Sec. 46b-44a. Filing of joint petition for nonadversarial dissolution of marriage. Procedure.
Sec. 46b-53. (Formerly Sec. 46-41). Conciliation procedures; privileged communications.
Sec. 46b-56e. Orders of custody or visitation re children of deploying parent.
Sec. 46b-44a. Filing of joint petition for nonadversarial dissolution of marriage. Procedure. (a) An action for a nonadversarial dissolution of marriage may be commenced by the filing of a joint petition in the judicial district in which one of the parties resides. The joint petition shall be notarized and contain an attestation, under oath, by each party that the conditions set forth in subsection (b) of this section exist.
(b) An action brought pursuant to subsection (a) of this section may proceed if, at the time of the filing of the action, the parties attest, under oath, that the following conditions exist: (1) The marriage has broken down irretrievably; (2) the duration of the marriage does not exceed nine years; (3) neither party to the action is pregnant; (4) no children were born to or adopted by the parties prior to, or during, the marriage; (5) neither party has any interest or title in real property; (6) the total combined fair market value of all property owned by either party, less any amount owed on such property, is less than eighty thousand dollars; (7) neither party has a defined benefit pension plan; (8) neither party has a pending petition for relief under the United States Bankruptcy Code; (9) no other action for dissolution of marriage, civil union, legal separation or annulment is pending in this state or in a foreign jurisdiction, except as provided in subsection (f) of this section; (10) a restraining order, issued pursuant to section 46b-15, or a protective order, issued pursuant to section 46b-38c, between the parties is not in effect; and (11) the residency provisions of section 46b-44 have been satisfied. After the filing of the joint petition and prior to the court entering a decree of dissolution of marriage pursuant to section 46b-44c, if a change occurs with respect to any of the conditions set forth in this subsection, one or both of the parties shall notify the court forthwith of the changed condition. For the purposes of this subsection, “defined benefit pension plan” means a pension plan in which an employer promises to pay a specified monthly benefit upon an employee's retirement that is predetermined by a formula based on the employee's earnings history and tenure of service.
(c) In addition to attesting to the conditions enumerated in subsection (b) of this section, any joint petition filed pursuant to subsection (a) of this section shall also state the date and place of marriage and the current residential address for each party.
(d) A joint petition shall be accompanied by financial affidavits completed by each party on a form prescribed by the Office of the Chief Court Administrator, a request for the court to order the restoration of a birth name or former name, if so desired by either party, and a certification attested to by the parties, under oath, that: (1) The parties agree to proceed by consent and waive service of process, except as provided in subsection (g) of this section; (2) neither party is acting under duress or coercion; and (3) each party is waiving any right to a trial, alimony, spousal support or an appeal.
(e) If the parties submit a settlement agreement to the court that they are requesting be incorporated into the decree of dissolution, such settlement agreement shall be filed with the joint petition. Each party shall attest, under oath, that the terms of the settlement agreement are fair and equitable. If the court finds that the settlement agreement is fair and equitable, it shall be incorporated by reference into the decree of the court. If the court cannot determine whether such agreement is fair and equitable, the matter shall be docketed for the court's review in accordance with the provisions of section 46b-44d.
(f) (1) If after filing an action for dissolution of marriage on the regular family docket, pursuant to section 46b-45, but prior to the court entering a decree of dissolution of marriage, the parties to such action satisfy all the conditions for a nonadversarial dissolution of marriage as set forth in this section, then such parties may file a joint petition for a nonadversarial dissolution of marriage in the existing dissolution of marriage action pursuant to subsection (a) of this section, except that such joint petition need not include a waiver of service of process. Upon the filing of such joint petition, the original complaint for dissolution of marriage is deemed superseded by operation of law and the action may proceed in the manner set forth in sections 46b-44b to 46b-44d, inclusive.
(2) No new filing fee shall be imposed by the court for a joint petition filed pursuant to this subsection.
(P.A. 15-7, S. 1; P.A. 17-47, S. 1; P.A. 18-75, S. 19; P.A. 19-64, S. 2; P.A. 23-46, S. 2.)
History: P.A. 17-47 amended Subsec. (b) by replacing “eight years” with “nine years” in Subdiv. (2), replacing “excluding all encumbrances, is less than thirty-five thousand dollars” with “less any amount owed on such property, is less than eighty thousand dollars” in Subdiv. (6), and adding definition of “defined benefit pension plan”; P.A. 18-75 deleted former Subsec. (b)(9) re neither party applying for or receiving benefits pursuant to Title XIX of the Social Security Act and redesignated existing Subsecs. (b)(10) to (b)(12) as Subsecs. (b)(9) to (b)(11); P.A. 19-64 amended Subsecs. (b)(9) and (d)(1) by adding “, except as provided in subsection (g) of this section” and added Subsec. (g) re filing action for dissolution of marriage on regular family docket that is subsequently superseded by operation of law through filing of joint petition for nonadversarial dissolution of marriage; P.A. 23-46 deleted former Subsec. (f) re provisions of Sec. 46b-67(a) not applying to nonadversarial dissolution action brought under this section, redesignated existing Subsec. (g) as Subsec. (f) and made a conforming change in Subsec. (b)(9).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 46b-53. (Formerly Sec. 46-41). Conciliation procedures; privileged communications. (a) On or after the return day of a complaint seeking the dissolution of a marriage or a legal separation, but prior to the entry of judgment, and prior to the expiration of the ninety days following the return date, either spouse or the counsel for any minor children of the marriage may submit a request for conciliation to the clerk of the court. The clerk shall forthwith enter an order that the parties meet with a conciliator mutually acceptable to them or, if the parties cannot agree as to a conciliator, with a conciliator named by the court. The conciliator shall, in any case, be a clergyman, a physician, a domestic relations officer or a person experienced in marriage counseling.
(b) Within such ninety-day period or within thirty days of the request, whichever is later, there shall be two mandatory consultations with the conciliator by each party to explore the possibility of reconciliation or of resolving the emotional problems which might lead to continuing conflicts following the dissolution of the marriage. Failure of the plaintiff or defendant to attend these consultations except for good cause shall preclude further action on the complaint until the expiration of six months from the date of the return day; provided the court may order the termination of such stay, upon the motion of either party and for good cause shown. Further consultations may be held with the consent of both parties, or, if the conciliator recommends one or more additional consultations and either one of the parties agrees, the court may order such additional consultations.
(c) All communications during these consultations shall be absolutely privileged, except that the conciliator shall report to the court whether or not the parties attended the consultations.
(d) The reasonable fees of the conciliator shall be paid by one or both of the parties as the court directs. No fee shall be charged by a domestic relations officer for such services. If the parties are unable to pay the fees which may be charged by the conciliator, only a domestic relations officer may be named as the conciliator.
(P.A. 73-373, S. 6; P.A. 74-169, S. 5, 18; P.A. 75-530, S. 11, 35; P.A. 78-230, S. 26, 54; P.A. 02-132, S. 80; P.A. 23-46, S. 3.)
History: P.A. 74-169 specified that each party must consult at least twice with conciliator; P.A. 75-530 referred to return day of complaint rather than its date of filing, authorized domestic relations officers to serve as conciliators, added proviso re termination of stay in proceedings and added exception re conciliators' fees; P.A. 78-230 divided section into Subsecs. and rephrased provisions; Sec. 46-41 transferred to Sec. 46b-53 in 1979 and reference to Sec. 46-44 revised to reflect its transfer; P.A. 02-132 amended Subsec. (b) by adding provisions re one or more additional consultations; P.A. 23-46 amended Subsec. (a) by adding “, but prior to the entry of judgment,” re time for filing a request for conciliation and replacing “ninety-day period specified in section 46b-67” with “ninety days following the return date,”.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 46b-56e. Orders of custody or visitation re children of deploying parent. (a) For the purposes of this section:
(1) “Armed forces” means the United States Army, Navy, Marine Corps, Coast Guard, Air Force and Space Force and any reserve component thereof, including the Connecticut National Guard performing duty as provided in Title 32 of the United States Code;
(2) “Deploy” means military service in compliance with military orders received by a member of the armed forces to report for combat operations, contingency operations, peacekeeping operations, a remote tour of duty or other active duty, except state active duty. “Deployment” includes a period of time during which a member of the armed forces remains subject to deployment orders and remains deployed on account of sickness, wounds or other lawful cause;
(3) “Deploying parent” means a parent who is a member of the armed forces and has been notified by military leadership that he or she will deploy or mobilize with the armed forces;
(4) “Mobilize” means the call-up of National Guard or Reserve service members to extended active duty. “Mobilization” does not include National Guard or Reserve annual training, inactive duty days, drill weekends, temporary duty or state active duty; and
(5) “Nondeploying parent” means a parent who has not been notified by military leadership that he or she will deploy or mobilize with the armed forces.
(b) If a deploying parent is required to be separated from a child of such parent during a deployment or mobilization, a court shall not enter a final order of custody or visitation modifying a final order of custody or visitation issued pursuant to section 46b-56, 46b-56a or 46b-61 until ninety days after such parent's deployment or mobilization ends, unless such modification is agreed to by the deploying parent.
(c) If a parent is a member of the armed forces, has sole or joint custody of a child or court ordered visitation, parental access or parenting time and receives notice from military leadership that he or she will deploy or mobilize in the near future and will be required to be separated from such child due to such deployment or mobilization, then upon motion of such deploying parent or the nondeploying parent, a court may enter temporary orders of custody or visitation modifying final orders of custody or visitation during the period of such deployment or mobilization if: (1) The deployment or mobilization would have a material effect upon the deploying parent's ability to exercise parental rights and responsibilities or parent-child contact as set forth in the existing final orders of custody or visitation, and (2) the court finds that such modification is in the best interests of the child. In issuing such temporary modification orders, the court shall be guided by the provisions of the general statutes pertaining to custody and visitation. Motions for temporary modification of final orders of custody or visitation because of deployment or mobilization shall be given priority for this purpose.
(d) A temporary court order modifying final orders of custody or visitation issued under subsection (c) of this section shall require that: (1) Whenever the deploying parent is granted leave from such deployment or mobilization, the nondeploying parent shall make the child available to the deploying parent to the extent requested by the deploying parent, provided (A) such request for visitation time is not inconsistent with that provided for in the final orders of custody or visitation being modified by such temporary court order, and (B) the child shall not be absent from school unless ordered by the court or agreed to, in writing, by both parents; (2) the nondeploying parent facilitate opportunities for telephonic, electronic mail, and other such contact between the deploying parent and the child during deployment or mobilization; and (3) the deploying parent provide timely information regarding his or her leave schedule to the nondeploying parent. Changes in actual leave dates shall not be used by the nondeploying parent as a justification to limit contact between the deploying parent and the child.
(e) A temporary court order modifying final orders of custody or visitation issued under subsection (c) of this section shall specify that deployment or mobilization is the basis for the order and shall be entered by the court as a temporary order. The order shall further require the nondeploying parent to provide the court and the deploying parent with thirty days' advance written notice of any change of address and any change of telephone number, unless a court has ordered that the deploying party is not entitled to this information.
(f) If pendente lite orders of custody or visitation are in place or if there are no existing orders of custody or visitation establishing the terms of parental rights and responsibilities or parent-child contact and it appears that deployment or mobilization of a parent who is a member of the armed forces is imminent, upon motion by either parent, the court shall expedite a hearing to establish temporary parental rights and responsibilities and parent-child contact to (1) ensure the deploying parent has access to the child, provided such access is in the best interests of the child; (2) ensure disclosure of information; (3) grant other rights and duties set forth in this section; and (4) provide other appropriate relief. Any initial pleading filed to establish parental rights and responsibilities or parent-child contact with a child of a deploying parent shall be so identified at the time of filing by stating in the text of the pleading the specific facts related to deployment or mobilization.
(g) Nothing in this section shall preclude the court from hearing a motion at least ninety days after the return of the deploying parent for permanent modification of final orders of custody and visitation issued pursuant to section 46b-56, 46b-56a or 46b-61. The nondeploying parent shall bear the burden of showing that reentry of final orders of custody or visitation, issued pursuant to section 46b-56, 46b-56a or 46b-61, in effect before the deployment or mobilization is no longer in the best interests of the child. The absence of a deploying parent due to deployment or mobilization shall not be the sole basis for modifying such orders.
(P.A. 12-90, S. 1; P.A. 23-71, S. 7.)
History: P.A. 12-90 effective July 1, 2012; P.A. 23-71 redefined “armed forces” by adding reference to United States Space Force in Subsec. (a)(1).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 46b-67. (Formerly Sec. 46-44). Time frame for court to proceed in action for dissolution of marriage or civil union, legal separation or annulment. (a) Unless the parties reach a full agreement upon which they ask the court to enter judgment prior to the return date, following the second day after which a complaint for dissolution or legal separation is made returnable, or after the expiration of six months, where proceedings have been stayed under section 46b-53, the court may proceed on the complaint, or whenever dissolution is claimed under cross complaint, amended complaint or amended cross complaint, the case may be heard and a decree granted thereon after the expiration of twenty days from the filing of the cross complaint, amended complaint or amended cross complaint with the court, provided the requirement of the twenty-day delay shall not apply (1) whenever the opposing party, having appeared, consents to the cross complaint, amended complaint or amended cross complaint, or (2) where the defendant has not appeared and the amendment does not set forth either a cause of action or a claim for relief not in the original complaint. Notwithstanding the provisions of this section, (A) no judgment upon default of appearance of a defendant who has been served by personal or abode service shall be entered pursuant to subsection (b) of this section until at least thirty days after the return date; (B) no judgment upon default of appearance of a defendant who has been served in any other manner shall be entered until after a hearing held at least sixty days after the return date; and (C) no trial of a contested action for dissolution of marriage or legal separation shall commence until at least ninety days after the return date.
(b) (1) If the defendant has not appeared, the plaintiff may file a motion for the entry of judgment upon default of appearance, no sooner than thirty days after the day on which the complaint for dissolution of marriage or civil union or for legal separation is made returnable. The plaintiff shall file such motion on a form prescribed by the Chief Court Administrator. Such motion shall include an affidavit in which the plaintiff shall attest, under oath (A) the manner in which service was made on the defendant, pursuant to section 46b-45, and, if such service was abode service, (i) that the address at which service was made is the usual place of abode of the defendant, (ii) that the defendant was not known by the plaintiff to be residing, whether permanently or temporarily, at any other address at the time service was made, and (iii) the most recent date on which the plaintiff had personal knowledge that the defendant resided at the address at which service was made; (B) whether there were children born to or adopted by the parties prior to, or during, the marriage or civil union, and whether either party is pregnant; (C) whether there exists a restraining order, issued pursuant to section 46b-15, or a protective order, issued pursuant to section 46b-38c, between the parties that is in effect; (D) whether the plaintiff is requesting alimony or spousal support; and (E) whether the parties have any jointly owned property or jointly held debt.
(2) Except as provided in subdivision (3) of this subsection, the motion by the plaintiff filed pursuant to subdivision (1) of this subsection shall be docketed for a hearing. At such hearing, the court, in its discretion, may enter a decree of dissolution of marriage or civil union or of legal separation at such hearing, provided all other applicable requirements of this chapter are met.
(3) If the court finds that (A) the plaintiff has properly effectuated service upon the defendant, either personally or by abode, and, if by abode, has attested (i) that the address at which the defendant was served is the usual place of abode of the defendant, (ii) that the defendant was not known by the plaintiff to be residing, whether permanently or temporarily, at any other address at the time service was made, and (iii) to the most recent date on which the plaintiff had personal knowledge that the defendant resided at the address at which service was made; (B) there were no children born to or adopted by the parties prior to, or during, the marriage or civil union, and that neither party is pregnant; (C) there does not exist a restraining order, issued pursuant to section 46b-15, or a protective order, issued pursuant to section 46b-38c, between the parties that is in effect; (D) the plaintiff is not requesting alimony or spousal support; and (E) the parties do not have any jointly owned property or jointly held debt, and the plaintiff has filed with the clerk of the court a completed financial affidavit, the court may, in its discretion, grant the motion to waive the time periods set forth in subsection (a) of this section without a hearing. The court may further enter a decree of dissolution of marriage or civil union or of legal separation without a hearing, provided the court shall not enter any order other than a dissolution of marriage or civil union or a legal separation, and, if the plaintiff requests, an order restoring his or her birth name or former name, without a hearing. If the court determines that any of the conditions of this subdivision have not been met, the matter shall be docketed for a hearing pursuant to subdivision (2) of this subsection.
(c) A decree of annulment or dissolution shall give the parties the status of unmarried persons and they may marry again. A decree of legal separation shall have the effect of a decree dissolving the marriage except that neither party shall be free to marry. The six-month period referred to in section 46b-53 shall not apply in actions for annulment and the court may proceed on any cause of action for annulment in the manner generally applicable in civil actions.
(P.A. 73-373, S. 7; P.A. 78-230, S. 29, 54; 78-331, S. 50, 58; P.A. 15-7, S. 5; P.A. 18-14, S. 2; P.A. 23-46, S. 4.)
History: P.A. 78-230 restated provisions, specifying that they are to be effective from October 1, 1978, to December 31, 1978; P.A. 78-331 deleted provision limiting period of applicability; Sec. 46-44 transferred to Sec. 46b-67 in 1979 and references to Sec. 46-41 revised to reflect that section's transfer; P.A. 15-7 added new Subsec. (b) re filing of motion to waive waiting period and redesignated existing Subsec. (b) as Subsec. (c); P.A. 18-14 amended Subsec. (b) to add references to civil unions, added new Subsec. (c) re filing motion to waive time periods when defendant is nonappearing, redesignated existing Subsec. (c) as Subsec. (d), and made technical changes; P.A. 23-46 substantially revised Subsec. (a) by deleting provisions re 90-day waiting period and prescribing new time periods for court to proceed on complaint for dissolution of marriage or legal separation, deleted former Subsec. (b) re waiver of time periods in Subsec. (a) and redesignated existing Subsecs. (c) and (d) as Subsecs. (b) and (c), amended redesignated Subsec. (b) by adding reference to motion “for the entry of judgment upon default of appearance” and by deleting references to waiver of time periods set forth in Subsec. (a) and amended redesignated Subsec. (c) by deleting reference to 90-day time period and making technical changes.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 46b-82a. Prohibition on court order of temporary or permanent alimony from injured spouse to a spouse convicted of committing certain crimes against the injured spouse. (a) Notwithstanding the provisions of sections 46b-82, 46b-83 and 46b-86, no court may enter an order of payment of temporary or permanent alimony from an injured spouse to a spouse who, at any time after the date of marriage, is convicted of: (1) Criminal attempt to commit murder of the other spouse, under section 53a-49 and sections 53a-54a to 53a-54d, inclusive; (2) conspiracy to commit murder of the other spouse, under section 53a-48 and sections 53a-54a to 53a-54d, inclusive; (3) a class A or B felony sexual assault of the other spouse, under section 53a-70, 53a-70a, 53a-71 or 53a-72b; (4) a class A or B felony family violence crime as defined in section 46b-38a; or (5) any crime in another state, the essential elements of which are substantially the same as the crimes enumerated in subdivisions (1) to (4), inclusive, of this subsection.
(b) The existence of any conviction for a crime set forth in subsection (a) of this section shall preclude a court from ordering an award of attorney's fees from an injured spouse to a spouse convicted of such crime.
(c) Any order of temporary or permanent alimony entered by a court from an injured spouse to a spouse subsequently convicted of a crime set forth in subsection (a) of this section against the injured spouse shall be terminated by the court upon a motion to terminate alimony based upon the conviction filed by the injured spouse.
(d) As used in this section, “injured spouse” means the spouse who has been the victim of a crime set forth in subsection (a) of this section, irrespective of whether physical injury occurred in the commission of such crime.
(P.A. 23-106, S. 2; 23-136, S. 4.)
History: P.A. 23-136 added new Subsec. (c) re termination of temporary or permanent alimony from an injured spouse to a spouse subsequently convicted of a crime set forth in Subsec. (a) and redesignated existing Subsec. (c) as Subsec. (d).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 46b-83. (Formerly Sec. 46-50). Alimony, support and use of family home or other residential dwelling unit awarded pendente lite. Voluntary leaving of family home by one parent. (a) At any time after the return day of a complaint under section 46b-45 or 46b-56 or after filing an application under section 46b-61, and after hearing, alimony and support pendente lite may be awarded to either of the parties from the date of the filing of an application therefor with the Superior Court. Upon the filing of a motion requesting an initial order of alimony or support pendente lite that is accompanied by an affidavit, on a form prescribed by the Chief Court Administrator, by the moving party attesting that (1) the moving party has insufficient funds to meet the moving party's reasonable needs or the reasonable needs of the minor children of the parties, (2) the other party is not providing sufficient funds to the moving party to meet such reasonable needs, and (3) the moving party reasonably believes that the other party has sufficient means or earning capacity to so provide, then such hearing shall be held by the court not later than sixty days after the date on which such motion requesting an initial order of alimony or support pendente lite and accompanying affidavit were filed. In the event that such hearing requires a continuance to another date, the court shall give calendar priority to scheduling such hearing on a date that facilitates the expeditious resumption and conclusion of the hearing, absent a written agreement or interim orders that provide for such alimony or support pendente lite. In the event of a delay necessitated by a court closure or emergency experienced by a party, such hearing shall be rescheduled to a date that is not later than fourteen days after the date of the originally scheduled hearing date. Full credit shall be given for all sums paid to one party by the other from the date of the filing of such a motion to the date of rendition of such order. In making an order for alimony pendente lite, the court shall consider all factors enumerated in section 46b-82, except the grounds for the complaint or cross complaint, to be considered with respect to a permanent award of alimony. In making an order for support pendente lite, the court shall consider all factors enumerated in section 46b-84. The court may also award exclusive use of the family home or any other dwelling unit which is available for use as a residence pendente lite to either of the parties as is just and equitable without regard to the respective interests of the parties in the property. Any financial order affecting the parties entered pursuant to the provisions of section 46b-15, shall not be considered an initial order of alimony or support pendente lite for purposes of scheduling a hearing under this subsection.
(b) In any proceeding brought under section 46b-45, 46b-56 or 46b-61 involving a minor child, if one of the parents residing in the family home leaves such home voluntarily and not subject to court order, and if the court finds that the voluntary leaving of the family home by such parent served the best interests of the child, the court may consider such voluntary leaving as a factor when making or modifying any order pursuant to section 46b-56.
(P.A. 73-373, S. 22; P.A. 74-169, S. 13, 18; P.A. 75-530, S. 14, 35; P.A. 78-230, S. 35, 54; P.A. 93-7; P.A. 99-215, S. 6, 29; P.A. 05-258, S. 5; P.A. 23-7, S. 1.)
History: P.A. 74-169 added references to Secs. 46-42 and 46-52; P.A. 75-530 referred to return day of complaint rather than to its filing date and required consideration of factors in Sec. 46-57 when making order for support pendente lite where previously factors in Sec. 46-52 were to be considered in making such an order; P.A. 78-230 made minor change in wording; Sec. 46-50 transferred to Sec. 46b-83 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 93-7 authorized the court to award exclusive use of “any other dwelling unit which is available for use as a residence” pendente lite and to make the award of the family home or such dwelling unit to either of the parties “as is just and equitable”; P.A. 99-215 added “after filing an application under section” and substituted “a motion” for “an application”, effective January 1, 2000; P.A. 05-258 designated existing provisions as Subsec. (a) and made technical changes therein and added Subsec. (b) re voluntary leaving of family home by one parent; P.A. 23-7 amended Subsec. (a) by adding provision re filing initial motion requesting alimony or support pendente lite and scheduling of hearing on such motion and by specifying financial order entered under Sec. 46b-15 not considered an initial order of alimony or support pendente lite under Subsec. (a), effective January 1, 2024.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 46b-84. (Formerly Sec. 46-57). Parents' obligation for maintenance of minor child. Order for health insurance coverage. (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. Any postjudgment procedure afforded by chapter 906 shall be available to secure the present and future financial interests of a party in connection with a final order for the periodic payment of child support.
(b) If there is an unmarried child of the marriage who has attained the age of eighteen and is a full-time high school student, the parents shall maintain the child according to their respective abilities if the child is in need of maintenance until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. 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) (1) The court may make appropriate orders of support of any child with intellectual disability, as defined in section 1-1g, or a mental disability, as defined in section 46a-51, or who is physically disabled, as defined in section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty-one. The provisions of this subdivision shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after October 1, 1997, and before October 1, 2023, or where the initial support orders in actions not claiming any such decree are entered on or after October 1, 1997, and before October 1, 2023. (2) The court may make appropriate orders of support of any child with intellectual disability, as defined in section 1-1g, or a mental disability, as defined in section 46a-51, or who is physically disabled, as defined in section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty-six. The provisions of this subdivision shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after October 1, 2023, or where the initial support orders in actions not claiming any such decree are entered on or after October 1, 2023. (3) The child support guidelines established pursuant to section 46b-215a shall not apply to any order entered under this subsection.
(d) 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.
(e) 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.
(f) (1) 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 that a party obtain life insurance as such security unless such party proves, by a preponderance of the evidence, that such insurance is not available to such party, such party is unable to pay the cost of such insurance or such party is uninsurable.
(2) The court shall include in each support order a provision for the health care coverage of the child who is subject to the provisions of subsection (a) or (b) of this section. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision.
(A) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost, as described in subparagraph (D) of this subdivision. If such order in a IV-D support case requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.
(B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under HUSKY B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain the coverage under HUSKY B or provide cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order under clause (i) of this subparagraph shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.
(C) An order for payment of the child's medical and dental expenses, other than those described in clause (ii) of subparagraph (E) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
(D) Health care coverage shall be deemed reasonable in cost if: (i) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a. If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.
(E) Cash medical support means: (i) An amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including HUSKY A or B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified (I) specifically on the record, or (II) in an affidavit, made under oath, that states no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court. Cash medical support, as described in clauses (i) and (ii) of this subparagraph may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the combined cost of insurance and cash medical support is reasonable, as defined in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under clause (i) of this subparagraph shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to clause (ii) of this subparagraph are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.
(F) Cash medical support to offset the cost of any insurance payable under HUSKY A or B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under HUSKY A or B.
(g) Whenever an obligor is before the court in proceedings to establish, modify or enforce a support order, and such order is not secured by 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 distributed as required by Title IV-D of the Social Security Act. 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.
(h) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, a copy of any support order established or modified pursuant to this section or, in the case of a motion for modification of an existing support order, a notice of determination that there should be no change in the amount of the support order, shall be provided to each party and the state case registry within fourteen days after issuance of such order or determination.
(P.A. 73-373, S. 26; P.A. 74-169, S. 14, 18; P.A. 77-614, S. 70, 610; P.A. 78-230, S. 42, 54; P.A. 83-527, S. 2; P.A. 84-205, S. 1; 84-230; P.A. 87-207, S. 2; P.A. 89-195, S. 2; P.A. 91-4, S. 1, 2; P.A. 94-61, S. 1, 2; May Sp. Sess. P.A. 94-5, S. 9, 30; May 25 Sp. Sess. P.A. 94-1, S. 63, 130; P.A. 97-321, S. 1; June 18 Sp. Sess. P.A. 97-2, S. 104, 165; June 18 Sp. Sess. P.A. 97-7, S. 17, 38; P.A. 99-279, S. 29, 45; May 9 Sp. Sess. P.A. 02-7, S. 42; P.A. 03-130, S. 4; 03-202, S. 24; P.A. 06-149, S. 8; P.A. 07-247, S. 6, 7; P.A. 11-129, S. 20; P.A. 15-69, S. 42; P.A. 21-104, S. 22; P.A. 23-137, S. 64.)
History: P.A. 74-169 required parents to maintain child “subsequent to” as well as “upon” annulment or dissolution of marriage or separation decree and added reference to divorce; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-230 divided section into Subsecs. and restated provisions in Subsecs. (a) and (c); Sec. 46-57 transferred to Sec. 46b-84 in 1979; P.A. 83-527 amended Subsec. (c) to provide that the court may order either party to contract with a third party for periodic payments or payments contingent on a life to the other party; P.A. 84-205 added the language concerning orders for medical or dental insurance in Subsec. (c); P.A. 84-230 inserted new Subsec. (c) re order for health insurance coverage for an insured dependent of the marriage, relettering former Subsec. (c) as (d); P.A. 87-207 amended Subsec. (c) to clarify that if the parent receiving an insurance reimbursement payment is not the parent who paid the bill, the former shall promptly pay the latter the amount of the reimbursement, and to require parents to notify insurers of any order altering responsibility for maintenance of insurance for the child; P.A. 89-195 added Subsec. (e) re authority of court to order bond or security for performance of support order and forfeiture of such bond or security and payment of proceeds; P.A. 91-4 amended Subsec. (c) by adding “or custodian” after “custodial parent”; P.A. 94-61 inserted new Subsec. (b) re support of unmarried child who has attained age of 18, is a full-time high school student and resides with a parent until such child completes the twelfth grade or attains age of 19, whichever first occurs, effective July 1, 1994; May Sp. Sess. P.A. 94-5 allowed the commissioner of social services to provide an insurer with a copy of the order of dissolution or other order requiring maintenance of insurance for a minor child if the custodial parent or custodian fails to provide the insurer with a copy, effective July 1, 1994; May 25 Sp. Sess. P.A. 94-1 made technical changes in Subsecs. (d) and (e), effective July 1, 1994; P.A. 97-321 added new provisions as Subsec. (c) re order of support of child with mental retardation or mental disability residing with parent until child is twenty-one, redesignating remaining Subsecs. accordingly; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (g) to replace references to “AFDC” with reference to “TANF”, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (f) by requiring court to include provision for health care coverage of child in each support order, amended Subsec. (g) by changing “wage garnishment” to “income withholding order” and adding provision re IV-D cases in which obligor found to owe past-due support and added Subsec. (h) re copy of support order notification or other determination to be supplied to each party and state case registry, effective July 1, 1997; P.A. 99-279 amended Subsec. (f) by adding provisions re health care coverage under HUSKY Plan where coverage is unavailable at reasonable cost through a parent, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (f) by adding provision re enforcement of employment-based order in a IV-D support case using a National Medical Support Notice; P.A. 03-130 amended Subsec. (a) by adding provision re availability of postjudgment procedure; P.A. 03-202 amended Subsec. (f) by adding provision re order to obtain life insurance as security; P.A. 06-149 amended Subsec. (f) to substitute exemption from insurance payment contributions for low-income obligors for prior exemption if payment would reduce amount of support required under child support guidelines, and amended Subsec. (g) to substitute requirement that proceeds of forfeited bond or security be distributed as required by Title IV-D for prior requirement that proceeds be paid to the state in TANF cases or the obligee in non-TANF cases, effective June 6, 2006; P.A. 07-247 amended Subsec. (b) by deleting requirement that child “resides with a parent” re support for a child 18 or older who is a full-time high school student, and substantially revised Subsec. (f) by adding new Subdiv. designators (1) and (2), by adding Subpara. designators (A) to (F) in Subsec. (f)(2), by specifying in Subsec. (f)(2) that either parent may be ordered to name a child as a beneficiary of any medical or dental insurance plan carried by or available to such parent at a reasonable cost, by describing “reasonable in cost” re maintaining health care coverage, deleting language that required applying for coverage under the HUSKY Plan, Part B only if noncustodial parent had sufficient ability to pay appropriate premium, by providing that court may order either parent to provide for coverage under HUSKY Plan, Part B, or alternatively enter an order for “cash medical support” as long as any such order was reasonable, by defining “cash medical support” and requirements related to entry of a cash medical support order and by making technical changes; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (c); P.A. 15-69 amended Subsec. (f)(2) to change “the HUSKY Plan, Part B” to “HUSKY B” and change “the HUSKY Plan, Part A or Part B” to “HUSKY A or B”, effective June 19, 2015; P.A. 21-104 amended Subsec. (f)(2)(E) to add Subpara. (E)(ii)(II) re affidavits and make a conforming change, effective June 28, 2021; P.A. 23-137 redesignated existing Subsec. (c) as Subsec. (c)(1) and amended same by replacing “physical disability” with “who is physically disabled”, adding that provisions of said Subsec. (c)(1) apply to orders entered before October 1, 2023, and by making technical changes, added new Subsec. (c)(2) re court authority to enter an order of support, on and after October 1, 2023, for child with an intellectual disability, mental disability or who is physically disabled who is residing with a parent until child attains the age of 26 and redesignated existing provision re nonapplicability of child support guidelines to orders entered under Subsec. (c) as Subsec. (c)(3).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |