Senate Bill No. 3002
               Senate Bill No. 3002

   June 18 Special Session, PUBLIC ACT NO. 97-1


AN  ACT  CONCERNING  THE UNIFORM INTERSTATE FAMILY
SUPPORT ACT.

    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. (NEW)  Sections 1 to 50, inclusive,
of this act may be cited as the Uniform Interstate
Family Support Act.
    Sec. 2. (NEW)  As  used  in  sections 1 to 50,
inclusive, of this act:
    (1) "Child" means  an individual, whether over
or under the age of majority, who is or is alleged
to be owed  a  duty of support by the individual's
parent  or  who   is  or  is  alleged  to  be  the
beneficiary of a  support  order  directed  to the
parent.
    (2)  "Child support  order"  means  a  support
order for a  child,  including  a  child  who  has
attained the age  of majority under the law of the
issuing state.
    (3)  "Duty of  support"  means  an  obligation
imposed or imposable by law to provide support for
a child, spouse  or  former  spouse,  including an
unsatisfied obligation to provide support.
    (4) "Governor" means  an individual performing
the  functions  of   Governor   or  the  executive
authority of a  state covered by sections 1 to 50,
inclusive, of this act.
    (5) "Home state"  means  the  state in which a
child lived with  a  parent  or a person acting as
parent  for  at   least   six  consecutive  months
immediately preceding the  time  of  filing  of  a
petition or comparable  pleading  for support and,
if such child  is  less  than  six months old, the
state in which  such  child  lived from birth with
such parent or  person  acting as parent. A period
of temporary absence  of  such  parent  or  person
acting  as  parent  is  counted  as  part  of  the
six-month or other period.
    (6)  "Income"  includes   earnings   or  other
periodic entitlements to money from any source and
any  other property  subject  to  withholding  for
support under the laws of this state.
    (7) "Income withholding  order" means an order
or other legal  process  directed  to an obligor's
employer, as defined  in  section  52-362  of  the
general statutes, as amended by section 58 of this
act, to withhold  support  from  the income of the
obligor.
    (8)  "Initiating state"  means  a  state  from
which a proceeding  is  forwarded under sections 1
to  50, inclusive,  of  this  act,  or  a  law  or
procedure substantially similar  to said sections,
the Uniform Reciprocal  Enforcement of Support Act
or the Revised  Uniform  Reciprocal Enforcement of
Support Act.
    (9) "Initiating tribunal" means the authorized
tribunal in an initiating state.
    (10) "Issuing state"  means the state in which
a tribunal issues  a  support  order  or renders a
judgment determining paternity.
    (11)  "Issuing tribunal"  means  the  tribunal
which issues a support order or renders a judgment
determining paternity.
    (12) "Law" includes  decisional  and statutory
law and rules  and regulations having the force of
law.
    (13) "Obligee" means:  (A)  An  individual  to
whom a duty of support is or is alleged to be owed
or in whose  favor a support order has been issued
or  a  judgment  determining  paternity  has  been
rendered; (B) a  state or political subdivision to
which  the rights  under  a  duty  of  support  or
support order have  been  assigned  or  which  has
independent claims based  on  financial assistance
provided  to an  individual  obligee;  or  (C)  an
individual   seeking   a    judgment   determining
paternity of the individual's child.
    (14) "Obligor" means  an  individual,  or  the
estate of a  decedent:  (A) Who owes or is alleged
to owe a  duty  of support; (B) who is alleged but
has not been  adjudicated  to  be  a  parent  of a
child; or (C) who is liable under a support order.
    (15) "Register" means  to file a support order
or judgment determining  paternity in the registry
of support orders of the Family Support Magistrate
Division of the  Superior  Court.  Such  a support
order or judgment  shall  be  filed by delivery of
the order or  judgment  for  filing to the Support
Enforcement Division of  the  Superior Court which
shall  maintain the  registry  on  behalf  of  the
Family Support Magistrate Division.
    (16) "Registering tribunal"  means  a tribunal
in which a support order is registered.
    (17) "Responding state" means a state in which
a proceeding is  filed or to which a proceeding is
forwarded  for filing  under  sections  1  to  50,
inclusive, of this  act,  or  a  law  or procedure
substantially  similar  to   said   sections,  the
Uniform Reciprocal Enforcement  of  Support Act or
the  Revised  Uniform  Reciprocal  Enforcement  of
Support Act.
    (18)   "Responding   tribunal"    means    the
authorized tribunal in a responding state.
    (19) "Spousal-support order"  means  a support
order  for  a  spouse  or  former  spouse  of  the
obligor.
    (20)  "State" means  a  state  of  the  United
States, the District of Columbia, Puerto Rico, the
U.S. Virgin Islands  or  any  territory or insular
possession  subject to  the  jurisdiction  of  the
United States. The term "state" includes an Indian
tribe and a  foreign jurisdiction that has enacted
a law or  established  procedures for issuance and
enforcement   of   support    orders   which   are
substantially  similar  to   the  procedure  under
sections 1 to  50,  inclusive,  of  this  act, the
Uniform Reciprocal Enforcement  of  Support Act or
the Revised Uniform Enforcement of Support Act.
    (21)  "Support  enforcement  agency"  means  a
public official or  agency authorized to seek: (A)
Enforcement of support  orders or laws relating to
the  duty  of   support;   (B)   establishment  or
modification of child  support;  (C) determination
of paternity; or  (D)  the location of obligors or
their assets.
    (22) "Support order"  means a judgment, decree
or order, whether  temporary,  final or subject to
modification, for the benefit of a child, a spouse
or a former  spouse,  which  provides for monetary
support, health care, arrearages or reimbursement,
and may include  related costs and fees, interest,
income  withholding,  attorney's  fees  and  other
relief.
    (23) "Tribunal" means  a court, administrative
agency  or  quasi-judicial  entity  authorized  to
establish, enforce or  modify support orders or to
determine paternity.
    Sec.  3. (NEW)  The  Superior  Court  and  the
Family Support Magistrate Division of the Superior
Court are the  tribunals of this state. The Family
Support Magistrate Division  is  the  tribunal for
the filing of  petitions  under  sections 1 to 50,
inclusive,  of  this   act,   provided   clerical,
administrative and other  nonjudicial functions in
proceedings before the  Family  Support Magistrate
Division  may  be   performed   by   the   Support
Enforcement Division of the Superior Court.
    Sec. 4. (NEW)  Remedies provided by sections 1
to 50, inclusive,  of  this act are cumulative and
do not affect  the  availability of remedies under
any other law.
    Sec. 5. (NEW)  Subject  to  the  provisions of
subsection (b) of  section  46b-46,  as amended by
section  52  of  this  act,  in  a  proceeding  to
establish, enforce or modify a support order or to
determine paternity, a  tribunal of this state may
exercise personal jurisdiction  over a nonresident
individual if: (1)  The  individual  is personally
served with process  within  this  state;  (2) the
individual submits to  the  jurisdiction  of  this
state by consent, by entering a general appearance
and failing to  object to jurisdiction in a timely
manner, or by  filing a responsive document having
the effect of  waiving  any  contest  to  personal
jurisdiction; (3) the  individual resided with the
child in this state; (4) the individual resided in
this  state  and  provided  prenatal  expenses  or
support for the  child;  (5)  the child resides in
this state as  a  result of the acts or directives
of the individual;  (6)  the individual engaged in
sexual intercourse in this state and the child may
have been conceived by that act of intercourse; or
(7) there is  any  other basis consistent with the
constitutions of this  state and the United States
for the exercise of personal jurisdiction.
    Sec. 6. (NEW)  The  Family  Support Magistrate
Division exercising personal  jurisdiction  over a
nonresident under section 5 of this act, may apply
section 29 of  this  act  to receive evidence from
another state, and  section  31  of  this  act  to
obtain discovery through  a  tribunal  of  another
state. In all  other  respects, sections 14 to 47,
inclusive, of this act do not apply and the Family
Support  Magistrate  Division   shall   apply  the
procedural  and substantive  law  of  this  state,
including the rules  on  choice  of law other than
those established by  sections 1 to 50, inclusive,
of this act.
    Sec.  7.  (NEW)   Under   sections  1  to  50,
inclusive,  of  this   act,   the  Family  Support
Magistrate Division may  serve  as  an  initiating
tribunal to forward  proceedings  to another state
and  as  a  responding  tribunal  for  proceedings
initiated in another state.
    Sec. 8. (NEW)  (a) If a petition or comparable
pleading is filed  in  this state after a petition
or comparable pleading  is filed in another state,
the  Family  Support   Magistrate   Division   may
exercise jurisdiction to establish a support order
only if: (1)  The  petition or comparable pleading
in this state  is  filed  before the expiration of
the time allowed  in  the other state for filing a
responsive pleading challenging  the  exercise  of
jurisdiction  by  the   other   state;   (2)   the
contesting party timely challenges the exercise of
jurisdiction  in  the  other  state;  and  (3)  if
relevant, this state  is  the  home  state  of the
child.
    (b) The Family Support Magistrate Division may
not exercise jurisdiction  to  establish a support
order if the  petition  or  comparable pleading is
filed before a  petition or comparable pleading is
filed in another  state  if:  (1)  The petition or
comparable pleading in  the  other  state is filed
before the expiration  of the time allowed in this
state for filing a responsive pleading challenging
the exercise of  jurisdiction  by  this state; (2)
the  contesting  party   timely   challenges   the
exercise of jurisdiction  in  this  state; and (3)
provided it is  relevant,  the  other state is the
home state of the child.
    Sec.  9.  (NEW)   (a)   The   Family   Support
Magistrate Division or  the Superior Court issuing
a support order  consistent  with  the law of this
state has continuing exclusive jurisdiction over a
child support order:  (1)  As  long  as this state
remains  the  residence   of   the   obligor,  the
individual obligee or  the child for whose benefit
the support order  is  issued; or (2) until all of
the parties who are individuals have filed written
consents  with  the   Family   Support  Magistrate
Division for a tribunal of another state to modify
the   order  and   assume   continuing   exclusive
jurisdiction.
    (b) The Family  Support Magistrate Division or
the Superior Court  issuing  a child support order
consistent with the  law  of  this  state  may not
exercise its continuing jurisdiction to modify the
order if the order has been modified by a tribunal
of another state  pursuant  to a law substantially
similar to sections  1  to  50, inclusive, of this
act.
    (c) If a  child support order of this state is
modified by a  tribunal  of another state pursuant
to a law  substantially  similar  to sections 1 to
50, inclusive, of  this  act,  the  Family Support
Magistrate Division and  the  Superior  Court lose
continuing exclusive jurisdiction  with  regard to
prospective enforcement of  the  order  issued  in
this state, and  may  only:  (1) Enforce the order
that was modified  as  to  amounts accruing before
the   modification;  (2)   enforce   nonmodifiable
aspects  of that  order;  and  (3)  provide  other
appropriate relief for  violations  of  that order
which occurred before  the  effective  date of the
modification.
    (d) The Family Support Magistrate Division and
the Superior Court  shall recognize the continuing
exclusive jurisdiction of  a  tribunal  of another
state  which has  issued  a  child  support  order
pursuant  to  a   law   substantially  similar  to
sections 1 to 50, inclusive, of this act.
    (e) A temporary  support order issued ex parte
or pending resolution of a jurisdictional conflict
does not create  continuing exclusive jurisdiction
in the issuing tribunal.
    (f) The Family  Support Magistrate Division or
Superior Court issuing  a support order consistent
with  the  law   of   this  state  has  continuing
exclusive  jurisdiction  over  a  spousal  support
order  throughout the  existence  of  the  support
obligation. The Family Support Magistrate Division
and the Superior  Court  may  not modify a spousal
support order issued  by  a  tribunal  of  another
state  having  continuing  exclusive  jurisdiction
over that order under the law of that state.
    Sec.  10.  (NEW)   (a)   The   Family  Support
Magistrate Division may  serve  as  an  initiating
tribunal to request a tribunal of another state to
enforce or modify  a  support order issued in that
state.
    (b)  The Family  Support  Magistrate  Division
having continuing exclusive  jurisdiction  over  a
support order may  act as a responding tribunal to
enforce or modify the order. If a party subject to
the  continuing  exclusive   jurisdiction  of  the
Family  Support  Magistrate   Division  no  longer
resides  in  the   issuing  state,  in  subsequent
proceedings the Family Support Magistrate Division
may apply the provisions of section 29 of this act
to receive evidence  from  another  state  and the
provisions of section  31  of  this  act to obtain
discovery through a tribunal of another state.
    (c) If the  Family Support Magistrate Division
or  Superior  Court   lacks  continuing  exclusive
jurisdiction over a  spousal support order, it may
not serve as  a  responding  tribunal  to modify a
spousal support order of another state.
    Sec. 11. (NEW)  (a) If a proceeding is brought
under sections 1  to  50,  inclusive, of this act,
and only one  tribunal  has issued a child support
order, the order  of  that  tribunal  controls and
shall be recognized.
    (b) If a  proceeding is brought under sections
1 to 50,  inclusive,  of this act, and two or more
child support orders have been issued by tribunals
of this state  or another state with regard to the
same  obligor  and   child,   the  family  support
magistrate  shall apply  the  following  rules  in
determining which order  to recognize for purposes
of continuing, exclusive jurisdiction:
    (1) If only  one  of  the tribunals would have
continuing, exclusive jurisdiction  under sections
1 to 50, inclusive, of this act, the order of that
tribunal controls and shall be recognized.
    (2) If more  than  one  of the tribunals would
have  continuing,  exclusive   jurisdiction  under
sections 1 to 50, inclusive, of this act, an order
issued by a  tribunal in the current home state of
the child controls and shall be recognized, but if
an order has  not  been issued in the current home
state of the child, the order most recently issued
controls and shall be recognized.
    (3)  If  none  of  the  tribunals  would  have
continuing, exclusive jurisdiction  under sections
1  to 50,  inclusive,  of  this  act,  the  family
support magistrate having  jurisdiction  over  the
parties shall issue  a  child  support order which
controls and shall be recognized.
    (c) If two  or  more child support orders have
been issued for  the same obligor and child or the
individual obligee resides  in this state, a party
may  request  a   family   support  magistrate  to
determine which order  controls and is required to
be  recognized  under   subsection   (b)  of  this
section. The request  shall  be  accompanied  by a
certified copy of  every  support order in effect.
The requesting party  shall  give  notice  of  the
request to each party whose rights may be affected
by the determination.
    (d)  The  tribunal   that   issued   an  order
recognized  under this  section  is  the  tribunal
having continuing, exclusive jurisdiction.
    (e)  The  family   support   magistrate  which
determines   by  order   the   identity   of   the
controlling order under  subsection  (b)  of  this
section or which  issues  a  new controlling order
under subdivision (3)  of  subsection  (b) of this
section shall state  in  the  order the basis upon
which the tribunal made its determination.
    (f) The family  support magistrate shall order
the  party obtaining  the  order  determining  the
identity of the  controlling order to file, within
thirty days after issuance of an order determining
the identity of the controlling order, a certified
copy of such  order with each tribunal that issued
or registered an  earlier  order of child support.
The failure to  file  such  order pursuant to this
subsection  shall  not   affect  the  validity  or
enforceability of the controlling order.
    Sec.  12.  (NEW)  In  responding  to  multiple
registrations or petitions  for enforcement of two
or more child support orders in effect at the same
time with regard to the same obligor and different
individual obligees, at  least  one  of  which was
issued by a  tribunal of another state, the Family
Support Magistrate Division  shall  enforce  those
orders in the  same  manner  as  if  the  multiple
orders  had been  issued  by  the  Family  Support
Magistrate Division.
    Sec. 13. (NEW)  Amounts collected and credited
for a particular  period  pursuant  to  a  support
order issued by  a  tribunal of another state must
be  credited  against   the  amounts  accruing  or
accrued for the  same period under a support order
issued by the  Family  Support Magistrate Division
or the Superior Court.
    Sec.  14.  (NEW)   (a)   Except  as  otherwise
provided in sections  1  to 50, inclusive, of this
act, sections 14  to  32,  inclusive,  of this act
apply to all  proceedings  under sections 1 to 50,
inclusive, of this act.
    (b) Sections 1  to  50, inclusive, of this act
provide  for  the   following   proceedings:   (1)
Establishment of an  order  for spousal support or
child support pursuant  to section 33 of this act;
(2) enforcement of  a  support  order  and  income
withholding  order  of   another   state   without
registration pursuant to  section  34 of this act;
(3) registration of  an  order for spousal support
or child support  of another state for enforcement
pursuant to sections  35 to 46, inclusive, of this
act;  (4)  modification  of  an  order  for  child
support or spousal support issued by a tribunal of
this  state  pursuant   to   sections   7  to  10,
inclusive, of this  act;  (5)  registration  of an
order  for child  support  of  another  state  for
modification  pursuant  to   sections  35  to  46,
inclusive,  of  this  act;  (6)  determination  of
paternity pursuant to  section 47 of this act; and
(7) assertion of  jurisdiction  over  nonresidents
pursuant to sections 5 and 6 of this act.
    (c)  An individual  petitioner  or  a  support
enforcement  agency  may   commence  a  proceeding
authorized under sections  1  to 50, inclusive, of
this act by  filing  a  petition  in an initiating
tribunal for forwarding  to  a responding tribunal
or by filing  a  petition or a comparable pleading
directly in a  tribunal of another state which has
or  can  obtain  personal  jurisdiction  over  the
respondent.
    Sec. 15. (NEW)  A  minor parent, or a guardian
or other legal  representative  of a minor parent,
may maintain a  proceeding on behalf of or for the
benefit of the minor's child.
    Sec. 16. (NEW) Except as otherwise provided by
sections  1 to  50,  inclusive,  of  this  act,  a
responding tribunal of this state: (1) Shall apply
the procedural and  substantive law, including the
rules on choice  of  law,  generally applicable to
similar proceedings originating  in this state and
may exercise all  powers  and provide all remedies
available  in those  proceedings;  and  (2)  shall
determine  the duty  of  support  and  the  amount
payable in accordance  with  the  law  and support
guidelines of this state.
    Sec. 17. (NEW)  (a) Except with respect to the
initial petition in  a  IV-D  support  case,  upon
filing of a  petition  authorized by sections 1 to
50, inclusive, of this act, an initiating tribunal
of this state  shall  forward  three copies of the
petition and its  accompanying  documents:  (1) To
the  responding tribunal  or  appropriate  support
enforcement agency in the responding state; or (2)
if the identity  of  the  responding  tribunal  is
unknown, to the  state  information  agency of the
responding  state with  a  request  that  they  be
forwarded to the  appropriate  tribunal  and  that
receipt be acknowledged.  If  a  petition  is  the
initial  petition in  a  IV-D  support  case,  the
initiating tribunal shall forward the three copies
of the petition  and its accompanying documents to
the interstate central  registry in the responding
state.
    (b) If a  responding  state  has not enacted a
law or procedure substantially similar to sections
1  to 50,  inclusive,  of  this  act,  the  family
support  magistrate may  issue  a  certificate  or
other document and  make  findings required by the
law  of  the   other   responding  state.  If  the
responding state is  a  foreign  jurisdiction, the
family support magistrate  may  specify the amount
of  support sought  and  provide  other  documents
necessary  to  satisfy  the  requirements  of  the
responding state.
    Sec. 18. (NEW)  (a)  When  the  Family Support
Magistrate  Division  receives   a   petition   or
comparable pleading from an initiating tribunal or
directly pursuant to  subsection (c) of section 14
of  this  act,   the   Family  Support  Magistrate
Division,  or  the  Support  Enforcement  Division
acting on its  behalf  shall  promptly  cause  the
petition or pleading  to  be  filed and notify the
petitioner by first  class  mail where and when it
was filed.
    (b) In matters  arising  under  this  section,
family support magistrates  shall  have  the  same
powers and authority  as  provided by law for IV-D
support cases.
    (c)  The family  support  magistrate  may  not
condition the payment  of  a  support order issued
under sections 1  to  50,  inclusive,  of this act
upon compliance by  a  party  with  provisions for
visitation.
    (d) If the  Family Support Magistrate Division
issues an order under sections 1 to 50, inclusive,
of  this  act,   the   Family  Support  Magistrate
Division,  or  the  Support  Enforcement  Division
acting on its  behalf,  shall  send  a copy of the
order by first  class  mail  to the petitioner and
the respondent and  to the initiating tribunal, if
any.
    Sec. 19. (NEW)  If  a  petition  or comparable
pleading is received  by an inappropriate tribunal
of this state, the tribunal shall promptly forward
the  pleading and  accompanying  documents  to  an
appropriate  tribunal in  this  state  or  another
state and notify  the  petitioner  by  first class
mail where and when the pleading was sent.
    Sec.  20.  (NEW)  (a)  A  support  enforcement
agency of this  state, upon request, shall provide
services to a  petitioner  in  a  proceeding under
sections 1 to 50, inclusive, of this act.
    (b)  A  support  enforcement  agency  that  is
providing   services   to    the   petitioner   as
appropriate shall: (1) Take all steps necessary to
enable an appropriate  tribunal  in  this state or
another  state to  obtain  jurisdiction  over  the
respondent; (2) request an appropriate tribunal to
set a date, time and place for a hearing; (3) make
a  reasonable  effort   to   obtain  all  relevant
information, including information  as  to  income
and property of the parties; (4) within five days,
exclusive   of  Saturdays,   Sundays   and   legal
holidays, after receipt  of  a written notice from
an initiating, responding or registering tribunal,
send a copy  of  the notice by first class mail to
the petitioner; (5) within five days, exclusive of
Saturdays,  Sundays  and   legal  holidays,  after
receipt  of  a   written  communication  from  the
respondent or the  respondent's  attorney,  send a
copy of the  communication  by first class mail to
the petitioner; and  (6)  notify the petitioner if
jurisdiction  over  the   respondent   cannot   be
obtained.
    (c)  The  provisions  of  sections  1  to  50,
inclusive,  of  this   act   do   not   create   a
relationship  of  attorney  and  client  or  other
fiduciary   relationship   between    a    support
enforcement agency or  the attorney for the agency
and the individual being assisted by the agency.
    Sec. 2l. (NEW)  (a) The Attorney General shall
provide necessary legal  services on behalf of the
support enforcement agency  in  providing services
to a petitioner under sections 1 to 50, inclusive,
of this act.
    (b) An individual  may  employ private counsel
to  represent  the   individual   in   proceedings
authorized by sections 1 to 50, inclusive, of this
act.
    Sec. 22. (NEW)  If  the Commissioner of Social
Services determines the support enforcement agency
is neglecting or  refusing  to provide services to
an individual, the  commissioner may provide those
services directly to the individual.
    Sec. 23. (NEW)  (a)  The  Support  Enforcement
Division  of  the  Superior  Court  is  the  state
information  agency  under   sections   1  to  50,
inclusive, of this act.
    (b) The state  information  agency  shall: (1)
Compile and maintain  a  current  list,  including
addresses, of the  tribunals  in  this state which
have  jurisdiction  under   sections   1   to  50,
inclusive, of this act and any support enforcement
agencies in this  state and transmit a copy to the
state information agency of every other state; (2)
maintain  a  registry  of  tribunals  and  support
enforcement agencies received  from  other states;
(3) forward to  the  appropriate  tribunal  in the
place  in  this  state  in  which  the  individual
obligee or the  obligor  resides,  or in which the
obligor's property is  believed to be located, all
documents concerning a proceeding under sections 1
to 50, inclusive,  of  this  act  received from an
initiating  tribunal  or   the  state  information
agency of the  initiating  state;  and  (4) obtain
information concerning the location of the obligor
and the obligor's  property  within this state not
exempt from execution.
    (c) In addition  to  its  duties  as the state
information   agency   the   Support   Enforcement
Division of the  Superior  Court  shall maintain a
registry of support  orders  and  judgments in the
Family Support Magistrate Division of the Superior
Court   and   shall    perform    such   clerical,
administrative and other  nonjudicial functions on
behalf of the  Family  Support Magistrate Division
as may be  required,  or  as  are otherwise agreed
upon, pursuant to  sections 1 to 50, inclusive, of
this  act  and  sections  46b-62  of  the  general
statutes, as amended  by  section  54 of this act,
46b-69 of the  general  statutes,  as  amended  by
section 55 of  this  act,  46b-179a of the general
statutes, as amended  by  section  59 of this act,
46b-179b of the  general  statutes,  as amended by
section 60 of  this  act,  46b-207  of the general
statutes, as amended  by  section  63 of this act,
46b-208 of the  general  statutes,  as  amended by
section 64 of  this  act,  46b-231  of the general
statutes, as amended  by  section  67 of this act,
52-362 of the  general  statutes,  as  amended  by
section 71 of this act, and 52-362f of the general
statutes, as amended by section 72 of this act.
    Sec. 24. (NEW)  (a)  A  petitioner  seeking to
establish  or  modify   a   support  order  or  to
determine paternity in a proceeding under sections
1 to 50,  inclusive,  of  this act must verify the
petition. Unless otherwise  ordered  under section
25  of this  act,  the  petition  or  accompanying
documents must provide, so far as known, the name,
residential address and Social Security numbers of
the obligor and  the  obligee,  and the name, sex,
residential address, Social  Security  number  and
date of birth  of  each  child for whom support is
sought. The petition  must  be  accompanied  by  a
certified copy of any support order in effect. The
petition may include  any  other  information that
may  assist  in   locating   or   identifying  the
respondent.
    (b)  The  petition  must  specify  the  relief
sought. The petition  and  accompanying  documents
must conform substantially  with  the requirements
imposed by the  forms  mandated by federal law for
use  in  cases  filed  by  a  support  enforcement
agency.
    Sec. 25. (NEW)  Upon  a  finding, which may be
made ex parte,  that the health, safety or liberty
of a party  or  child would be unreasonably put at
risk by the disclosure of identifying information,
or if an  existing  order  so provides, a tribunal
shall order that the address of the child or party
or other identifying  information not be disclosed
in  a  pleading  or  other  document  filed  in  a
proceeding under sections  1  to 50, inclusive, of
this act.
    Sec. 26. (NEW)  (a)  The petitioner may not be
required to pay a filing fee or other costs.
    (b)  If  an  obligee  prevails,  a  responding
tribunal  may assess  against  an  obligor  filing
fees, reasonable attorney's  fees, other costs and
necessary  travel and  other  reasonable  expenses
incurred  by  the   obligee   and   the  obligee's
witnesses. The tribunal may not assess fees, costs
or expenses against  the  obligee  or  the support
enforcement agency of either the initiating or the
responding state, except as provided by other law.
    Sec.  27.  (NEW)   (a)   Participation   by  a
petitioner in a  proceeding  before  a  responding
tribunal, whether in  person,  by private attorney
or  through  services   provided  by  the  support
enforcement  agency,  does   not  confer  personal
jurisdiction  over  the   petitioner   in  another
proceeding.
    (b) A petitioner is not amenable to service of
civil process while  physically  present  in  this
state  to  participate   in   a  proceeding  under
sections 1 to 50, inclusive, of this act.
    (c) The immunity  granted by this section does
not  extend to  civil  litigation  based  on  acts
unrelated to a  proceeding under sections 1 to 50,
inclusive, of this  act committed by a party while
present  in  this  state  to  participate  in  the
proceeding.
    Sec. 28. (NEW)  A  party  whose paternity of a
child  has  been   previously   determined  by  or
pursuant to law  may  not  plead nonpaternity as a
defense to a  proceeding  under  sections 1 to 50,
inclusive, of this act.
    Sec. 29. (NEW)  (a)  The  physical presence of
the petitioner in  a  responding  tribunal of this
state  is  not  required  for  the  establishment,
enforcement or modification  of a support order or
the rendition of a judgment determining paternity.
    (b) A verified  petition,  affidavit, document
substantially  complying  with  federally-mandated
forms and a  document incorporated by reference in
any of them,  not  excluded under the hearsay rule
if given in  person,  is admissible in evidence if
given under oath by a party or witness residing in
another state.
    (c) A copy  of  the  record  of  child support
payments certified as  a true copy of the original
by the custodian of the record may be forwarded to
a responding tribunal.  The  copy  is  evidence of
facts asserted in  it  and  is  admissible to show
whether payments were made.
    (d) Copies of  bills for testing for paternity
and for prenatal  and postnatal health care of the
mother and child,  furnished  to the adverse party
at least ten  days before trial, are admissible in
evidence to prove the amount of the charges billed
and that the  charges  were  reasonable, necessary
and customary.
    (e)  Documentary  evidence   transmitted  from
another state to  a  tribunal  of  this  state  by
telephone, telecopier or  other  means that do not
provide an original  writing  may  not be excluded
from evidence on  an  objection based on the means
of transmission.
    (f) In a  proceeding  under  sections 1 to 50,
inclusive,  of  this   act,   the  family  support
magistrate may permit  a party or witness residing
in another state  to testify by telephone or other
electronic means, if available, and such costs for
such testimony shall  be  assessed  to  the  party
requesting such method of providing testimony.
    (g) If a  party  called  to testify at a civil
hearing refuses to  answer  on the ground that the
testimony may be  self-incriminating, the trier of
fact  may  draw  an  adverse  inference  from  the
refusal.
    (h)   A  privilege   against   disclosure   of
communications between spouses does not apply in a
proceeding under sections  1  to 50, inclusive, of
this act.
    (i)  The defense  of  immunity  based  on  the
relationship of husband  and  wife  or  parent and
child  does  not   apply  in  a  proceeding  under
sections 1 to 50, inclusive, of this act.
    Sec. 30. (NEW) A family support magistrate may
communicate with a  tribunal  of  another state in
writing, or by telephone or other means, to obtain
information concerning the laws of that state, the
legal effect of  a  judgment,  decree  or order of
that tribunal and  the  status  of a proceeding in
the other state.  A  family support magistrate may
furnish similar information  by similar means to a
tribunal of another state.
    Sec. 31. (NEW)  A  family  support  magistrate
may: (1) Request  a  tribunal  of another state to
assist  in  obtaining   discovery;  and  (2)  upon
request,  compel  a   person   over  whom  it  has
jurisdiction  to  respond  to  a  discovery  order
issued by a tribunal of another state.
    Sec. 32. (NEW)  The  Child Support Enforcement
Bureau of the Department of Social Services or its
designated  collection  agent,  and  any  tribunal
shall  disburse  promptly   any  amounts  received
pursuant to a  support  order,  as directed by the
order. The bureau, agent or tribunal shall furnish
to a requesting party or tribunal of another state
a certified statement  by  the  custodian  of  the
record of the  amounts  and  dates of all payments
received.
    Sec. 33. (NEW) (a) If a support order entitled
to recognition under  sections 1 to 50, inclusive,
of this act  has not been issued, a family support
magistrate may issue  a  support order if: (1) The
individual seeking the  order  resides  in another
state;  or  (2)  the  support  enforcement  agency
seeking the order is located in another state.
    (b) The family  support magistrate may issue a
temporary  child  support   order   if:   (1)  The
respondent  has  signed   a   verified   statement
acknowledging paternity; (2)  the  respondent  has
been determined by  or  pursuant  to law to be the
parent;  or (3)  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.
    (c) Upon finding, after notice and opportunity
to be heard,  that  an  obligor  owes  a  duty  of
support, the tribunal  shall issue a support order
directed to the obligor and may issue other orders
pursuant to section 18 of this act.
    Sec. 34. (NEW)  (a) A party seeking to enforce
a support order or an income withholding order, or
both, issued by  a  tribunal  of another state may
send the documents  required  for  registering the
order to the Support Enforcement Division.
    (b) Upon receipt of the documents, the Support
Enforcement Division, with  the  assistance of the
Child Support Enforcement Bureau of the Department
of  Social  Services,   as   appropriate,  without
initially seeking to  register  the  order,  shall
consider   and,   if    appropriate,    use    any
administrative procedure authorized  by the law of
this state to enforce a support order or an income
withholding order, or  both.  If  the obligor does
not contest administrative  enforcement, the order
need not be  registered.  If  the obligor contests
the validity or  administrative enforcement of the
order, the support  enforcement  agency shall file
the order with the Support Enforcement Division of
the Superior Court  to be recorded in the register
of support orders of the Family Support Magistrate
Division.
    (c)  The Support  Enforcement  Division  shall
respond within five  business  days  to  a request
made   by   another   state   for   administrative
enforcement pursuant to this section, and maintain
records of the  number  of  requests received, the
number of such  cases  resulting in collection and
the  amounts collected.  The  Support  Enforcement
Division or the  child  support enforcement bureau
may request similar  assistance from other states.
Any such request  shall constitute a certification
to such other state of the amount in arrears under
the   court  order   and   that   all   procedural
requirements have been satisfied.
    Sec. 35. (NEW)  A  support  order or an income
withholding order issued  by a tribunal of another
state  may  be   registered   in  this  state  for
enforcement with the register of support orders of
the Family Support  Magistrate Division maintained
by  the  Support   Enforcement   Division  of  the
Superior Court.
    Sec. 36. (NEW)  (a)  A support order or income
withholding  order  of   another   state   may  be
registered in this  state by sending the following
documents   and   information   to   the   Support
Enforcement Division for filing in the registry of
support orders of  the  Family  Support Magistrate
Division:  (1) A  letter  of  transmittal  to  the
Support     Enforcement    Division     requesting
registration  and  enforcement;  (2)  two  copies,
including one certified  copy, of all orders to be
registered,  including  any   modification  of  an
order; (3) a  sworn statement by the party seeking
registration  or  a  certified  statement  by  the
custodian of the records showing the amount of any
arrearage; (4) the  name  of  the  obligor and, if
known:  (A)  The   obligor's  address  and  Social
Security number; (B)  the  name and address of the
obligor's employer and  any other source of income
of the obligor;  and  (C)  a  description  and the
location of property  of the obligor in this state
not  exempt  from  execution;  (5)  the  name  and
address of the  obligee  and,  if  applicable, the
agency or person  to  whom support payments are to
be  remitted;  and   (6)  a  statement  disclosing
whether or not  any  other action or proceeding is
currently pending concerning  the  support  of the
child who is the subject of such support order.
    (b) On receipt  of a request for registration,
the Support Enforcement  Division  shall cause the
order to be  filed  as  a  foreign judgment in the
registry of support  orders  of the Family Support
Magistrate Division, together with one copy of the
documents  and information,  regardless  of  their
form.
    (c) A petition  or comparable pleading seeking
a remedy that  is  required  to  be  affirmatively
sought under other  law of this state may be filed
at the same  time  as the request for registration
or later. The  pleading  shall specify the grounds
for the remedy sought.
    Sec. 37. (NEW)  (a)  A support order or income
withholding  order  issued  in  another  state  is
registered  when  the  order  is  filed  with  the
Support Enforcement Division  for  registration in
the registry of support orders.
    (b) A registered order issued in another state
is enforceable in  the  same manner and is subject
to the same  procedures  as  an  order issued by a
tribunal of this state.
    (c) Except as  otherwise  provided in sections
35 to 46,  inclusive,  of  this act, a tribunal of
this state shall  recognize  and  enforce, but may
not modify, a  registered  order  if  the  issuing
tribunal had jurisdiction.
    Sec. 38. (NEW)  (a)  The  law  of  the issuing
state  governs  the  nature,  extent,  amount  and
duration of current payments and other obligations
of support and the payment of arrearages under the
order.
    (b)  In  a   proceeding  for  arrearages,  the
statute of limitations  under  the  laws  of  this
state  or  of  the  issuing  state,  whichever  is
longer, applies.
    Sec. 39. (NEW)  (a)  When  a  support order or
income withholding order  issued  in another state
is  registered,  the   Family  Support  Magistrate
Division  or  the   Support  Enforcement  Division
acting   on   its   behalf,   shall   notify   the
nonregistering  party. Notice  must  be  given  by
first class, certified  or  registered  mail or by
any means of  personal  service  authorized by the
law of this  state. The notice must be accompanied
by  a  copy   of  the  registered  order  and  the
documents  and relevant  information  accompanying
the order.
    (b) The notice  must inform the nonregistering
party: (1) That  a registered order is enforceable
as of the  date of registration in the same manner
as an order  issued  by  a tribunal of this state;
(2)  that a  hearing  before  the  Family  Support
Magistrate Division to  contest  the  validity  or
enforcement  of  the   registered  order  must  be
requested within twenty  days  after  the  date of
mailing or personal  service  of  the  notice; (3)
that   failure  to   contest   the   validity   or
enforcement of the  registered  order  in a timely
manner will result  in  confirmation  of the order
and  enforcement of  the  order  and  the  alleged
arrearages and precludes  further  contest of that
order with respect  to  any matter that could have
been  asserted; and  (4)  of  the  amount  of  any
alleged arrearages.
    (c) Upon registration of an income withholding
order   for  enforcement,   the   Family   Support
Magistrate Division, or  the  Support  Enforcement
Division acting on  its  behalf,  shall notify the
obligor's employer pursuant  to  section 52-362 of
the general statutes,  as amended by section 58 of
this act.
    Sec.  40. (NEW)  (a)  A  nonregistering  party
seeking to contest  the validity or enforcement of
a registered order  in  this state shall request a
hearing  before  the   Family  Support  Magistrate
Division within twenty  days  after  the  date  of
mailing  or personal  service  of  notice  of  the
registration. The nonregistering party may seek to
vacate the registration,  to assert any defense to
an allegation of noncompliance with the registered
order, or to  contest the remedies being sought or
the amount of  any  alleged arrearages pursuant to
section 41 of this act.
    (b)  If  the  nonregistering  party  fails  to
contest  the  validity   or   enforcement  of  the
registered order in  a timely manner, the order is
confirmed by operation of law.
    (c)  If  a  nonregistering  party  requests  a
hearing to contest  the validity or enforcement of
the   registered   order,   the   Family   Support
Magistrate Division shall  schedule the matter for
hearing and give  notice  to  the parties by first
class mail of  the  date,  time  and  place of the
hearing.
    Sec. 41. (NEW)  (a)  A  party  contesting  the
validity or enforcement  of  a registered order or
seeking to vacate  the registration has the burden
of proving one  or more of the following defenses:
(1)   The   issuing   tribunal   lacked   personal
jurisdiction over the  contesting  party;  (2) the
order was obtained  by  fraud;  (3)  the order has
been vacated, suspended  or  modified  by  a later
order; (4) the  issuing  tribunal  has  stayed the
order pending appeal; (5) there is a defense under
the law of  this  state  to the remedy sought; (6)
full or partial  payment has been made; or (7) the
statute of limitations  under  section  38 of this
act precludes enforcement  of  some  or all of the
arrearages.
    (b) If a  party presents evidence establishing
a full or  partial defense under subsection (a) of
this section, a  tribunal  may stay enforcement of
the registered order,  continue  the proceeding to
permit production of  additional relevant evidence
and issue other appropriate orders. An uncontested
portion of the registered order may be enforced by
all  remedies available  under  the  law  of  this
state.
    (c) If the contesting party does not establish
a defense under  subsection (a) of this section to
the validity or  enforcement  of  the  order,  the
registering   tribunal  shall   issue   an   order
confirming the order.
    Sec. 42. (NEW)  Confirmation  of  a registered
order, whether by operation of law or after notice
and  hearing, precludes  further  contest  of  the
order with respect  to  any matter that could have
been asserted at the time of registration.
    Sec. 43. (NEW)  A party or support enforcement
agency  seeking  to   modify,  or  to  modify  and
enforce, a child  support  order issued in another
state shall register  that  order in this state in
the same manner  provided  in  sections  35 to 38,
inclusive, of this  act  if the order has not been
registered. A petition  for  modification  may  be
filed  at  the   same   time   as  a  request  for
registration, or later.  The pleading must specify
the grounds for modification.
    Sec. 44. (NEW) A family support magistrate may
enforce a child  support  order  of  another state
registered for purposes  of  modification,  in the
same manner as  if  the order had been issued by a
family  support  magistrate,  but  the  registered
order may be  modified only if the requirements of
section 45 of this act have been met.
    Sec. 45. (NEW) (a) After a child support order
issued in another  state  has  been  registered in
this state, a family support magistrate may modify
that order only  if,  after notice and hearing, he
finds that: (1)  The  following  requirements  are
met: (A) The child, the individual obligee and the
obligor do not  reside in the issuing state; (B) a
petitioner who is  a  nonresident  of  this  state
seeks  modification; and  (C)  the  respondent  is
subject to the personal jurisdiction of the Family
Support Magistrate Division;  or  (2) the child or
party who is  an  individual  is  subject  to  the
personal  jurisdiction  of   the   Family  Support
Magistrate Division and all of the parties who are
individuals have filed  written  consents  in  the
issuing tribunal for  a  family support magistrate
to modify the  support order and assume continuing
exclusive jurisdiction over  the order provided if
the issuing state  is  a foreign jurisdiction that
has not enacted  a  law  or established procedures
substantially  similar  to   sections   1  to  50,
inclusive,  of this  act,  the  consent  otherwise
required of an  individual  residing in this state
is not required  for the family support magistrate
to assume jurisdiction  to  modify a child support
order.
    (b) Modification of a registered child support
order  is  subject   to   the  same  requirements,
procedures  and  defenses   that   apply   to  the
modification of an  order  issued  by  the  Family
Support Magistrate Division  and  the order may be
enforced and satisfied  in the same manner. If two
or more tribunals have issued child support orders
for the same  obligor  and  child,  the order that
controls and shall  be so recognized under section
11 of this  act  establishes  the  aspects  of the
support order which are nonmodifiable.
    (c) A family support magistrate may not modify
any aspect of  a  child support order that may not
be modified under the law of the issuing state. If
two or more  tribunals  have  issued child support
orders for the  same  obligor and child, the order
that controls and  shall  be  so  recognized under
section 11 of  this act establishes the aspects of
the support order which are nonmodifiable.
    (d) On issuance  of an order modifying a child
support order issued  in another state, the Family
Support Magistrate Division  becomes  the tribunal
of continuing exclusive jurisdiction.
    (e) The family  support magistrate shall order
the party obtaining  the  modification  of a child
support order to  file,  within  thirty days after
issuance of such  modification  order, a certified
copy of such  order with each tribunal that issued
or registered an  earlier  order of child support.
The failure to  file  such orders pursuant to this
subsection  shall  not   affect  the  validity  or
enforceability of the controlling order.
    Sec. 46. (NEW)  The  Family Support Magistrate
Division  or  Superior  Court  shall  recognize  a
modification of its earlier child support order by
a  tribunal  of   another   state   which  assumed
jurisdiction  pursuant  to   a  law  substantially
similar to sections  1  to  50, inclusive, of this
act  and,  upon   request,   except  as  otherwise
provided in said  sections, shall: (1) Enforce the
order  that  was   modified  only  as  to  amounts
accruing before the modification; (2) enforce only
nonmodifiable aspects of  that  order; (3) provide
other appropriate relief  only  for  violations of
that order which  occurred  before  the  effective
date  of  modification;   and  (4)  recognize  the
modifying  order  of   the   other   state,   upon
registration, for the purpose of enforcement.
    Sec.  47.  (NEW)   (a)   The   Family  Support
Magistrate Division may  serve as an initiating or
responding tribunal in  a proceeding brought under
sections 1 to  50, inclusive, of this act or a law
substantially  similar  to   said   sections,  the
Uniform Reciprocal Enforcement  of  Support Act or
the  Revised  Uniform  Reciprocal  Enforcement  of
Support Act to  determine that the petitioner is a
parent of a  particular child or to determine that
a respondent is a parent of such child.
    (b) In a  proceeding  to  determine paternity,
the Family Support Magistrate Division shall apply
the procedural and  substantive  law of this state
and the rules of this state on choice of law.
    Sec. 48. (NEW)  (a) The Governor of this state
may: (1) Demand that the governor of another state
surrender an individual  found  in the other state
who  is charged  criminally  in  this  state  with
having failed to  provide  for  the  support of an
obligee; or (2)  on  the demand by the governor of
another state, surrender  an  individual  found in
this state who  is charged criminally in the other
state  with  having  failed  to  provide  for  the
support of an obligee.
    (b) A provision for extradition of individuals
not inconsistent with sections 1 to 50, inclusive,
of this act  applies  to  the  demand  even if the
individual whose surrender  is demanded was not in
the demanding state  when  the crime was allegedly
committed and has not fled therefrom.
    Sec. 49. (NEW) (a) Before making a demand that
the  governor  of   another   state  surrender  an
individual charged criminally  in  this state with
having failed to  provide  for  the  support of an
obligee, the Governor  of this state may require a
state's attorney or  assistant state's attorney to
demonstrate that at  least  sixty days' previously
the obligee had  initiated proceedings for support
pursuant to sections  1  to 50, inclusive, of this
act or that the proceeding would be of no avail.
    (b) If, under  sections 1 to 50, inclusive, of
this act or  a  law  substantially similar to said
sections, the Uniform  Reciprocal  Enforcement  of
Support  Act or  the  Revised  Uniform  Reciprocal
Enforcement  of  Support   Act,  the  governor  of
another state makes  a demand that the Governor of
this  state  surrender   an   individual   charged
criminally in that  state  with  having  failed to
provide  for the  support  of  a  child  or  other
individual to whom  a duty of support is owed, the
Governor  may  require   a   state's  attorney  or
assistant  state's  attorney  to  investigate  the
demand and report whether a proceeding for support
has been initiated  or  would  be effective. If it
appears that a  proceeding would be effective, but
has not been  initiated,  the  Governor  may delay
honoring  the demand  for  a  reasonable  time  to
permit the initiation of a proceeding.
    (c)  If a  proceeding  for  support  has  been
initiated and the  individual  whose  rendition is
demanded prevails, the  Governor  may  decline  to
honor the demand.  If  the petitioner prevails and
the  individual whose  rendition  is  demanded  is
subject  to a  support  order,  the  Governor  may
decline to honor  the  demand if the individual is
complying with the support order.
    Sec. 50. (NEW) Sections 1 to 50, inclusive, of
this  act  shall   be  applied  and  construed  to
effectuate its general purpose to make uniform the
law with respect  to the subject of said sections,
among states enacting this uniform act.
    Sec. 51. Subsection  (b) of section 17b-745 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) [Any] EXCEPT  AS PROVIDED IN SECTIONS 1 TO
50, INCLUSIVE, OF  THIS  ACT,  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] EXCEPT AS PROVIDED IN SECTIONS 1 TO 50,
INCLUSIVE, OF THIS  ACT, 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  subsection  (b)  of
section 46b-231, AS  AMENDED BY SECTION 67 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] SECTIONS  43,  44 AND 45 OF THIS
ACT. 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.
    Sec. 52. Subsection  (b)  of section 46b-46 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)   The   court    may   exercise   personal
jurisdiction over the  nonresident party as to all
matters concerning temporary  or permanent alimony
or  support  of   children,   only   if:  (1)  The
nonresident party has received actual notice under
subsection (a) of  this section; and (2) the party
requesting alimony [or  support of children] meets
the residency requirement of section 46b-44.
    Sec.  53.  Section   46b-49   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    When  it  considers   it   necessary   in  the
interests of justice and the persons involved, the
court shall, upon the motion of either party or of
counsel for any minor children, direct the hearing
of any matter  under  this  chapter  and  sections
17b-743,   17b-744,   45a-257,    46b-1,    46b-6,
[46b-204,] 47-14g, 51-348a  and 52-362, AS AMENDED
BY SECTION 71  OF  THIS  ACT,  to  be private. The
court may exclude  all persons except the officers
of the court, a court reporter, the parties, their
witnesses and their counsel.
    Sec.  54.  Section   46b-62   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    In any proceeding  seeking  relief  under  the
provisions of this  chapter  and sections 17b-743,
17b-744, 45a-257, 46b-1, 46b-6, [46b-204] 1 TO 50,
INCLUSIVE,  OF  THIS   ACT,  47-14g,  51-348a  and
52-362, AS AMENDED  BY SECTION 71 OF THIS ACT, the
court  may  order   either   spouse  or,  if  such
proceeding concerns the  custody, care, education,
visitation or support  of  a  minor  child, either
parent to pay  the  reasonable  attorney's fees of
the  other in  accordance  with  their  respective
financial abilities and  the criteria set forth in
section 46b-82. If,  in  any proceeding under this
chapter and said  sections,  the court appoints an
attorney for a  minor  child,  the court may order
the  father,  mother   or  an  intervening  party,
individually or in  any  combination,  to  pay the
reasonable fees of  the  attorney or may order the
payment of the attorney's fees in whole or in part
from the estate  of  the  child.  If  the child is
receiving or has  received  state aid or care, the
reasonable compensation of  the  attorney shall be
established by, and  paid  from funds appropriated
to, the Judicial Department.
    Sec.  55.  Section   46b-69   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The provisions of  this  chapter  and sections
17b-743,   17b-744,   45a-257,    46b-1,    46b-6,
[46b-204,] 47-14g, 51-348a  and 52-362, AS AMENDED
BY SECTION 71  OF  THIS  ACT,  shall  apply to all
actions for dissolution of marriage, annulment and
legal separation filed  after May 13, 1974, to all
actions  for  annulment,   legal   separation   or
dissolution of marriage  commenced  prior  to said
date  and  to   appeals   from,  and  motions  for
modification of, any  alimony,  support or custody
order entered pursuant  to a decree of dissolution
of  a  marriage,   divorce,  legal  separation  or
annulment  rendered  prior   to   said  date.  The
provisions of this  chapter  and sections 17b-743,
17b-744, 45a-257, 46b-1, 46b-6, [46b-204,] 47-14g,
51-348a and 52-362,  AS  AMENDED  BY SECTION 71 OF
THIS ACT, in  effect  on  October  1,  1973, shall
continue to apply to any action for dissolution of
marriage, annulment or legal separation in which a
decree of the  Superior  Court  has  been rendered
after October 1,  1973,  in  which  an  appeal  is
pending or in  which  the date of taking an appeal
has not expired  on May 13, 1974, except an appeal
from any order  of  alimony  or  custody. Sections
46-13 to 46-30, inclusive, of the general statutes
of Connecticut, revision of 1958, revised to 1972,
shall continue to apply to any action for divorce,
dissolution  of a  marriage,  annulment  or  legal
separation in which a decree has been rendered and
in which an appeal is pending or in which the time
for taking an appeal had not expired on October 1,
1973, except an  appeal from any order of alimony,
support or custody.
    Sec.  56.  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 subsection (b) of
section 46b-231, AS  AMENDED BY SECTION 67 OF THIS
ACT, AND IN  PETITIONS BROUGHT UNDER SECTIONS 1 TO
50, INCLUSIVE, 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 hear the
petitioner and enter  such  judgment  and order 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.
    [(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)] (b) 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)]  (c)  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)] (d) 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)] (e) (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 be entered.
    (3) The application for appointment of counsel
shall include a financial affidavit.
    [(g)]  (f) 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)]  (g)  The   court   or   family  support
magistrate may 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 a
default judgment 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.  57.  Section   46b-170  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    No such petition  shall  be  withdrawn  except
upon approval of  a judge or in IV-D support cases
as defined in  subsection  (b) of section 46b-231,
AS  AMENDED  BY   SECTION  67  OF  THIS  ACT,  AND
PETITIONS  BROUGHT  UNDER   SECTIONS   1   TO  50,
INCLUSIVE,  OF  THIS   ACT,   the  family  support
magistrate assigned to  the  judicial  district in
which the petition  was  brought. Any agreement of
settlement, before or  after  a  petition has been
brought, other than  an  agreement  made under the
provisions of section  46b-172, between the mother
and putative father  shall  take  effect only upon
approval of the  terms  thereof  by a judge of the
Superior  Court,  or   family  support  magistrate
assigned to the  judicial  district  in  which the
mother or the  putative father resides and, in the
case of children  supported  by  the  state or the
town,  on the  approval  of  the  Commissioner  of
Social Services or  the  Attorney General. When so
approved, such agreements  shall  be  binding upon
all persons executing them, whether such person is
a minor or an adult.
    Sec.  58.  Section   46b-172  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) In lieu of or in conclusion of proceedings
under section 46b-160,  the written acknowledgment
of paternity executed  by  the  putative father of
the child when  accompanied  by an attested waiver
of the right to a blood test, the right to a trial
and  the  right  to  an  attorney  and  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  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,
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  AND  MATTERS  BROUGHT  UNDER
SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, 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 SECTION 67 OF
THIS ACT, payments shall be made to the [Bureau of
Collection  Services]  BUREAU   OF  CHILD  SUPPORT
ENFORCEMENT OR ITS  DESIGNATED  COLLECTION  AGENT.
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) At any  time  after  the  filing  with the
court 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 AND IN MATTERS BROUGHT UNDER
SECTIONS 1 TO  50,  INCLUSIVE,  OF THIS ACT, 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 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,  section   17a-90,   46b-129  or
46b-130,  and reasonable  expense  of  the  action
under this subsection  on  the  acknowledgment  of
paternity previously filed  with  said  court. 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 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  for  all
paternity acknowledgments filed  with the court on
or after March 1, 1981, as to that issue 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 SECTION  67 OF THIS ACT, payments shall
be made to  the  [Bureau  of  Collection Services]
BUREAU  OF  CHILD   SUPPORT   ENFORCEMENT  OR  ITS
DESIGNATED COLLECTION AGENCY.
    (c) 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) 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.
    Sec.  59.  Section  46b-179a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The [court]  SUPPORT  ENFORCEMENT DIVISION
OF THE SUPERIOR COURT shall maintain a registry IN
THE   FAMILY  SUPPORT   MAGISTRATE   DIVISION   of
paternity judgments from  other  states. Any party
to an action  in  which  a paternity judgment from
another  state  was   rendered  may  register  the
foreign paternity judgment  in  [a  court  of this
state]  THE REGISTRY  MAINTAINED  BY  THE  SUPPORT
ENFORCEMENT DIVISION without  payment  of a filing
fee or other cost to the party.
    (b) The party  shall  file a certified copy of
the foreign paternity judgment and a certification
that such judgment  is  final  and  has  not  been
modified, altered, amended,  set  aside or vacated
and that the  enforcement of such judgment has not
been stayed or  suspended.  Such certificate shall
set forth the  full name and last-known address of
the other party to the judgment.
    Sec.  60.  Section  46b-179b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Such foreign paternity judgment, ON THE FILING
WITH  THE  REGISTRY   MAINTAINED  BY  THE  SUPPORT
ENFORCEMENT DIVISION, shall  become  a judgment of
the [court of this state where it is filed] FAMILY
SUPPORT MAGISTRATE DIVISION  OF THE SUPERIOR COURT
and shall be enforced and otherwise treated in the
same manner as  a  judgment  of  [a  court in this
state] THE FAMILY  SUPPORT  MAGISTRATE DIVISION. A
foreign paternity judgment so filed shall have the
same effect and may be enforced in the same manner
as any like  judgment  of a [court] FAMILY SUPPORT
MAGISTRATE  of  this   state,   provided  no  such
judgment shall be  enforced for a period of twenty
days after the filing thereof.
    Sec.  61.  Section  46b-179c  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Within five days of the filing of the judgment
and  certification  in   accordance  with  section
46b-179a, the party  filing  such  judgment  shall
notify the other  party to the paternity action of
the filing of  such judgment by registered mail at
his last-known address or by personal service. The
[court] FAMILY SUPPORT  MAGISTRATE  DIVISION shall
not enforce any  such  foreign  paternity judgment
until proof of  service  has  been  filed with the
court.
    Sec.  62.  Section  46b-179d  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    If either party  files  an  affidavit with the
[court] FAMILY SUPPORT MAGISTRATE DIVISION that an
appeal  from the  foreign  paternity  judgment  is
pending in the foreign state, or will be taken, or
that a stay  of  execution  has  been granted, the
[court] FAMILY SUPPORT  MAGISTRATE  DIVISION  will
stay enforcement of the foreign paternity judgment
until the appeal is concluded, the time for appeal
expires or the  stay  of  execution  expires or is
vacated.
    Sec.  63.  Section   46b-207  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The  court  is  authorized  to  establish  and
maintain a Support  Enforcement  Division and such
division offices as  it  determines  are necessary
for  the proper  handling  of  the  administrative
details incident to  proceedings under [this part]
SECTIONS 1 TO  50, INCLUSIVE, OF THIS ACT, and may
appoint such personnel as necessary for the proper
administration  of the  nonjudicial  functions  of
proceedings under [this  part]  SECTIONS  1 TO 50,
INCLUSIVE, OF THIS ACT.
    Sec.  64.  Section   46b-208  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The  support  service   investigators  of  the
Support Enforcement Division of the Superior Court
shall, while acting  within  the  scope  of  their
duties as such,  pursuant  to  matters under [this
part] SECTIONS 1  TO  50,  INCLUSIVE, OF THIS ACT,
have the powers  of  service  and  of execution of
summons  and  orders   for  withholding,  and  the
conduct of investigations.
    Sec. 65. Subsection  (e) of section 46b-215 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (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] SECTIONS
43, 44 AND 45 OF THIS ACT.
    Sec.  66.  Section  46b-215b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The child support and arrearage guidelines
promulgated pursuant to  section  8  of public act
85-548* and any updated guidelines issued pursuant
to section 46b-215a  shall  be  considered  in all
determinations  of  child   support   amounts  and
payment on arrearages  and past due support within
the state. In  all such determinations there shall
be a rebuttable  presumption  that  the  amount of
such awards which resulted from the application of
such  guidelines  is  the  amount  of  support  or
payment on any arrearage or past due support to be
ordered. A specific finding on the record that the
application of the guidelines would be inequitable
or  inappropriate  in   a   particular   case,  as
determined  under  criteria   established  by  the
commission  under  section   46b-215a,   shall  be
sufficient to rebut the presumption in such case.
    (b) In any proceeding for the establishment or
modification of a  child  support award, the child
support guidelines shall be considered in addition
to and not in lieu of the criteria for such awards
established in sections  46b-84,  46b-86, 46b-130,
46b-171, 46b-172, [46b-198,]  46b-215,  AS AMENDED
BY SECTION 65 OF THIS ACT, 17b-179 and 17b-745, AS
AMENDED BY SECTION 51 OF THIS ACT.
    Sec.  67.  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) "Chief Family  Support  Magistrate"  means
the family support  magistrate  designated  by the
Chief   Court   Administrator   as   provided   in
subsection (f) of  this  section  to determine and
enforce child support  orders  under  this section
and  designated  to   administer   proceedings  to
enforce such orders;
    (3) "Child support enforcement services" means
the services provided  for  the  establishment and
enforcement of support  by the department pursuant
to Title IV-D of the Social Security Act;
    (4) "Commissioner" means  the  Commissioner of
Social   Services,  a   designee   or   authorized
representative;
    (5)  "Connecticut  Child  Support  Enforcement
Bureau" means a  division within the Department of
Social Services established  pursuant  to  section
17b-179;
    (6)  "Department"  means   the  Department  of
Social Services or  any bureau, division or agency
of the Department of Social Services;
    (7) "Family Support Magistrate Division" means
a division of  the  Superior Court created by this
section  for  the   purpose  of  establishing  and
enforcing child and  spousal support in IV-D cases
AND IN CASES BROUGHT PURSUANT TO SECTIONS 1 TO 50,
INCLUSIVE, OF THIS  ACT,  utilizing quasi-judicial
proceedings;
    (8)  "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) "Foster care  cases"  are  cases  in which
children are receiving  foster  care  under  Title
IV-E of the Social Security Act;
    (10) "Law" includes  both  common  and statute
law;
    (11) "Obligee" means any person to whom a duty
of support is owed;
    (12) "Obligor" means  any  person owing a duty
of support;
    (13) "IV-D agency" means the agency created by
section  17b-179, 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)  "IV-D support  cases"  are  actions  for
child and spousal  support 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.
    (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 BY
MAGISTRATES of IV-D support cases [by magistrates]
AND IN CASES BROUGHT PURSUANT TO SECTIONS 1 TO 50,
INCLUSIVE, OF THIS  ACT.  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 51 OF  THIS  ACT,  46b-172,  AS AMENDED BY
SECTION 58 OF THIS ACT, and 46b-215, AS AMENDED BY
SECTION 65 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, 17b-745, AS AMENDED BY SECTION 51 OF THIS
ACT, and 46b-215, AS AMENDED BY SECTION 65 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 58 OF
THIS ACT, and  actions  for interstate enforcement
of child and  spousal  support AND PATERNITY under
sections [46b-180 to  46b-211, inclusive] 1 TO 50,
INCLUSIVE,  OF  THIS   ACT,  and  shall  hear  and
determine all motions  for  modifications of child
and  spousal  support  in  such  cases.  A  family
support magistrate shall  not  modify an order for
periodic payment on an arrearage due the state for
state assistance which  has  been  discontinued to
increase such payments,  unless the family support
magistrate first determines  that  the  state  has
made a reasonable  effort  to  notify  the current
recipient of child  support,  at  the most current
address  available to  the  IV-D  agency,  of  the
pendency of the  motion  to increase such periodic
arrearage payments and  of  the  time and place of
the hearing on  such  motion.  If  such  recipient
appears,   either   personally    or   through   a
representative,  at  such   hearing,   the  family
support  magistrate shall  determine  whether  the
order in effect for child support is reasonable in
relation to the current financial circumstances of
the  parties,  prior   to   modifying   an   order
increasing such periodic arrearage payments.
    (3) Family support  magistrates  shall  review
and approve or  modify  all agreements for support
in  IV-D  support  cases  filed  with  the  Family
Support  Magistrate Division  in  accordance  with
sections 17b-179, 17b-745,  AS  AMENDED BY SECTION
51 OF THIS  ACT, 46b-172, AS AMENDED BY SECTION 58
OF THIS ACT,  46b-215, AS AMENDED BY SECTION 65 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 order should be modified,
shall  make  such  determination  based  upon  the
criteria set forth  in  section 46b-84 and section
46b-215b, AS AMENDED  BY SECTION 66 OF THIS ACT. 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 for support  obtained in AFDC 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  of  the   child  or  the  putative  father
resides, pursuant to  section  46b-172, AS AMENDED
BY  SECTION 58  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  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   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] IN  A  IV-D  SUPPORT  CASE,  SUCH
petitions shall be  accompanied by a certification
that copies of  the petition have been served upon
the IV-D agency  as  defined  in subsection (b) of
this section and  all  parties  of record. Service
upon the IV-D  agency may be made by the appellant
mailing a copy  of  the petition by certified mail
to the office of the Attorney General in Hartford.
    (3) Within fourteen  days  after the filing of
the petition, or  within  such further time as may
be  allowed  by  the  court,  the  Family  Support
Magistrate   Division  shall   transmit   to   the
reviewing court the  original  or a certified copy
of the entire  record  of  the proceeding appealed
from, which shall  include  the  decision  of  the
family support magistrate.  The  court may require
or permit subsequent  corrections  or additions to
the record.
    (4) The aggrieved  party  shall  file with his
appeal a statement  that no transcript is required
for the purpose  of  determining the issues raised
on appeal or  a  statement  that  he has ordered a
transcript. A transcript may be filed by any party
to an appeal and shall be filed within thirty days
from the filing of said appeal unless the time for
filing such transcript is extended by order of the
Superior Court or  the  family support magistrate.
Costs of preparing the transcript shall be paid by
the  party  ordering   the   preparation   of  the
transcript.
    (5)  If, before  the  date  set  for  hearing,
application is made  to  the  Superior  Court  for
leave to present  additional  evidence,  and it is
shown to the  satisfaction  of  the court that the
additional evidence is  material  and  that  there
were good reasons for failure to present it in the
proceeding before the  family  support magistrate,
the Superior Court  may permit additional evidence
be taken before  it  upon conditions determined by
the court.
    (6)  The appeal  shall  be  conducted  by  the
Superior  Court  without   a  jury  and  shall  be
confined  to  the   record   and  such  additional
evidence as the Superior Court has permitted to be
introduced.  The  Superior  Court,  upon  request,
shall  hear  oral  argument  and  receive  written
briefs.
    (7) The Superior Court may affirm the decision
of the family  support  magistrate  or  remand the
case for further  proceedings.  The Superior Court
may reverse or  modify the decision if substantial
rights  of  the  appellant  have  been  prejudiced
because  the  decision   of   the  family  support
magistrate is: (A)  In violation of constitutional
or statutory provisions;  (B)  in  excess  of  the
statutory   authority  of   the   family   support
magistrate; (C) made  upon unlawful procedure; (D)
affected  by  other  error  of  law;  (E)  clearly
erroneous in view  of the reliable, probative, and
substantial evidence on  the  whole record; or (F)
arbitrary or capricious  or characterized by abuse
of discretion or  clearly  unwarranted exercise of
discretion.
    (8) Any order entered by the court pursuant to
an appeal under this subsection may be retroactive
to the date  of  the original order entered by the
family support magistrate.
    (9) Upon all  such  appeals  which are denied,
costs may be  taxed  in  favor  of  the prevailing
party at the discretion of the Superior Court, but
no costs shall be taxed against the state.
    (10) In any  case  in  which  any party claims
that he cannot  pay  the  costs  of  an  appeal or
defending an appeal  under this section, he shall,
within the time  permitted  for filing the appeal,
or the time  permitted  for filing of a transcript
of testimony if  preparation of such transcript is
required, file with  the  clerk  of  the  superior
court to which  the  appeal  is  to  be  taken  an
application for waiver  of  payment  of such fees,
costs  and  necessary  expenses.  The  application
shall conform to rules adopted pursuant to section
51-14. After such  hearing  as  the Superior Court
determines is necessary,  the Superior Court shall
enter  its  judgment  on  the  application,  which
judgment shall contain  a  statement  of the facts
the Superior Court has found, with its conclusions
thereon. The filing  of  the  application  for the
waiver shall toll  the  time limits for the filing
of an appeal until such time as a judgment on such
application is entered.
    (o) 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, 17b-743  to  17b-746,  inclusive,
subsection  (a)  of   section   46b-55,   sections
46b-59a, 46b-86 and 46b-172, AS AMENDED BY SECTION
58 OF THIS  ACT,  this  chapter, subsection (b) of
section  51-348, section  52-362,  AS  AMENDED  BY
SECTION 71 OF  THIS ACT, subsection (a) of section
52-362d, subsection (a)  of  section  52-362e  and
subsection (c) of  section  53-304,  and  shall be
considered orders of  the  Superior  Court for the
purpose  of  establishing  and  enforcing  support
orders  of  the   family  support  magistrate,  as
provided  in  sections  17b-81,  17b-93,  17b-179,
17b-745, 52-362, AS  AMENDED BY SECTION 71 OF THIS
ACT,  52-362d,  52-362e   and  53-304,  except  as
otherwise provided in this section. All orders for
support issued by  family  support  magistrates in
any matter before  a  magistrate  shall contain an
order for withholding  to  enforce  such orders as
set forth in  [said] section 52-362, AS AMENDED BY
SECTION 71 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 withholdings
ordered by a family support magistrate pursuant to
section 52-362, AS  AMENDED  BY SECTION 71 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 65 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 58 OF  THIS  ACT,  and  in  IV-D cases AND
CASES UNDER SECTIONS  1  TO 50, INCLUSIVE, OF THIS
ACT,  enforce foreign  support  orders  registered
with  the  Family   Support   Magistrate  Division
pursuant to [section  46b-198b] SECTIONS 34 TO 37,
INCLUSIVE, OF THIS  ACT,  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 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,  AS AMENDED BY SECTION 66 OF
THIS ACT. 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, AS AMENDED  BY  SECTION  66 OF THIS ACT.
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]   IN   interstate   support
enforcement under sections  [46b-180  to  46b-211,
inclusive, unless the petitioner is represented by
an attorney retained  by  the petitioner] 1 TO 50,
INCLUSIVE, OF THIS  ACT,  PROVIDE  NECESSARY LEGAL
SERVICES  ON BEHALF  OF  THE  SUPPORT  ENFORCEMENT
AGENCY IN PROVIDING SERVICES TO A PETITIONER;
    (3) Represent the  IV-D  agency  in  providing
support  enforcement  services  in  non-AFDC  IV-D
support cases pursuant  to  sections  17b-179  and
46b-215, AS AMENDED BY SECTION 65 OF THIS ACT.
    (u) The Department  of  Social Services may in
IV-D cases (1)  bring petitions for support orders
pursuant   to   section    46b-215,   (2)   obtain
acknowledgments    of   paternity,    (3)    bring
applications for show  cause  orders  pursuant  to
section 46b-172, AS  AMENDED BY SECTION 58 OF THIS
ACT, and (4)  file agreements for support with the
assistant clerk of  the  Family Support Magistrate
Division.
    Sec.  68.  Section   46b-235  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The provisions of  subsection  (a)  of section
4a-2, subsection (a)  of  section  4a-12, sections
17b-137, 17b-179, 17b-745,  AS  AMENDED BY SECTION
52 OF THIS  ACT,  46b-172,  [46b-193  to  46b-196,
inclusive,   46b-198b,   46b-199    to    46b-202,
inclusive,] 46b-207, 46b-208,  46b-215, AS AMENDED
BY SECTION 66  OF  THIS  ACT, 46b-218, 46b-231, AS
AMENDED  BY  SECTION  67  OF  THIS  ACT,  46b-234,
46b-235, AS AMENDED  BY  SECTION  68  OF THIS ACT,
subsection (a) of  section 51-348a, subsection (d)
of section 52-50,  sections  52-259a,  52-362,  AS
AMENDED BY SECTION  71  OF  THIS  ACT,  52-362c to
52-362f,  inclusive,  and   53-304  shall  not  be
construed  to  alter,  modify,  impair  or  change
existing  collective  bargaining  agreements,  any
bargaining  unit designation,  award,  settlement,
benefit,   existing   employment    practice    or
classification of any  employee  in  the  event of
transfer from one  division,  bureau, or agency or
department   to  another   division,   agency   or
department.
    Sec. 69. Subsection  (f)  of  section 52-57 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (f)  When the  other  methods  of  service  of
process provided under  this  section or otherwise
provided by law  cannot  be  effected,  in actions
concerning  the  establishment,   enforcement   or
modification of child  support  orders  other than
actions for dissolution  of  marriage,  including,
but not limited  to,  such  actions under sections
17b-19, 17b-63 to  17b-65,  inclusive,  17b-115 to
17b-138, inclusive, 17b-220 to 17b-250, inclusive,
17b-256,  17b-259, 17b-263,  17b-287,  17b-340  to
17b-350, inclusive, 17b-689 to 17b-693, inclusive,
and 17b-743 to  17b-747,  inclusive, SECTIONS 1 TO
50, INCLUSIVE, OF THIS ACT and chapters 815, 815o,
815t,  815y and  816,  and  actions  to  implement
garnishments  for support  under  section  52-362,
service of process may be made upon a party to the
action by one  of  the following methods, provided
proof of receipt  of such process by such party is
presented to the  court  in  accordance with rules
promulgated by the judges of the Superior Court:
    (1) By certified mail to a party to the action
addressed  to the  employer  of  such  party.  Any
service of process  so  sent  shall include on the
outside envelope the words "To be delivered to the
employee  in accordance  with  subsection  (f)  of
section 52-57". The employer shall accept any such
service of process  sent  by  certified  mail  and
promptly  deliver  such   certified  mail  to  the
employee; or
    (2) When a  party  to  an  action  under  this
subsection is employed by an employer with fifteen
or more employees,  by  personal  service  upon an
official of the employer designated as an agent to
accept service of process in actions brought under
this subsection. Every  employer  with  fifteen or
more employees doing  business in this state shall
designate an official to accept service of process
for employees who are parties to such actions. The
person  so  served  shall  promptly  deliver  such
process to the employee.
    Sec.  70.  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,
46b-86, 46b-171, 46b-160,  46b-172,  [46b-180,] AS
AMENDED BY SECTION  58  OF  THIS  ACT, 46b-215, AS
AMENDED BY SECTION 65 OF THIS ACT, and 46b-231, AS
AMENDED BY SECTION  67  OF THIS ACT, the court may
allow the state,  when it is the prevailing party,
a reasonable attorney's fee.
    (b) The provisions  of  subsection (a) of this
section shall not  be  deemed: (1) To create a new
cause of action  against any individual; or (2) to
confer  any new  jurisdiction  upon  the  Superior
Court in any action against any individual.
    Sec. 71. Subsection  (n)  of section 52-362 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (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] 35 TO 38, INCLUSIVE,
OF THIS ACT.  NOTICE  OF RIGHTS TO THE OBLIGOR AND
THE OBLIGOR'S RIGHT  TO  CONTEST  SUCH  ORDER  ARE
GOVERNED BY SECTIONS  39 TO 41, INCLUSIVE, OF THIS
ACT.
    Sec.  72.  Section   52-362f  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  As  used  in  this  section,  unless  the
context requires otherwise:
    (1) "Agency" means the Bureau of Child Support
Enforcement  within  the   Department   of  Social
Services  of this  state  and,  when  the  context
requires, means either  the court or agency of any
other jurisdiction with functions similar to those
defined in this  section,  including  the issuance
and enforcement of support orders.
    (2) "Child" means  any child, whether above or
below the age  of majority, with respect to whom a
support order exists.
    (3) "Court" means  the  Superior Court of this
state,  including the  Family  Support  Magistrate
Division, or the  court  or  agency  of  any other
jurisdiction  with  functions   similar  to  those
defined in this  section,  including  the issuance
and enforcement of support orders.
    (4)  "Income" means  earnings  as  defined  in
subdivision  (3)  of  subsection  (a)  of  section
52-362, AS AMENDED BY SECTION 71 OF THIS ACT.
    (5)  "Income  derived  in  this  jurisdiction"
means any earnings,  the payer of which is subject
to the jurisdiction  of this state for the purpose
of imposing and enforcing an order for withholding
under section 52-362,  AS AMENDED BY SECTION 71 OF
THIS ACT.
    (6)   "Jurisdiction"  means   any   state   or
political subdivision, territory  or possession of
the United States,  the  District of Columbia, and
the Commonwealth of Puerto Rico.
    (7) "Obligee" means any person or entity which
is entitled to  receive  support under an order of
support and shall  include  an  agency  of another
jurisdiction to which a person has assigned his or
her right to support.
    (8) "Obligor" means  any  person  required  to
make payments under  the  terms of a support order
for a child, spouse, or former spouse.
    (9) "Payer" means any payer of income.
    (10) "Support order"  means any order, decree,
or judgment for the support, or for the payment of
arrearages on such support, of a child, spouse, or
former spouse issued  by  a  court  or  agency  of
another  jurisdiction,  whether  interlocutory  or
final,   whether   or    not    prospectively   or
retroactively modifiable, whether  incidental to a
proceeding   for  divorce,   judicial   or   legal
separation,   separate   maintenance,   paternity,
guardianship, civil protection, or otherwise.
    (b)  The  remedies   herein  provided  are  in
addition to and  not in substitution for any other
remedies.
    (c) When a  support  order  has been issued in
this state and the obligor has earnings subject to
income withholding in  another  jurisdiction,  (1)
the agency shall  on  application of a resident of
this state, (2)  the  Support Enforcement Division
shall on behalf of any client for whom the Support
Enforcement Division is providing services, (3) an
obligee or obligor  of  a  support order issued by
this state may,  or  (4)  an  agency  to  whom the
obligee has assigned  support rights may, promptly
request  the agency  of  another  jurisdiction  in
which  the obligor  of  a  support  order  derives
income to enter  the  order  for  the  purpose  of
obtaining income withholding  against such income.
The agency or the Support Enforcement Division, as
the  case  may  be,  shall  compile  and  transmit
promptly to the  agency  of the other jurisdiction
all  documentation required  to  enter  a  support
order for this  purpose.  The  agency  or  Support
Enforcement   Division   also    shall    transmit
immediately   to   the   agency   of   the   other
jurisdiction a certified  copy  of  any subsequent
modifications of the  support order. If the agency
or Support Enforcement  Division  receives  notice
that the obligor  is contesting income withholding
in  another  jurisdiction,  it  shall  immediately
notify the individual  obligee  of  the date, time
and place of  the  hearings  and  of the obligee's
right to attend.
    (d) When a  support order is issued in another
jurisdiction and the obligor has income subject to
withholding in accordance  with  the provisions of
section 52-362, AS  AMENDED  BY SECTION 71 OF THIS
ACT,  the [agency]  SUPPORT  ENFORCEMENT  DIVISION
shall, upon receiving  a  support order of another
jurisdiction with the  documentation  specified in
this  subsection  from   an   agency   of  another
jurisdiction, or from  an  obligee, and obligor or
an attorney for  either  the  obligee  or obligor,
file such SUPPORT  ORDER  AND  documents [with the
clerk of the  Support  Enforcement Division of the
Superior  Court.  Such  clerk  shall  accept  such
documents   filed  and   such   acceptance   shall
constitute entry of  the  support order under this
section] IN THE REGISTRY MAINTAINED BY THE SUPPORT
ENFORCEMENT DIVISION. Documentation  required  for
the  entry  of   a   support   order  for  another
jurisdiction for the  purpose  of  withholding  of
income shall [be:  (1)  A  certified  copy  of the
support order with  all modifications thereof; (2)
a certified copy  of  the  income  withholding  or
garnishment order or notice still in effect; (3) a
copy of the  portion  of the income withholding or
garnishment  statute  of  the  jurisdiction  which
issued the order which states the requirements for
obtaining income withholding  or garnishment under
the  laws  of   that  jurisdiction;  (4)  a  sworn
statement of the  obligee or a certified statement
of the state  agency  of  the  arrearage  and  the
assignment  of  support  rights,  if  any;  (5)  a
statement of the name, address and social security
number of the  obligor,  if known; (6) a statement
of the name  and address of the obligor's employer
or any other  source  of  income  of  the  obligor
derived  in  this   state   against  which  income
withholding or garnishment is sought; (7) the name
and  address of  the  agency  or  person  to  whom
support payments collected  by  income withholding
or garnishment shall  be  transmitted] COMPLY WITH
THE REQUIREMENTS OF SECTION 37 OF THIS ACT. If the
documentation  received by  the  [agency]  SUPPORT
ENFORCEMENT DIVISION does  not  conform  to  [the]
THOSE  requirements,  [of   this  subsection,  the
agency]  THE SUPPORT  ENFORCEMENT  DIVISION  shall
remedy  any  defect   which  it  can  without  the
assistance of the  obligee or requesting agency or
person.  If  the   [agency]   SUPPORT  ENFORCEMENT
DIVISION is unable  to  make such corrections, the
requesting agency or  person  shall immediately be
notified   of   the    necessary    additions   or
corrections.  The  [agency]   SUPPORT  ENFORCEMENT
DIVISION shall accept  the  documentation required
by this subsection  so  long  as  the  substantive
requirements of this subsection are met.
    (e) A support order [entered] REGISTERED under
subsection   (d)  of   this   section   shall   be
enforceable by withholding  in the manner and with
the effect as set forth [in subsection (h) of this
section and section  52-362,  except  that  a] FOR
REGISTERED SUPPORT ORDERS  OF ANOTHER JURISDICTION
PURSUANT TO SECTION  52-362, AS AMENDED BY SECTION
71 OF THIS  ACT.  A  support  order  from  another
jurisdiction filed under this section shall not be
subject to modification by a court or other agency
of this state EXCEPT AS PROVIDED IN SECTIONS 43 TO
45, INCLUSIVE, OF  THIS  ACT.  Entry  of the order
shall not confer jurisdiction on any court of this
state for any  purpose  other  than withholding of
income.
    (f) Upon [entry]  REGISTRATION  of  a  support
order  from  another   jurisdiction   pursuant  to
subsection (d) of  this  section,  FAMILY  SUPPORT
MAGISTRATE  DIVISION OR  the  Support  Enforcement
Division of the  Superior Court [shall cause to be
served upon the  obligor  notice  of  the proposed
income withholding. Such notice shall be served in
accordance  with the  provisions  for  service  of
process set forth  in  subsection  (i)  of section
52-362. The notice  shall include a claim form and
be in clear  and  simple  language  informing  the
obligor that (1)  income withholding was requested
on the basis  of  a  support  order  from  another
jurisdiction, (2) an  order  for  withholding will
become effective against  his  earnings, which may
include unemployment compensation,  unless  within
fifteen days he  requests  a  hearing  before  the
court,  (3) at  such  hearing  he  may  raise  the
defenses  set forth  in  subsection  (g)  of  this
section. The claim  form shall contain a checklist
setting  forth the  defenses  set  forth  in  said
subsection (g) so  that  the obligor may check any
which apply to  him  and a space where the obligor
may briefly explain  his  defenses. If the obligor
seeks a hearing  to contest the proposed order for
withholding, the Support  Enforcement  Division of
the Superior Court  shall  immediately  notify the
requesting agency obligee  and  the  obligor or an
attorney for either of the date, time and place of
the hearing and  of  the obligee's right to attend
the hearing] ACTING ON ITS BEHALF SHALL PROCEED AS
PROVIDED IN SECTION 39 OF THIS ACT.
    [(g)  At any  hearing  contesting  a  proposed
order for withholding,  based  on  a support order
entered under subsection  (d) of this section, the
entered  order, accompanying  sworn  or  certified
statement,  and a  certified  copy  of  an  income
withholding order or  notice,  if  any,  still  in
effect shall constitute prima facie proof, without
further  proof or  foundation,  that  the  support
order is valid, that the amount of current support
payments and arrearages is as stated, and that the
obligee would be  entitled  to  income withholding
under the law of the jurisdiction which issued the
support order. Once  a  prima  facie case has been
established,  the  obligor   may  raise  only  the
following:  (1) That  withholding  is  not  proper
because of a  mistake  of  fact  that  is  not res
judicata concerning such  matters  as  an error in
the amount of  current  support  owed or arrearage
that  had  accrued,   mistaken   identity  of  the
obligor, or error  in  the  amount of income to be
withheld;  (2) that  the  court  or  agency  which
issued the support  order entered under subsection
(c) of section  52-362,  and  this  section lacked
personal jurisdiction over  the  obligor; (3) that
the support order  entered under subsection (c) of
section 52-362, and  this  section was obtained by
fraud. The burden  shall  be  on  the  obligor  to
establish these defenses.  If the obligor presents
evidence  which  constitutes  a  full  or  partial
defense, the court  shall,  on  the request of the
obligee,  continue  the  case  to  permit  further
evidence relative to  the defense to be adduced by
either party, provided if the obligor acknowledges
liability sufficient to  entitle  the  obligee  to
income  withholding, the  court  shall  require  a
withholding for the  payment  of  current  support
payments under the support order and of so much of
any  arrearage  as   is   not  in  dispute,  while
continuing the case  with respect to those matters
still in dispute.  The court shall determine those
matters still in  dispute as soon as possible, and
if appropriate shall  modify the withholding order
to conform to  that  resolution.  In  addition  to
other procedural devices available to a party, any
party to the  proceeding or a guardian ad litem or
other  representative  of  the  child  may  adduce
testimony of witnesses in another state, including
the  parties  and   any   of   the   children,  by
deposition, by written  discovery, by photographic
discovery such as  videotaped  depositions  or  by
personal appearance before  the court by telephone
or photographic means. The court on its own motion
may direct that the testimony of a person be taken
in another state  and  may prescribe the manner in
which and the terms upon which the testimony shall
be taken. A  court  of  this state may request the
appropriate court or  agency  of  another state to
hold a hearing  to  adduce  evidence,  to permit a
deposition to be taken before the court or agency,
to order a party to produce or give evidence under
other procedures of  that  state and to forward to
the court of  this  state  certified copies of the
evidence adduced in  compliance  with the request.
Upon the request  of a court of another state, the
court of this  state  which  is  competent to hear
support matters may  order  a person in this state
to appear at  a  hearing  or deposition before the
court to address  evidence  or  to produce or give
evidence under other  procedures available in this
state. A certified  copy  of the evidence adduced,
such  as  a   transcript  or  videotape  shall  be
forwarded by the  clerk of the Support Enforcement
Division of the  Superior  Court to the requesting
court or agency.  A  person  within this state may
voluntarily testify by  statement  or affidavit in
this state for  use  in  a  proceeding  to  obtain
income withholding outside this state.
    (h) If the  obligor does not request a hearing
in the time  provided, or if a hearing is held and
it  is determined  that  the  obligor  has  or  is
entitled to income  withholding  under  the law of
the jurisdiction which  issued  the support order,
the court shall  issue an order for withholding in
accordance with the  provisions  of subsection (f)
of  section 52-362.  If  the  obligor  requests  a
hearing, the Support  Enforcement  Division of the
court  shall  notify   the  requesting  agency  or
obligee and the  obligor,  or the attorney for the
obligee or the  obligor,  within  forty-five  days
from the date of the notice given under subsection
(f) of this section of its determination.
    (i) The provisions  of  subsections  (g), (h),
(j), (k) and (l) of section 52-362, shall apply to
income withholding based  on  a  support  order of
another jurisdiction entered under this section.]
    [(j)  The] (g)  AN  income  withholding  order
UNDER THIS SECTION  shall  direct  payment  to the
[bureau of collection  services.  The IV-D agency]
BUREAU  OF  CHILD   SUPPORT   ENFORCEMENT  OR  ITS
DESIGNATED COLLECTION AGENT.  THE  BUREAU  OR  ITS
DESIGNATED   AGENT   shall   promptly   distribute
payments   received   pursuant    to   an   income
withholding  order  or   garnishment  based  on  a
support  order  of  another  jurisdiction  entered
under  this  section   to  the  agency  or  person
designated [in subdivision  (7)  of subsection (d)
of this section]  PURSUANT  TO  SUBDIVISION (5) OF
SUBSECTION  (a) OF  SECTION  34  OF  THIS  ACT.  A
support order entered  pursuant  to subsection (d)
of  this section  does  not  nullify  and  is  not
nullified by a  support  order  made by a court of
this state pursuant  to  any  other section of the
general statutes or  a  support  order  made  by a
court of any other state. Amounts collected by any
withholding of income  shall  be  credited against
the amounts accruing  or  accrued  for  any period
under any support  orders  issued  either  by this
state or by another jurisdiction.
    [(k)]   (h)  The   agency   OR   THE   SUPPORT
ENFORCEMENT DIVISION upon  receiving  a  certified
copy of any amendment or modification to a support
order entered pursuant  to  subsection (d) of this
section, shall file  such  certified copy with the
clerk of the Support Enforcement Division, and the
division  shall amend  or  modify  the  order  for
withholding to conform  to  the  modified  support
order.
    [(l)]  (i)  If   the  agency  OR  THE  SUPPORT
ENFORCEMENT DIVISION determines  that  the obligor
has obtained employment  in another state or has a
new or additional  source  of  income  in  another
state, it shall  notify the agency which requested
the income withholding  of  the changes within ten
days  of  receiving  that  information  and  shall
forward to such  agency  all information it has or
can  obtain with  respect  to  the  obligor's  new
address and the  name and address of the obligor's
new employer or other source of income. The agency
OR THE SUPPORT  ENFORCEMENT DIVISION shall include
with the notice  a certified copy of the order for
withholding in effect in this state.
    [(m)] (j) Any  person  who is the obligor on a
support order of another jurisdiction may obtain a
voluntary income withholding  by  filing  with the
agency  a  request  for  such  withholding  and  a
certified copy of the support order issued by such
jurisdiction. The agency  shall  file such request
for a voluntary  withholding  with  the  certified
copy of the  support  order  from the jurisdiction
that entered such  order  with  the  clerk  of the
Support Enforcement Division of the Superior Court
and the division,  ACTING  ON BEHALF OF THE FAMILY
SUPPORT MAGISTRATE DIVISION,  shall issue an order
for withholding. Any  order  for  withholding thus
issued  shall  be   subject   to   all  applicable
provisions of this section.
    [(n) The law  of this state shall apply in all
actions and proceedings  concerning  the issuance,
enforcement  and duration  of  income  withholding
orders issued by  the  Superior  Court,  except as
provided in subsection (o) of this section.
    (o) The law of the jurisdiction which issued a
support order filed  with  the Support Enforcement
Division of the Superior Court in this state shall
govern the following:  (1)  The  interpretation of
the support order  entered under subsection (d) of
this section, including  amount,  form of payment,
and the duration  of  support;  (2)  the amount of
support  arrearages  necessary   to   require  the
issuance of an  income  withholding order; and (3)
the definition of  what  costs, in addition to the
periodic  support  obligation,   are  included  as
arrearages  which  are   enforceable   by   income
withholding,  including  but   not   limited   to,
interest, attorney's fees,  court costs, and costs
of paternity testing.]
    Sec. 73. (NEW) (a) An income withholding order
issued in another  state may be sent to the person
or entity defined  as the obligor's employer under
section 52-362 of  the  general  statutes  without
first filing a  petition or comparable pleading or
registering the order  in  the registry of support
orders of the family support magistrate division.
    (b)  Upon  receipt  of  an  income withholding
order  issued  in  another  state,  the  obligor's
employer shall immediately  provide to the obligor
(1) a copy  of  the  order  and  (2) a copy of the
notice and claim  form  provided by the Department
of Social Services  pursuant  to subsection (c) of
this section.
    (c) The Department  of  Social  Services shall
distribute  to  all  employers  in  this  state  a
standard notice and  claim  form, written in clear
and simple language, which shall include:
    (1) Notice that  money  will  be withheld from
the employee's wages  for child support and health
insurance;
    (2)  Notice  that   the   first   one  hundred
forty-five dollars per week of disposable earnings
are exempt from the income withholding order;
    (3)   Notice   that    the   amount   of   the
income withholding  order  may   not   exceed  the
maximum permitted by  federal  law  under  Section
1673  of Title  15  of  the  United  States  Code,
together with a  statement  of the obligor's right
to claim any  other  applicable  state  or federal
exemptions;
    (4) Notice of  the  right  to  object  to  the
validity or enforcement of such income withholding
order in a court in this state and of the right to
seek modification of  the underlying support order
in the court of continuing exclusive jurisdiction;
    (5) Notice of the right to seek the assistance
of the Child  Support  Enforcement  Bureau  of the
Department of Social  Services  and  the toll-free
telephone  number  at  which  the  bureau  can  be
contacted;
    (6) A claim  form  which  shall  include (A) a
list of the most common defenses and exemptions to
such income withholding order  in  a  manner which
allows the obligor  to  check  any of the defenses
and exemptions which  apply; (B) a space where the
obligor may briefly  explain his claim or defense;
(C) a space  where  the  obligor  may  initiate  a
request for services  to modify the support order;
(D) a space for the obligor to provide his address
and the name  of  the town in which he principally
conducts his work  for  the  employer; (E) a space
for the obligor  to sign his name; (F) the address
of the Bureau  of Child Support Enforcement of the
Department of Social  Services  to which the claim
form  is to  be  sent  in  order  to  contest  the
validity or enforcement  of the income withholding
order or to  initiate  a request for modification;
and (G) space  for  the employer to state the date
upon which the  form was actually delivered to the
obligor.
    (d)    The    employer    shall    treat    an
income withholding order issued  in  another state
which appears valid  if  it  had  been issued by a
tribunal of this state.
    (e)   Except   as    otherwise   provided   in
subsections  (f)  and   (g),  the  employer  shall
withhold and distribute  the  funds as directed in
the withholding order  by  complying with terms of
the order which  specify:  (1)  The  duration  and
amount  of  periodic  payments  of  current  child
support, stated as  a  sum certain; (2) the person
or agency designated  to  receive payments and the
address to which the payments are to be forwarded;
(3)  medical  support,  whether  in  the  form  of
periodic cash payment, stated as a sum certain, or
ordering the obligor  to  provide health insurance
coverage for the  child  under  a policy available
through the obligor's  employment,  subject to the
provisions of subsection  (e)  of section 38a-497a
of  the  general   statutes;  (4)  the  amount  of
periodic payments of  fees and costs for a support
enforcement agency, the  issuing  tribunal and the
obligee's attorney, stated  as  sums  certain; and
(5) the amount  of periodic payments of arrearages
and  interest  on   arrearages,   stated  as  sums
certain.
    (f) The employer  shall comply with the law of
this  state  for   withholding  from  income  with
respect  to:  (1)   The   prohibition  against  an
employer's     fee     for      processing      an
income withholding order; (2)  the  maximum amount
permitted  to  be   withheld  from  the  obligor's
income; and (3)  the  time period within which the
employer must implement  the withholding order and
forward the child support payment.
    (g)   If   an   employer   receives   multiple
income withholding  orders  with  respect  to  the
earnings  of  the   same   obligor,  the  employer
satisfies the terms  of the multiple orders if the
employer complies with  the  law  of this state to
establish  the  priorities   for  withholding  and
allocating  income  withheld  for  multiple  child
support obligees.
    (h)  An  employer   who   complies   with   an
income withholding order issued  in  another state
in accordance with  this  section  shall be immune
from civil liability with regard to the employer's
withholding of child  support  from  the obligor's
income.
    (i) An employer  who  wilfully fails to comply
with an income withholding order issued by another
state and received  for  enforcement is subject to
the  same  penalties   that  may  be  imposed  for
noncompliance with an  order  issued by a tribunal
of this state.
    (j) An obligor  may  contest  the  validity or
enforcement of an  income withholding order issued
in  another state  and  received  directly  by  an
employer in this  state  in  the same manner as if
the order had  been  issued  by a tribunal of this
state or by mailing to the Bureau of Child Support
Enforcement of the  Department  of Social Services
the claim form  delivered  to the obligor pursuant
to subsection (b)  of  this section, signed by the
obligor and containing  his  address and a copy of
the income withholding  order.  The  obligor shall
also deliver a  copy  of  such  claim  form to the
employer. If a  claim form contesting the validity
or enforcement of  an  income withholding order is
received by the  employer  within fourteen days of
the receipt by the obligor of the notice and claim
form, imposition of the withholding order shall be
stayed and the  employer  shall  not implement the
withholding order for  a period of thirty days. If
the employer receives  from  the  Bureau  of Child
Support Enforcement a  notice that it has received
the claim form,  the  employer shall not implement
the withholding order  until  the claim is decided
by a family support magistrate.
    (k) Upon receipt  of  a  claim form contesting
the    validity    or     enforcement     of    an
income withholding  order,  the  Bureau  of  Child
Support Enforcement shall within seven days notify
the employer of the receipt of the claim form. The
bureau shall also  give  notice of the contest and
of the fact  that  the  order  is stayed until the
claim is decided by a family support magistrate to
(1)  the  support   enforcement  agency  providing
services  to  the   obligee;   (2)  the  obligor's
employer; (3) the  person  or agency designated to
receive payments in  the income withholding order;
and (4) if  the  obligee's  address  is known, the
obligee. In addition, the bureau shall immediately
cause   the   income withholding   order   to   be
registered  in this  state  with  the  appropriate
clerk of the  family  support  magistrate division
and   shall   comply    with    the   registration
requirements of section 36 of this act. The bureau
shall also immediately  file  the  claim  form  on
behalf of the  obligor  with  the  Family  Support
Magistrate Division of  the  Superior  Court.  The
clerk shall promptly  enter  the appearance of the
obligor, schedule a  hearing,  and  give notice of
the hearing to  the  obligor,  the Bureau of Child
Support  Enforcement,  the  party  initiating  the
income withholding order, and,  if  the  obligee's
address is known,  the  obligee.  The  clerk shall
proceed  in  accordance  with  subsection  (d)  of
section 52-361 of the general statutes. The family
support  magistrate  shall   promptly   hear   and
determine the claim  and  enter  its determination
within forty-five days from the date of the filing
of the claim form. In addition to any notice given
by the clerk,  upon  entry  of the decision of the
family support magistrate on the claim, the bureau
shall give notice of the decision to the employer,
the party initiating the income withholding order,
the  obligor and,  if  the  obligee's  address  is
known, the obligee.
    (l) If the  claim  form  requests  services to
modify the support  order,  the  Bureau  of  Child
Support Enforcement shall  assist  the  obligor to
file   a  motion   for   modification   with   the
appropriate tribunal of  the  state  of continuing
exclusive jurisdiction in  accordance with the law
of that jurisdiction.  The  receipt of the request
for modification shall  constitute  a  request for
Title IV-D services,  but  the  bureau may require
the  making  of   a   formal   application.   Such
assistance shall include,  but  is not limited to,
providing the obligor  with  information about how
such a motion  is  filed,  contacting the state of
continuing exclusive jurisdiction on behalf of the
obligor   to   obtain   appropriate   forms,   and
transmitting such forms and applicable information
to the appropriate tribunal in such state.
    (m)  Venue for  contested  claims  under  this
section shall be  the  Family  Support  Magistrate
Division of the  superior  court  in  the judicial
district in which  the  obligor  resides, provided
(1) if the  obligor does not reside in this state,
venue shall be  in  the judicial district in which
the obligor principally  conducts his work for the
employer who is  subject to the income withholding
order, and  (2)  if  there  is  an existing action
concerning support of  the  child  or children who
are the subject  of  the income withholding order,
the claim shall be filed in that action.
    Sec.   74.  Sections   46b-180   to   46b-186,
inclusive, 46b-188 to  46b-206, inclusive, 46b-209
and 46b-210 of the general statutes are repealed.
    Sec. 75. This act shall take effect January 1,
1998.

Approved June 30, 1997