.
(b) On October 1, 1991, and monthly
thereafter, the Department of Social Services
shall compile a list of all obligors who owe
overdue support in the amount of one thousand
dollars or more accruing after the entry of an
initial court order establishing a child support
obligation. Any overdue support in an amount of
one thousand dollars or more shall be subject to
the reporting provisions of this section unless a
court or family support magistrate makes a
specific finding that the amount of such overdue
support shall not be reported. The state shall
report to any participating consumer reporting
agency, as defined in 15 USC 1681a(f), information
regarding the amount of such overdue support owed
by an obligor if the amount of such overdue
support is one thousand dollars or more, on a
computer tape in a format acceptable to the
consumer reporting agency. Such information shall
be reported by the department only after notice
has been sent by the department to such obligor of
the proposed action, and such obligor is given an
opportunity for a hearing before a hearing officer
of the department to contest the amount of the
alleged arrearage. Any such notice sent to such
obligor shall contain a telephone number and
address of the Department of Social Services and
shall contain the following language in bold type:
"If you are no longer in arrears or have received
this notice in error, please contact the
department at the following address or telephone
number." On a monthly basis, the Department of
Social Services shall provide to each consumer
reporting agency informed of the original
arrearage of an obligor updated information
concerning any such obligor and the status of
payments, including a list of obligors who no
longer owe overdue support, in such acceptable
computer format. The department shall designate
one or more persons in the department to receive
telephone or other requests from an obligor or a
consumer reporting agency regarding verification
of information supplied to a consumer reporting
agency. The department shall respond to any such
request within five working days of its receipt.
Upon satisfactory verification that an obligor is
no longer in arrears, the department shall send a
statement to such obligor, and such statement
shall constitute proof to a creditor that such
obligor is no longer in arrears as of the date of
the statement. A participating consumer reporting
agency which receives such updated information
from the department that an obligor no longer owes
any overdue support shall record such information
within thirty days of receipt of such notification
unless the information was in a format which was
unusable by the agency or contained an error which
prevented the agency from matching the updated
information to previously supplied data. Any
consumer reporting agency which negligently or
wilfully fails to use reasonable efforts to comply
with any requirement imposed under this subsection
with respect to an obligor shall be liable to such
obligor in an amount equal to the sum of (1) any
actual damages sustained by the obligor as a
result of such failure and (2) a reasonable
attorney's fee as determined by the court.
(c) The Comptroller, upon notification by the
Commissioner of Social Services that money is due
from any person as a result of a claim for support
which has been assigned to the state pursuant to
section 17b-77 or is to be paid to the
[Commissioner of Administrative Services directly
or through the Support Enforcement Division of the
Superior Court] STATE ACTING BY AND THROUGH THE
IV-D AGENCY, shall withhold any order upon the
Treasurer for payment due from winnings pursuant
to chapter 226 to such person unless the amount
payable is first reduced by the amount of such
claim for support owed to an individual for any
portion of support which has not been assigned to
the state and then by the amount of such claim for
support owed to the state, provided the
Comptroller shall notify such person that (1) an
order upon the Treasurer for payment has been
withheld as a result of the amount due for such
support and (2) he has the right to a hearing
before a hearing officer designated by the
Commissioner of Social Services if he contests the
amount of the alleged claim for support. The
Comptroller shall submit an order to the Treasurer
for payment to such persons in accordance with any
decisions of the hearing officer or the court upon
appeal of the hearing officer's decision.
(d) WHENEVER AN ORDER OF THE SUPERIOR COURT OR
A FAMILY SUPPORT MAGISTRATE FOR SUPPORT OF A MINOR
CHILD OR CHILDREN IS ISSUED AND SUCH PAYMENTS HAVE
BEEN ORDERED THROUGH THE IV-D AGENCY, AND THE
OBLIGOR AGAINST WHOM SUCH SUPPORT ORDER WAS ISSUED
OWES OVERDUE SUPPORT UNDER SUCH ORDER IN THE
AMOUNT OF FIVE HUNDRED DOLLARS OR MORE, THE IV-D
AGENCY, AS DEFINED IN SUBDIVISION (12) OF
SUBSECTION (b) OF SECTION 46b-231, AS AMENDED BY
SECTIONS 26 AND 36 OF THIS ACT, OR THE SUPPORT
ENFORCEMENT DIVISION OF THE SUPERIOR COURT MAY
NOTIFY (1) ANY STATE OR LOCAL AGENCY WITH
AUTHORITY TO DISTRIBUTE BENEFITS TO SUCH OBLIGOR
INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT
COMPENSATION AND WORKERS' COMPENSATION, (2) ANY
PERSON HAVING OR EXPECTING TO HAVE CUSTODY OR
CONTROL OF OR AUTHORITY TO DISTRIBUTE ANY AMOUNTS
DUE SUCH OBLIGOR UNDER ANY JUDGMENT OR SETTLEMENT,
(3) ANY FINANCIAL INSTITUTION HOLDING ASSETS OF
SUCH OBLIGOR, AND (4) ANY PUBLIC OR PRIVATE ENTITY
ADMINISTERING A PUBLIC OR PRIVATE RETIREMENT FUND
IN WHICH SUCH OBLIGOR HAS AN INTEREST THAT SUCH
OBLIGOR OWES OVERDUE SUPPORT IN A IV-D SUPPORT
CASE. UPON RECEIPT OF SUCH NOTICE, SUCH AGENCY,
PERSON, INSTITUTION OR ENTITY SHALL WITHHOLD
DELIVERY OR DISTRIBUTION OF ANY SUCH BENEFITS,
AMOUNTS, ASSETS OR FUNDS UNTIL RECEIPT OF FURTHER
NOTICE FROM THE IV-D AGENCY.
(e) IN IV-D CASES IN WHICH A NOTICE IS SENT
PURSUANT TO SUBSECTION (d) OF THIS SECTION, THE
IV-D AGENCY SHALL NOTIFY THE OBLIGOR THAT SUCH
BENEFITS, AMOUNTS, ASSETS OR FUNDS HAVE BEEN
WITHHELD AS A RESULT OF OVERDUE SUPPORT IN A IV-D
SUPPORT CASE IN ACCORDANCE WITH AN ORDER OF THE
SUPERIOR COURT OR FAMILY SUPPORT MAGISTRATE. THE
IV-D AGENCY SHALL FURTHER NOTIFY THE AGENCY,
PERSON, INSTITUTION OR ENTITY TO WHOM NOTICE WAS
SENT PURSUANT TO SUBSECTION (d) OF THIS SECTION AS
FOLLOWS: (1) UPON EXPIRATION OF THE TIME FOR
REQUESTING A HEARING SPECIFIED IN SECTION 17b-60,
TO MAKE PAYMENT TO THE STATE FROM ANY SUCH
BENEFITS, AMOUNTS, ASSETS OR FUNDS WITHHELD IN
ACCORDANCE WITH SUBSECTION (d) OF THIS SECTION TO
SATISFY SUCH OVERDUE SUPPORT PROVIDED, IN THE CASE
OF RETIREMENT FUNDS, SUCH PAYMENT SHALL ONLY BE
MADE IN ACCORDANCE WITH A WITHHOLDING ORDER ISSUED
UNDER SECTION 52-362, AS AMENDED BY SECTION 28 OF
THIS ACT, WHEN THE OBLIGOR IS ENTITLED TO RECEIVE
RETIREMENT BENEFITS FROM SUCH FUND; (2) UPON
PAYMENT OF SUCH OVERDUE SUPPORT BY SUCH OBLIGOR,
TO RELEASE OR DISTRIBUTE, AS APPROPRIATE, SUCH
BENEFITS, AMOUNTS, ASSETS OR FUNDS TO SUCH
OBLIGOR; OR (3) UPON ISSUANCE OF A DECISION BY THE
HEARING OFFICER OR THE COURT UPON APPEAL OF SUCH
OFFICER'S DECISION, TO TAKE SUCH OTHER ACTION AS
MAY BE ORDERED BY SUCH OFFICER OR SUCH COURT, AND
SUCH AGENCY, PERSON, INSTITUTION OR ENTITY SHALL
FORTHWITH COMPLY WITH SUCH NOTICE RECEIVED FROM
THE IV-D AGENCY.
(f) WHEN OVERDUE SUPPORT IS COLLECTED PURSUANT
TO THIS SECTION AND OVERDUE SUPPORT IS OWING BOTH
TO A FAMILY AND TO THE STATE, THE PROCEEDS
COLLECTED PURSUANT TO SUBSECTION (e) OF THIS
SECTION SHALL BE APPLIED TO THE FAMILY'S OVERDUE
SUPPORT FIRST AND, WHEN THE FAMILY'S OVERDUE
SUPPORT IS SATISFIED, TO THE STATE'S OVERDUE
SUPPORT.
[(d)] (g) The Commissioner of Social Services
shall adopt regulations, in accordance with
chapter 54, setting forth procedures providing for
adequate notice of (1) the right to a hearing
before a hearing officer and (2) procedures for
[an administrative] A FAIR hearing for any person
alleged by the commissioner to owe [a] PAST-DUE OR
OVERDUE child support [arrearage] to the state, or
to an individual when the payments have been
ordered payable to the [Commissioner of
Administrative Services directly or through the
Support Enforcement Division] STATE ACTING BY AND
THROUGH THE IV-D AGENCY, if the commissioner
[intends to place] HAS FILED a lien on the
property of such person [, or to claim] OR CLAIMED
an offset against money payable by the state [,]
to enforce a claim for payment of such [an
arrearage or to report such arrearage] PAST-DUE OR
OVERDUE SUPPORT, OR INTENDS TO SEIZE ANY BENEFITS,
AMOUNTS, ASSETS OR FUNDS WITHHELD IN ACCORDANCE
WITH SUBSECTION (d) OF THIS SECTION OR REPORT SUCH
OVERDUE SUPPORT to a consumer credit agency.
Sec. 30. Section 52-362e of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Subject to the provisions of section
52-362h, whenever an order of the Superior Court
or a family support magistrate for support of a
minor child or children is issued, and, in AFDC
cases as defined in subdivision [(1)] (13) of
subsection (b) of section 46b-231, AS AMENDED BY
SECTIONS 26 AND 36 OF THIS ACT, the person against
whom such order was issued owes past-due support
of one hundred fifty dollars or more, or in
non-AFDC IV-D support cases, as defined in
SUBDIVISION (13) OF subsection (b) of section
46b-231, AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, the person against whom such order was issued
owes [past due] PAST-DUE support of five hundred
dollars or more, the state shall submit to the
Internal Revenue Service through the federal
Office of Child Support Enforcement the name of
such person and request the withholding from
refunds of federal income taxes owed to such
person of an amount equal to the past-due support,
and payment of such withheld amount to the state
for distribution to the state for reimbursement of
public assistance in AFDC cases and in non-AFDC
IV-D support cases for distribution to the
guardian or custodial parent of such minor child
or children, after first deducting from the amount
payable to such guardian or custodial parent a
collection fee determined by the Secretary of the
Treasury to be sufficient to reimburse the
Internal Revenue Service for the cost of the
offset procedure.
(b) Subject to the provisions of subsection
(c) of this section, whenever an order of the
Superior Court or a family support magistrate for
support of a minor child or children is issued,
and, in AFDC cases, the person against whom such
support order is issued owes past-due support of
one hundred fifty dollars or more, or in non-AFDC
IV-D support cases the person against whom such
order is issued owes past-due support of five
hundred dollars or more, the Department of Social
Services shall submit to the Commissioner of
Administrative Services the name of such person
and request the withholding from refunds of state
income taxes owed to such person of an amount
equal to the past-due support, and payment of such
withheld amount by the Commissioner of Revenue
Services to the state for distribution to the
state for reimbursement of public assistance in
AFDC cases and in non-AFDC IV-D support cases for
distribution to the guardian or custodial parent
of such minor child or children. Whenever an order
of the Superior Court or family support magistrate
is issued against a parent to cover the cost of
health insurance for a child who is eligible for
Medicaid and such parent has received payment from
a third party for the costs of services provided
under such health coverage for such child but such
parent has not used such payments to reimburse, as
appropriate, either the other parent or guardian
or the provider of such services, the Commissioner
of Social Services shall submit to the
Commissioner of Administrative Services the name
of such person and request the withholding from
refunds of state income taxes owed to such person
of an amount necessary to reimburse the Department
of Social Services for such costs under the
Medicaid program, and payment of such amount shall
be withheld by the Commissioner of Revenue
Services and distributed to the Department of
Social Services for reimbursement. However, any
claims for current or past due child support shall
take priority over any such claims for the costs
of such services.
(c) WHEN PAST-DUE SUPPORT IS COLLECTED
PURSUANT TO SUBSECTION (b) OF THIS SECTION AND
PAST-DUE SUPPORT IS OWING BOTH TO A FAMILY AND TO
THE STATE, THE PROCEEDS COLLECTED SHALL BE APPLIED
TO THE FAMILY'S OVERDUE SUPPORT FIRST AND, WHEN
THE FAMILY'S OVERDUE SUPPORT IS SATISFIED, TO THE
STATE'S OVERDUE SUPPORT.
[(c)] (d) The Commissioner of Social Services
shall adopt regulations, in accordance with
chapter 54, setting forth procedures in compliance
with federal law and regulations under Title IV-D
of the Social Security Act providing for adequate
notice of (1) the right to a review by the Support
Enforcement Division of the Superior Court, (2)
the right to [an administrative] A FAIR hearing
before a hearing officer, (3) a list of available
defenses including the defense described in
section 52-362h and (4) procedures for [an
administrative] A FAIR hearing for any person who
is alleged to owe [an arrearage] PAST-DUE SUPPORT
and is subject to the provisions of this section.
Sec. 31. (NEW) For the purposes of sections
52-362d of the general statutes, as amended by
section 29 of this act, 52-362e of the general
statutes, as amended by section 30 of this act,
52-362g, and 52-362h of the general statutes:
(1) "Past-due support" means any one or a
combination of the following: (A) Court ordered
current support or arrearage payments which have
become due and payable and remain unpaid; (B)
unpaid support which has been reduced to a
judgment or otherwise found to be due by a court
of competent jurisdiction, whether or not
presently payable; (C) support due for periods
prior to an action to establish a child support
order, provided such amounts are based upon the
obligor's ability to pay during the prior periods
if known or, if not known, on the obligor's
current ability to pay if known, or, if not known,
upon assistance rendered to the obligor's child.
(2) "Overdue support" means a delinquency
accruing after the entry of an initial court order
establishing a child support obligation.
Sec. 32. Section 46b-220 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this section:
(1) "Delinquent child support obligor" means
(A) an obligor who owes overdue support, accruing
after the entry of a court order, in an amount
which exceeds ninety days of periodic payments on
a current support or arrearage payment order; [or]
(B) an obligor who has failed to make court
ordered medical or dental insurance coverage
available within ninety days of the issuance of a
court order or who fails to maintain such coverage
pursuant to court order for a period of ninety
days; OR (C) AN OBLIGOR WHO HAS FAILED, AFTER
RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH
SUBPOENAS OR WARRANTS RELATING TO PATERNITY OR
CHILD SUPPORT PROCEEDINGS;
(2) "License" means each license,
certification or permit to engage in a profession
or occupation regulated pursuant to the provisions
of title 19a, 20 or 21, [or] a motor vehicle
operator's license or a commercial driver's
license issued by the Commissioner of Motor
Vehicles in accordance with chapter 246, AND
LICENSEES AND PERMITS ISSUED BY THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION PURSUANT TO PART III OF
CHAPTER 490 OF TITLE 26;
(3) "Licensing authority" means any board,
commission, department or official with authority
to issue a license;
(4) "Obligor" means any person owing a duty of
child support;
(5) "Obligee" means the person or entity to
whom child support payments are owed;
(6) "PAST-DUE SUPPORT" MEANS ANY ONE OR A
COMBINATION OF THE FOLLOWING: (A) COURT ORDERED
CURRENT SUPPORT OR ARREARAGE PAYMENTS WHICH HAVE
BECOME DUE AND PAYABLE AND REMAIN UNPAID; (B)
UNPAID SUPPORT WHICH HAS BEEN REDUCED TO A
JUDGMENT OR OTHERWISE FOUND TO BE DUE BY A COURT
OF COMPETENT JURISDICTION, WHETHER OR NOT
PRESENTLY PAYABLE; (C) SUPPORT DUE FOR PERIODS
PRIOR TO AN ACTION TO ESTABLISH A CHILD SUPPORT
ORDER, PROVIDED SUCH AMOUNTS ARE BASED UPON THE
OBLIGOR'S ABILITY TO PAY DURING THE PRIOR PERIODS
IF KNOWN OR, IF NOT KNOWN, ON THE OBLIGOR'S
CURRENT ABILITY TO PAY IF KNOWN, OR, IF NOT KNOWN,
UPON ASSISTANCE RENDERED TO THE OBLIGOR'S CHILD;
(7) "OVERDUE SUPPORT" MEANS A DELINQUENCY
ACCRUING AFTER THE ENTRY OF AN INITIAL COURT ORDER
ESTABLISHING A CHILD SUPPORT OBLIGATION.
(b) The Superior Court and any family support
magistrate may issue a suspension order, which
suspends the license of a delinquent child support
obligor, to enforce a child support order. Such
suspension order shall specify the conditions
which must be met to avoid license suspension and
shall be effective only on the filing of an
affidavit, sufficient under subsection (c) of this
section as to the obligor's delinquency. Such
order shall also specify the conditions of
reinstatement of any such suspended license in the
event of suspension by the court or family support
magistrate. In IV-D cases the order shall specify
that the Department of Social Services shall
notify the licensing authority of the suspension
order and of compliance with or rescission of such
order. In non-IV-D cases, the order shall specify
the procedure for notification of the licensing
authority of the suspension order and of
compliance with or rescission of such order and
the person required to provide such notification.
No judge or family support magistrate may issue a
suspension order unless he finds (1) the obligor
has received actual notice of the proceeding and
that a motor vehicle operator's license or
professional, [or] occupational OR RECREATIONAL
license which he holds may be suspended, (2) the
noncompliance with his child support obligations
was wilful and without good cause, (3) the
suspension order is fair and equitable, (4) the
obligor has sufficient financial resources to
comply with the conditions specified in the
suspension order. A copy of any suspension order
issued against a nonappearing obligor shall be
sent to the obligor by first class mail, postage
prepaid by the Department of Social Services, or,
in any non-IV-D case, any person specified in the
suspension order.
(c) If the obligor fails to comply with the
conditions of a suspension order within thirty
days of the issuance of such order, the Department
of Social Services, a support enforcement officer,
the attorney for the obligee or the obligee, as
provided in the suspension order, shall file with
the court or assistant clerk of the Family Support
Magistrate Division, an affidavit stating that the
conditions of the suspension order have not been
met, and provide the obligor with a copy of such
affidavit. Such affidavit shall be filed within
forty-five days of the expiration of such
thirty-day period. Such suspension order shall be
effective upon the filing of such affidavit.
(d) If (1) the obligor satisfies the
conditions of the suspension order within thirty
days of the issuance of such suspension order or
(2) the affidavit is not filed within forty-five
days of the expiration of such thirty-day period,
such order shall be null and void and shall have
no further effect.
(e) Upon receipt of an effective court order
directing suspension of a license, the Department
of Social Services or, in any non-IV-D case, any
person specified in such order shall provide the
licensing authority with a copy of the suspension
order and affidavit. The licensing authority
shall, upon receipt of such order and affidavit,
suspend such license. Upon the obligor's
compliance with the conditions of the license
suspension order concerning reinstatement, or upon
any subsequent order of the court or family
support magistrate to rescind such license
suspension, the licensing authority shall
immediately reinstate such license. No licensing
authority may charge a fee for the reinstatement
of any such license which exceeds the actual
administrative cost of such reinstatement.
Sec. 33. Section 46b-221 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services may
provide notice to all IV-D delinquent child
support obligors of the availability of the remedy
of suspension of motor vehicle operator's licenses
and professional, [and] occupational AND
RECREATIONAL licenses pursuant to section 46b-220,
AS AMENDED BY SECTION 32 OF THIS ACT. Such notice
shall comply with the provisions of section
52-362g.
Sec. 34. (NEW) (a) The Social Security number
of the applicant shall be recorded on each (1)
application for a license, certification or permit
to engage in a profession or occupation regulated
pursuant to the provisions of title 19a, 20 or 21
of the general statutes; (2) application for a
commercial driver's license or commercial driver's
instruction permit completed pursuant to
subsection (a) of section 14-44c of the general
statutes; and (3) application for a marriage
license made under section 46b-25 of the general
statutes, as amended by section 16 of this act.
(b) The Social Security number of any
individual who is subject to a dissolution of
marriage decree, support order or paternity
determination or acknowledgment shall be placed in
the records relating to the matter.
(c) The Social Security number of the deceased
person shall be recorded on each death certificate
completed in accordance with subsection (b) of
section 7-62b of the general statutes, as amended
by section 5 of this act.
(d) Any Social Security number of any
individual on any record or document required
pursuant to this section shall not be disclosed
except as provided under section 17b-137 of the
general statutes, as amended by section 9 of this
act.
Sec. 35. Section 46b-69b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Family Division of the Judicial
Department shall establish a parenting education
program for parties involved in any action before
the Superior Court under section 46b-1, except
actions brought under section 46b-15 and chapter
815t. For purposes of this section, a "parenting
education program" means a course designed by the
Judicial Department to educate persons, INCLUDING
UNMARRIED PARENTS, on the impact on children of
the restructuring of families. The course shall
include, but not be limited to, information on the
developmental stages of children, adjustment of
children to parental separation, dispute
resolution and conflict management, guidelines for
visitation, stress reduction in children and
cooperative parenting.
(b) The court shall order any party to an
action specified in subsection (a) of this section
to participate in such program whenever a minor
child is involved in such action unless (1) the
parties agree, subject to the approval of the
court, not to participate in such program, (2) the
court, on motion, determines that participation is
not deemed necessary or (3) the parties select and
participate in a comparable parenting education
program. A FAMILY SUPPORT MAGISTRATE MAY ORDER
PARTIES INVOLVED IN ANY ACTION BEFORE THE FAMILY
SUPPORT MAGISTRATE DIVISION TO PARTICIPATE IN SUCH
PARENTING EDUCATION PROGRAM, UPON A FINDING THAT
SUCH PARTICIPATION IS NECESSARY AND PROVIDED BOTH
PARTIES ARE PRESENT WHEN SUCH ORDER IS ISSUED. No
party shall be required to participate in such
program more than once. A party shall be deemed to
have satisfactorily completed such program upon
certification by the service provider of the
program.
(c) The Family Division shall, by contract
with service providers, make available the
parenting education program and shall certify to
the court the results of each party's
participation in the program.
(d) Any person who is ordered to participate
in a parenting education program shall pay
directly to the service provider a participation
fee, except that no person may be excluded from
such program for inability to pay such fee. Any
contract entered into between the Family Division
and the service provider pursuant to subsection
(c) of this section shall include a fee schedule
and provisions requiring service providers to
allow persons who are indigent or unable to pay to
participate in such program and shall provide that
all costs of such program shall be covered by the
revenue generated from participants' fees. The
total cost for such program shall not exceed two
hundred dollars per person. Such amount shall be
indexed annually to reflect the rate of inflation.
The program shall not exceed a total of ten hours.
(e) Any service provider under contract with
the Family Division pursuant to this section shall
provide safety and security for participants in
the program, including victims of family violence.
Sec. 36. Subsection (m) of section 46b-231 of
the general statutes is amended by adding
subdivision (12) as follows:
(NEW) (12) A family support magistrate may
order parties to participate in the parenting
education program in accordance with the
provisions of section 46b-69b, as amended by
section 35 of this act.
Sec. 37. Section 46b-164 of the general
statutes is repealed.
Sec. 38. This act shall take effect July 1,
1997.
Approved June 30, 1997