*Cited. 199 C. 287.
Remarriage and election to stay unemployed to keep house, an arrangement with new wife, deemed to constitute a substantial change from situation existing at time of dissolution decree. 36 CS 601. Cited. 42 CS 562; 44 CS 169.
Sec. 46b-187. (Formerly Sec. 17-334). Payment of petitioner's representatives.
Sec. 46b-207. (Formerly Sec. 17-354). Support services.
Sec. 46b-208. (Formerly Sec. 17-354a). Powers of support service investigators.
Sec. 46b-214. Reserved
Sec. 46b-215c. Guidelines to be approved by legislative regulation review committee.
Sec. 46b-215d. Certain earnings not considered income for purposes of guidelines.
Sec. 46b-216. (Formerly Sec. 17-321). Support of surviving husband or wife by heirs.
Sec. 46b-217. (Formerly Sec. 17-322). Relief from support.
Sec. 46b-219. (Formerly Sec. 17-326). No liability for support of deserting parent.
Sec. 46b-220. Suspension of license of delinquent child support obligor. Conditions. Reinstatement.
Secs. 46b-226 to 46b-230. Reserved
Sec. 46b-232. Alteration or setting aside of support order by family support magistrate, when.
Sec. 46b-233. Longevity payments.
Sec. 46b-234. Report by the Attorney General to IV-D agency re performance standards.
Sec. 46b-236. Family support referees.
Secs. 46b-237 to 46b-300. Reserved
Secs. 46b-180 to 46b-186. (Formerly Secs. 17-327 to 17-333). Definitions. Remedies additional to existing remedies. Extent of duties of support. Remedies of a state or political subdivision thereof furnishing support. Choice of law. How duties of support are enforced. Attorney General to represent petitioner in support proceedings. Sections 46b-180 to 46b-186, inclusive, are repealed, effective January 1, 1998.
(1949, 1395b; 1951, S. 1395b, 1400b; 1953, S. 3237d–3242d; 3244d; 1961, P.A. 475, S. 1, 2; 1969, P.A. 655, S. 1; P.A. 73-51; P.A. 76-17, S. 1; 76-436, S. 369, 371, 372, 681; P.A. 77-452, S. 22, 71, 72; P.A. 80-180, S. 1; P.A. 81-472, S. 85, 159; P.A. 86-359, S. 3–5, 44; P.A. 87-316, S. 4; June 18 Sp. Sess. P.A. 97-1, S. 74, 75.)
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Sec. 46b-187. (Formerly Sec. 17-334). Payment of petitioner's representatives. Section 46b-187 is repealed.
(1951, S. 1401b; 1953, S. 3245d; P.A. 76-436, S. 373, 681; P.A. 86-359, S. 43, 44.)
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Secs. 46b-188 to 46b-206. (Formerly Secs. 17-335 to 17-353 et al). Contents of petition for support. Petition for a minor. Duty of Family Support Magistrate Division acting for state as initiating state. Costs and fees. Jurisdiction by arrest. State information agency. Duty of Support Enforcement Division of this state as responding state. Further duty of responding state if unable to obtain jurisdiction. Investigation; payment of support orders. Procedure. Order of support. “Support order” defined. Registration of support orders from other states. Enforcement and modification of registered support orders. Responding state to transmit copies to initiating state. Additional powers of Family Support Magistrate Division. Additional duties of Support Enforcement Division of this state when acting as a responding state. Additional duty of the court of this state when acting as an initiating state. Husband and wife privilege inapplicable. Application of payments. Temporary order. Appeal. Sections 46b-188 to 46b-206, inclusive, are repealed, effective January 1, 1998.
(1949, S. 1399b(a),(f)–(i),(k),(n),(p), 1404b, 1405b; 1953, S. 3243d, 3243d, 3246d–3263d; 1957, P.A. 631; 1961, P.A. 475, S. 3, 4; 1967, P.A. 314, S. 13; 1969, P.A. 297; P.A. 73-373, S. 35; P.A. 76-436, S. 370, 681; P.A. 77-614, S. 486, 587, 614; P.A. 78-280, S. 26, 127; P.A. 78-303, S. 85, 136; P.A. 80-180, S. 2–4; P.A. 83-527, S. 3–8; P.A. 86-359, S. 6–23, 44; P.A. 87-316, S. 5; P.A. 90-188, S. 4; 90-213, S. 21–29; P.A. 91-76, S. 4, 7; P.A. 93-396, S. 3, 4; June 18 Sp. Sess. P.A. 97-1, S. 74, 75.)
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Sec. 46b-207. (Formerly Sec. 17-354). Support services. The court is authorized to establish and maintain Support Enforcement Services and such offices thereof as it determines are necessary for the proper handling of the administrative details incident to proceedings under sections 46b-301 to 46b-425, inclusive, and may appoint such personnel as necessary for the proper administration of the nonjudicial functions of proceedings under sections 46b-301 to 46b-425, inclusive.
(1953, S. 3264d; P.A. 80-180, S. 5; P.A. 90-213, S. 30, 56; June 18 Sp. Sess. P.A. 97-1, S. 63, 75; P.A. 01-91, S. 6; P.A. 11-214, S. 15; P.A. 15-71, S. 86.)
History: Sec. 17-354 transferred to Sec. 46b-207 in 1979; P.A. 80-180 replaced “bureaus” with “family division offices” and authorized court to appoint personnel necessary for administration of nonjudicial functions; P.A. 90-213 changed the name of the family division to the support enforcement division; June 18 Sp. Sess. P.A. 97-1 made technical changes, effective January 1, 1998; P.A. 01-91 changed “a Support Enforcement Division” to “Support Enforcement Services” and made a conforming change; P.A. 11-214 substituted references to Sec. 46b-213w for references to Sec. 46b-213v; P.A. 15-71 replaced references to Secs. 46b-212 to 46b-213w with references to Secs. 46b-301 to 46b-425, effective July 1, 2015.
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Sec. 46b-208. (Formerly Sec. 17-354a). Powers of support service investigators. The support service investigators of Support Enforcement Services of the Superior Court shall, while acting within the scope of their duties as such, pursuant to matters under sections 46b-301 to 46b-425, inclusive, have the powers of service and of execution of summons and orders for withholding, and the conduct of investigations.
(1972, P.A. 188, S. 4; P.A. 76-17, S. 2; 76-436, S. 587, 681; P.A. 80-180, S. 6; P.A. 86-359, S. 24, 44; P.A. 89-302, S. 4, 7; P.A. 90-213, S. 31, 56; June 18 Sp. Sess. P.A. 97-1, S. 64, 75; P.A. 01-91, S. 7; P.A. 11-214, S. 16; P.A. 15-71, S. 87.)
History: P.A. 76-17 rephrased provisions and authorized investigators to serve and execute capias; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 17-354a transferred to Sec. 46b-208 in 1979; P.A. 80-180 deleted reference to coroners and word “chief” in “office of the chief medical examiner”; P.A. 86-359 deleted former powers of support service investigators, leaving the powers of service and execution of summons and garnishments and conduct of investigations; P.A. 89-302 amended section by changing “garnishments” to “orders for withholding”; P.A. 90-213 changed the name of the family division to the support enforcement division; June 18 Sp. Sess. P.A. 97-1 made a technical change, effective January 1, 1998; P.A. 01-91 changed “the Support Enforcement Division” to “Support Enforcement Services”; P.A. 11-214 substituted reference to Sec. 46b-213w for reference to Sec. 46b-213v; P.A. 15-71 replaced references to Secs. 46b-212 to 46b-213w with references to Secs. 46b-301 to 46b-425, effective July 1, 2015.
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Secs. 46b-209 and 46b-210. (Formerly Secs. 17-355 and 17-355a). Uniformity of interpretation. Proceedings not stayed by other pending actions. Sections 46b-209 and 46b-210 are repealed, effective January 1, 1998.
(1949, S. 1403b; 1953, S. 3265d; 1961, P.A. 475, S. 5; June 18 Sp. Sess. P.A. 97-1, S. 74, 75.)
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Sec. 46b-211. (Formerly Sec. 17-355b). Participation in proceedings not to confer jurisdiction for other proceedings. Participation in any proceedings under this part shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding.
(1961, P.A. 475, S. 6.)
History: Sec. 17-355b transferred to Sec. 46b-211 in 1979.
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Secs. 46b-212 to 46b-213w. Short title: Uniform Interstate Family Support Act. Definitions. Tribunals of state. Remedies cumulative. Jurisdiction over nonresident. Procedure when exercising jurisdiction over nonresident. Family Support Magistrate Division as initiating and responding tribunal. Simultaneous proceedings in another state. Continuing, exclusive jurisdiction of Family Support Magistrate Division or Superior Court, when. Enforcement of support order by Family Support Magistrate Division. Recognition of controlling child support orders. Child support orders for two or more obligees. Credit for support payments. Applicable law; initiating a proceeding. Action by minor parent. Applicability of state law. Duties of the initiating tribunal; duties of the family support magistrate. Duties and powers of responding tribunal; duties of family support magistrate. Inappropriate tribunal. Duties of support enforcement agency. Legal services by Attorney General; private counsel. Duty of Commissioner of Social Services. Duties of state information agency. Pleadings and accompanying documents. Nondisclosure of information in exceptional circumstances. Costs and fees. Limited immunity of petitioner. Nonpaternity as defense. Special rules of evidence and procedure. Communication between tribunals. Assistance with discovery. Receipt, disbursement and redirection of support payments. Issuance of support order. Administrative enforcement of orders. Registration of order for enforcement. Procedure to register order for enforcement. Effect of registration for enforcement. Choice of law. Notice of registration of order. Procedure to contest validity or enforcement of registered order. Contest of registration or enforcement. Confirmation of registered order. Procedure re registration of child support order of another state for modification. Effect of registration for modification. Modification of child support order of another state. Enforcement and recognition of order modified in another state. Proceeding to determine paternity. Surrender and extradition of individual criminally charged with failure to provide support. Conditions of rendition. Uniformity in application and construction of the Uniform Interstate Family Support Act. Duties of employer re income withholding order issued in another state; notice and claim form distributed by Department of Social Services; contents of form; multiple income withholding orders; penalty for noncompliance; contest by obligor. Sections 46b-212 to 46b-213w, inclusive, are repealed, effective July 1, 2015.
(June 18 Sp. Sess. P.A. 97-1, S. 1–50, 73, 75; P.A. 99-193, S. 8, 9, 16; P.A. 00-196, S. 28, 29; P.A. 01-91, S. 8–16; P.A. 01-207, S. 8, 12; P.A. 03-19, S. 109; P.A. 07-247, S. 14–56; P.A. 09-8, S. 12–15; P.A. 11-214, S. 17; 11-219, S. 13; P.A. 15-71, S. 94.)
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Sec. 46b-214. Reserved for future use.
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*See Sec. 17b-745 re court orders for support of persons supported by state and re wage executions.
See Sec. 17b-746 re appeals from support orders.
Secs. 46b-215 to 46b-219 cited. 178 C. 675.
Cited. 42 CS 562.
Sec. 46b-215. (Formerly Sec. 17-320). Relatives obliged to furnish support. Attorney General and attorney for town as parties. Orders. (a)(1) The Superior Court or a family support magistrate may make and enforce orders for payment of support against any person who neglects or refuses to furnish necessary support to such person's spouse or a child under the age of eighteen or as otherwise provided in this subsection, according to such person's ability to furnish such support, notwithstanding the provisions of section 46b-37. If such child is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first.
(2) Any such support order in a IV-D support case shall include a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision.
(A) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost, as defined in subparagraph (D) of this subdivision. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.
(B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as defined in subparagraph (D) of this subdivision. An order under clause (i) of this subparagraph shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.
(C) An order for payment of the child's medical and dental expenses, other than those described in clause (ii) of subparagraph (E) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.
(D) Health care coverage shall be deemed reasonable in cost if: (i) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a. If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.
(E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified (I) specifically on the record, or (II) in an affidavit, made under oath, that also states that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court. Cash medical support, as described in clauses (i) and (ii) of this subparagraph, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under clause (i) of this subparagraph shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to clause (ii) of this subparagraph are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.
(F) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.
(3) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition, with summons and order, of the husband or wife, child or any relative or the conservator, guardian or support enforcement officer, town or state, or any selectmen or the public official charged with the administration of public assistance of the town, or in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, the Commissioner of Social Services. The verified petition, summons and order shall be filed in the judicial district in which the petitioner or respondent resides or does business, or if filed in the Family Support Magistrate Division, in the judicial district in which the petitioner or respondent resides or does business.
(4) For purposes of this section, the term “child” shall include one born to parents married to each other whose alleged genetic parent has acknowledged in writing parentage of such child or has been adjudged the parent by a court of competent jurisdiction, or a child who was born before marriage whose parents afterwards intermarry.
(5) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any person, or payee of Social Security or other benefits to which such person is entitled, to the extent of the income or estate held by such fiduciary or payee in any such capacity.
(6) Said court or family support magistrate shall also have authority to determine, order and enforce payment of any sums due under a written agreement to support against the person liable for such support under such agreement.
(7) (A) The court or family support magistrate may also determine, order and enforce payment of any support due because of neglect or refusal to furnish support for periods prior to the action. In the case of a child born out of wedlock whose parents have not intermarried, a parent's liability for such support shall be limited to the three years next preceding the filing of a petition or written agreement to support pursuant to this section.
(B) In the determination of support due based on neglect or refusal to furnish support prior to the action, the support due for periods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods, as determined in accordance with the child support guidelines established pursuant to section 46b-215a. The state shall disclose to the court any information in its possession concerning current and past ability to pay. If no information is available to the court concerning past ability to pay, the court may determine the support due for periods of time prior to the action as if past ability to pay is equal to current ability to pay, if current ability is known. If current ability to pay is not known, the court shall determine the past ability to pay based on the obligor's work history, if known, or if not known, on the state minimum wage that was in effect during such periods, provided only actual earnings shall be used to determine ability to pay for past periods during which the obligor was a full-time high school student or was incarcerated, institutionalized or incapacitated.
(C) Any finding of support due for periods of time prior to an action in which the obligor failed to appear shall be entered subject to adjustment. Such adjustment may be made upon motion of any party, and the state in IV-D cases shall make such motion if it obtains information that would have substantially affected the court's determination of past ability to pay if such information had been available to the court. Motion for adjustment under this subparagraph may be made not later than twelve months from the date upon which the obligor receives notification of (i) the amount of such finding of support due for periods of time prior to the action, and (ii) the right not later than twelve months from the date of receipt of such notification to present evidence as to such obligor's past ability to pay support for such periods of time prior to the action. A copy of any support order entered, subject to adjustment, shall state in plain language the basis for the court's determination of past support, the right to request an adjustment and to present information concerning the obligor's past ability to pay, and the consequences of a failure to request such adjustment.
(8) (A) The judge or family support magistrate shall cause a summons, signed by such judge or magistrate, by the clerk of said court or Family Support Magistrate Division, or by a commissioner of the Superior Court to be issued requiring such liable person or persons to appear in court or before a family support magistrate, at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons. Service may be made by a state marshal, any proper officer or any investigator employed by the Department of Social Services or by the Commissioner of Administrative Services. The state marshal, proper officer or investigator shall make due return of process to the court not less than twenty-one days before the date assigned for hearing. Upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for hearing upon such petition, the failure of the defendant or defendants to appear shall not prohibit the court or family support magistrate from going forward with the hearing. If the summons and order is signed by a commissioner of the Superior Court, upon proof of service of the summons to appear in court or before a family support magistrate and upon the failure of the defendant to appear at the time and place named for hearing upon the petition, request may be made by the petitioner to the court or family support magistrate for an order that a capias mittimus be issued.
(B) In the case of a person supported wholly or in part by a town, the welfare authority of the town shall notify the responsible relatives of such person of the amount of assistance given, the beginning date thereof and the amount of support expected from each of them, if any, and if any such relative does not contribute in such expected amount, the superior court for the judicial district in which such town is located or a family support magistrate sitting in the judicial district in which such town is located may order such relative or relatives to contribute to such support, from the time of the beginning date of expense shown on the notice, such sum as said court or family support magistrate deems reasonably within each such relative's ability to support such person.
(C) The court, or any judge thereof, or family support magistrate when said court or family support magistrate is not sitting, may require the defendant or defendants to become bound, with sufficient surety, to the state, town or person bringing the complaint, to abide such judgment as may be rendered on such complaint. Failure of the defendant or defendants to obey any order made under this section may be punished as contempt of court and the costs of commitment of any person imprisoned for contempt shall be paid by the state as in criminal cases. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant or defendants to obey such court order or order of the family support magistrate, the court or family support magistrate may order a capias mittimus be issued and directed to a judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest such defendant or defendants and bring such defendant or defendants before the Superior Court for the contempt hearing. When any person is found in contempt under this section, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
(9) In addition to or in lieu of such contempt proceedings, the court or family support magistrate, upon a finding that any person has failed to obey any order made under this section, may: (A) Order a plan for payment of any past-due support owing under such order, or, in IV-D cases, if such obligor is not incapacitated, order such obligor to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t; (B) suspend any professional, occupational, recreational, commercial driver's or motor vehicle operator's license as provided in subsections (b) to (e), inclusive, of section 46b-220, provided such failure was without good cause; (C) issue an income withholding order against such amount of any debt accruing by reason of personal services as provided by sections 52-362, 52-362b and 52-362c; and (D) order executions against any real, personal, or other property of such person which cannot be categorized solely as either, for payment of accrued and unpaid amounts due under such order.
(10) No entry fee, judgment fee or any other court fee shall be charged by the court or the family support magistrate to either party in proceedings under this section.
(11) Any written agreement to support which is filed with the court or the Family Support Magistrate Division shall have the effect of an order of the court or a family support magistrate.
(b) The Attorney General of the state of Connecticut and the attorney representing a town shall become a party for the interest of the state of Connecticut and such town in any proceedings for support which concerns any person who is receiving or has received public assistance or care from the state or any town. The Attorney General shall represent the IV-D agency in non-TFA IV-D support cases if the IV-D agency determines that such representation is required pursuant to guidelines issued by the Commissioner of Social Services.
(c) The court or a family support magistrate shall direct all payments on orders of support in IV-D cases to be made to the state acting by and through the IV-D agency. In IV-D support cases, the IV-D agency or a support enforcement agency under cooperative agreement with the IV-D agency may, upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. Any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice. All payments made shall be distributed as required by Title IV-D of the Social Security Act.
(d) No order for support made by the court or a family support magistrate shall be stayed by an appeal but such order shall continue in effect until a determination is made thereon upon such appeal; if however as a result of such appeal or further hearing, the amount of such order is reduced or vacated, such defendant shall be credited or reimbursed accordingly.
(e) Except as provided in sections 46b-301 to 46b-425, inclusive, any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. Except as provided in sections 46b-301 to 46b-425, inclusive, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification upon a showing of a substantial change in the circumstances of either party or upon a showing that such support order substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record at a hearing, or in a written judgment, order or memorandum of decision of the court, that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. No such support orders may be subject to retroactive modification, except that the court or family support magistrate may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of the notice of such pending motion upon the opposing party pursuant to section 52-50. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with sections 46b-384 to 46b-387, inclusive.
(f) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, a copy of any support order established or modified pursuant to this section or, in the case of a motion for modification of an existing support order, a notice of determination that there should be no change in the amount of the support order, shall be provided to each party and the state case registry within fourteen days after issuance of such order or determination.
(1949 Rev., S. 2610; 1951, 1955, S. 1444d; September, 1957, P.A. 11, S. 20; 1959, P.A. 34; 1961, P.A. 307; 1967, P.A. 746, S. 4; 1972, P.A. 127, S. 29; P.A. 74-183, S. 216, 291; P.A. 75-103; P.A. 76-334, S. 10, 12; 76-436, S. 185, 681; P.A. 77-452, S. 9, 72; 77-594, S. 3, 7; 77-614, S. 70, 608, 610; P.A. 83-295, S. 14; P.A. 84-159, S. 4; P.A. 86-359, S. 33, 44; P.A. 87-316, S. 10; 87-589, S. 31, 87; P.A. 89-195, S. 3; P.A. 90-188, S. 5; 90-213, S. 32, 56; P.A. 91-76, S. 5, 7; 91-391, S. 6; P.A. 93-187, S. 4; 93-262, S. 72, 87; 93-396, S. 18; P.A. 95-310, S. 2, 9; June 18 Sp. Sess. P.A. 97-1, S. 65, 75; June 18 Sp. Sess. P.A. 97-2, S. 107, 165; June 18 Sp. Sess. P.A. 97-7, S. 25, 38; P.A. 99-279, S. 31, 45; P.A. 00-99, S. 95, 154; May 9 Sp. Sess. P.A. 02-7, S. 44; P.A. 03-258, S. 3; P.A. 04-100, S. 4; P.A. 06-149, S. 15–17; P.A. 07-217, S. 173; 07-247, S. 57, 58; P.A. 11-214, S. 18, 19; 11-219, S. 6, 14; P.A. 15-71, S. 88; P.A. 21-15, S. 134; 21-104, S. 35.)
History: 1959 act provided support by relatives be joint and several, deleted provision for bringing complaint to court of common pleas, substituting proceedings by petition, added order for payment may be altered or set aside and provision for contempt; 1961 act substituted circuit for common pleas court, added last section re its jurisdictional limits, added summons and order to petition needed for proceedings and authorized welfare authority of supporting towns to undertake proceedings for support; 1967 act limited relatives responsible to parents of children under 21 and children of parents under 65; 1972 act referred to persons under 18 rather than under 21, reflecting changed age of majority; P.A. 74-183 replaced circuit court with court of common pleas and references to circuits and districts with references to geographical areas, effective December 31, 1974; P.A. 75-103 authorized selectmen or public officials charged with administration of public assistance to make petition; P.A. 76-334 rephrased provision re court's power to make and enforce orders for support, authorized child, guardian or family relations officer to make petition, added provisions defining “child” and expanding court's powers re orders to conservator, guardian, payees of benefits and re enforcement of payments, authorized service of process by officers or investigators of social services department or finance and control commissioner, authorized court to make orders of execution against property, etc., added provisions re fees and re written agreements to support as court order and added Subsecs. (b) to (d); P.A. 76-436 replaced court of common pleas with superior court and deleted provision re inapplicability of limits of common pleas court, effective July 1, 1978; P.A. 77-452 made technical correction; P.A. 77-594 added provisions stating that upon proof of service of summons defendant's failure to appear does not prevent court from going forward with hearing and that such proof allows court to order issuance of capias mittimus, arrest of defendants and contempt hearing; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services and, effective January 1, 1979, replaced department of social services with department of income maintenance; Sec. 17-320 transferred to Sec. 46b-215 in 1979 and reference to Sec. 46-10 revised to reflect its transfer; P.A. 83-295 amended Subsec. (a) by replacing “family relations officer” with “family relations caseworker or support enforcement officer” and amended Subsec. (c) by replacing “family relations office” with “family services unit or support enforcement services unit”; P.A. 84-159 amended Subsec. (a) by removing the authority of the court to make and enforce orders against children for the payment of support for their parents who are under 65 years of age; P.A. 86-359 added references to family support magistrate and family support magistrate division, changed “judges of the superior court” to “chief court administrator” with respect to approval of form in Subsec. (a), changed “geographical area” to “judicial district” and amended Subsec. (b) by adding provision that Attorney General shall represent IV-D agency in non-AFDC cases if IV-D agency determines representation is required under guidelines issued by commissioner of human resources and custodial parent does not exceed income limits; P.A. 87-316 added “department of human resources or” in Subsec. (a) and revised section, adding Subsec. (e) re enforcement and modification of support orders; P.A. 87-589 made technical changes in Subsec. (e); P.A. 89-195 amended Subsec. (b) by deleting the limitation on income and assets of custodial parent; P.A. 90-188 amended Subsec. (e) by adding provision permitting modification of child support orders upon showing of substantial change of circumstances or substantial deviation from child support guidelines established under P.A. 89-203 unless inequitable or inappropriate, and prohibiting retroactive modification of order of periodic payment or permanent alimony or support, except during period of pending motion for modification; P.A. 90-213 deleted provision in Subsec. (a) relating to the family relations worker and added provision concerning the commissioner of human resources and in Subsec. (c) changed the name of the family division to the support enforcement division; P.A. 91-76 amended Subsec. (e) by adding provision re rebuttable presumption that deviation of less than 15% from child support guidelines is not substantial and any deviation of more than 15% is substantial and permitting modification of support order without regard to whether order issued before on or after May 9, 1991; P.A. 91-391 amended Subsec. (a) by adding provision that determination of support due shall be based upon obligor's ability to pay during such prior periods, requiring state to disclose to court information re current and past ability to pay, and if no information is available on orders entered on or after October 1, 1991, such order shall be subject to adjustment when information becomes available to court upon motion of any party within 4 months of notification of amount of such order and right to present evidence of past ability to pay; P.A. 93-187 made technical changes to Subsec. (a) re commencement of proceedings, summons and order, service of process and wage withholding orders; P.A. 93-262 replaced references to commissioners and departments of human resources and income maintenance with commissioner and department of social services, effective July 1, 1993; P.A. 93-396 made a technical change in Subsec. (a); P.A. 95-310 amended Subsec. (a) to authorize suspension of occupational or motor vehicle operators license for failure to obey support order without good cause, effective January 1, 1996; June 18 Sp. Sess. P.A. 97-1 made technical change to Subsec. (e) by replacing reference to Sec. 46b-197 with reference to Secs. 46b-213o to 46b-213q, inclusive, effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 replaced references to “AFDC” with references to “TANF” in Subsecs. (a) and (b), effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) to require support order in IV-D support case to include provision for health care coverage of child and to add provision re order of plan for payment of past-due support and, in IV-D cases, reorder to obligor to participate in work activities, amended Subsec. (c) to require court or magistrate to direct all payments on orders of support in IV-D cases to be made to the state acting by and through the IV-D agency and added Subsec. (f) re copy of support order to parties and state case registry, effective July 1, 1997; P.A. 99-279 amended Subsec. (a) by dividing it into eleven Subdivs. and Subparas. as necessary, making technical changes and adding in Subdiv. (2) provisions re health care coverage under HUSKY Plan where coverage is unavailable at reasonable cost through a parent, effective July 1, 1999; P.A. 00-99 replaced references in Subsec. (a)(8) to sheriff with state marshal, effective December 1, 2000; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a)(2) by adding provision re enforcement of employment-based order using a National Medical Support Notice; P.A. 03-258 amended Subsec. (a)(7)(B) by providing that child support due for periods prior to commencement of an action shall be “determined in accordance with the child support and arrearage guidelines established under Sec. 46b-215a”, deleting provision re child support determination being based on assistance rendered to the child, providing that where current ability to pay support is not known, court shall determine past ability to pay support based on obligor's work history, or if not known, on state's minimum wage in effect during periods and that only actual earnings may be used to determine support for past periods during which obligor was a full-time high school student, incarcerated, institutionalized or incapacitated, and making technical changes, and amended Subsec. (a)(7)(C) by providing that support findings made for periods of time prior to an action where obligor failed to appear are subject to adjustment, providing that in IV-D cases, state shall make motion for adjustment if it obtains information that would have substantially affected court's determination of past ability to pay, changing time parameters for making motion for adjustment from within four to not later than 12 months from date of receipt of notification, providing that support orders subject to adjustment shall state in plain language the court's basis for making determination of past support, the right to request an adjustment and present information re past ability to pay, and consequences of failure to request adjustment, and making technical changes; P.A. 04-100 amended Subsec. (a)(1) and (2) by adding provision re continuation of support for unmarried, full-time high school student residing with custodial parent and making conforming changes; P.A. 06-149 amended Subsec. (a)(1) to make technical changes and delete “and residing with the custodial parent”, amended Subsec. (a)(2) to substitute exemption from required insurance payments for low-income obligors for prior exemption if payments would reduce amount of support required under child support guidelines, amended Subsec. (a)(7) to make technical changes and provide in Subpara. (A) that in the case of a child born out of wedlock whose parents have not intermarried, the father's liability shall be limited to 3 years next preceding the filing of petition, and amended Subsec. (c) to add provisions re redirection of payments and notice thereof and requiring payments to be distributed as required by Title IV-D of the Social Security Act, effective June 6, 2006; P.A. 07-217 made a technical change in Subsec. (a)(7)(C), effective July 12, 2007; P.A. 07-247 substantially revised Subsec. (a)(2) by inserting Subpara. designators (A) to (F), specifying that court or family support magistrate may order either or both parents to provide health care coverage for child, specifying that either parent may be ordered to name child as beneficiary of any medical or dental insurance plan carried by or available to such parent at a reasonable cost, describing reasonable cost re maintaining health care coverage, deleting language that required applying for coverage under HUSKY Plan, Part B only if noncustodial parent had sufficient ability to pay appropriate premium, providing that court or family support magistrate may order either parent to provide for coverage under HUSKY Plan, Part B, or alternatively enter order for cash medical support as long as any such order was reasonable, defining “cash medical support” and requirements related to entry of cash medical support order and making technical changes, and amended Subsec. (a)(3) by deleting “in a form prescribed by the Office of the Chief Court Administrator”, replacing “TANF” with “IV-D”, and replacing reference to Subdiv. (14) with reference to Subdiv. (13) of Sec. 46b-231(b); P.A. 11-214 amended Subsec. (b) to substitute “non-TFA” for “non-TANF” and make technical changes, and amended Subsec. (e) to add “Except as provided in sections 46b-212 to 46b-213w”, substitute reference to Sec. 46b-213r for reference to Sec. 46b-213q and make technical changes; P.A. 11-219 amended Subsec. (a)(7)(A) to add “for periods” re prior to action, substitute “a parent's” for “the father's” re liability for support and add provision re support limitation for 3 years next preceding filing of written agreement to support, and amended Subsec. (a)(8)(C) to permit capias mittimus to be directed to a judicial marshal to extent authorized in Sec. 46b-225 and make technical changes; P.A. 15-71 amended Subsec. (e) by replacing references to Secs. 46b-212 to 46b-213w with references to Secs. 46b-301 to 46b-425 and replacing references to Secs. 46b-213o to 46b-213r with references to Secs. 46b-384 to 46b-387, effective July 1, 2015; P.A. 21-15 amended Subsec. (a)(4) by replacing “born out of wedlock whose father” with “born to parents not married to each other whose alleged genetic parent”, “paternity” with “parentage” and “father” with “parent”, effective January 1, 2022; P.A. 21-104 added Subsec. (a)(2)(E)(ii)(II) re affidavits and made a conforming change, and amended Subsec. (e) to add provision re finding on the record “at a hearing, or in a written judgment, order or memorandum of decision of the court”, effective June 28, 2021.
See Sec. 46b-88 re National Medical Support Notice.
See Sec. 46b-219 re child's freedom from responsibility to support a deserting parent.
See Sec. 51-348a re prosecution for nonsupport.
See Sec. 52-56(d) re execution or service of capias mittimus in any precinct by state marshal of any precinct.
See Sec. 53-304 re procedures when support not provided and penalties for failure to provide support.
Annotations to former section 17-320:
Relatives by affinity not liable. K. 155; 1 R. 250; 3 C. 553. Relatives not liable for past expenses. 3 C. 553; 7 C. 57; 32 C. 142. Action at common law does not lie against relatives. 1 R. 60; 3 C. 507. Not responsible to a town in which the pauper has no settlement. 3 C. 553. If supplies are furnished parent at request of children, they are liable in assumpsit. 32 C. 142. Not necessary for town to exhaust the remedies provided by this statute before taking a parent or pauper into custody under Sec. 17-276. 35 C. 538. A wife whose husband neglects to support her may bring an action against him for contribution towards her maintenance. 72 C. 157. Nature of remedy; costs. 73 C. 607. “Neglect to provide” is condition precedent to action. 78 C. 650; 124 C. 522. Place of support. 73 C. 607; 82 C. 611. Measure of support. 78 C. 650; 82 C. 611; 103 C. 6; 124 C. 524; 127 C. 506. When state should be a party plaintiff. 103 C. 6. A minor may properly be made a defendant and judgment rendered against him. Id., 3. A proceeding under statute is entirely different from a criminal prosecution for nonsupport. 91 C. 10. Application to question of dependency of mother on minor son under workmen's compensation act. 105 C. 420. Although statute may have no extraterritorial effect when neither party is resident of state, equitable relief allowed where property of defendant was subject to the jurisdiction. 111 C. 124. Held not necessary to meet precise terms of statute in equitable action for support, nor was husband's duty limited by his income or to the amount public authorities required by statute to provide. 114 C. 575; 127 C. 503. Medical payment under workmen's compensation act. 117 C. 282. Statute applies only to those whom it would be duty of town to support if not furnished by relatives. 123 C. 338. “Neglect to provide” imports more than a mere omission; it imports an omission accompanied by some kind of culpability. 124 C. 518; 128 C. 192. Mere ownership of property by relatives does not necessarily mean they are “able to provide” support. Id., 193. If working at gainful occupation might shorten life span, one is not precluded from seeking support. 134 C. 58. Mere failure on husband's part to provide wife with support is not controlling on question of his liability; the test being the legal justification of his refusal. 144 C. 21. Action against father of supervising relative for needs of such relative. 145 C. 458. Imposition of obligation to support adult does not empower person so obligated to determine place where support shall be furnished. 152 C. 55. State policy has long been when a person is unable to support himself, support be provided for him by members of his family and is now expressed in this statute and Sec. 17-324. 156 C. 199. Once a child reaches 18, parents no longer have a legal duty to support the child. 168 C. 144. Cited. 175 C. 527.
Demurrer in support action on ground that cause not brought where plaintiff resides, overruled where no indication that plaintiff wife relied on statute. 6 CS 87. The purpose of statute is to protect the public purse; and therefore, since no township is concerned with the support of a nonresident, the right of a nonresident to sue his relatives disappears. 7 CS 60. Married woman, living apart from her husband, may voluntarily for sufficient consideration relinquish her right to maintain an action for support. 14 CS 64; Id., 123. Essentially an equitable proceeding; plaintiff not entitled to jury trial. Id., 482. One who has a pecuniary interest which may be injuriously affected by the decree is an aggrieved person within statute. 15 CS 177. Existence of other remedies not ground for denying relief in an equitable action for support. 16 CS 68. In an action for support, obligation of defendant husband is limited to what he can afford to pay. Id., 465. Restrictions in will against widow of testator providing for support of their son void as against public policy. 19 CS 93. Cited. 31 CS 271. Wife may sue for husband's medical expenses for which she is liable. 32 CS 156. Cited. 33 CS 44; 34 CS 284.
Cited. 6 Conn. Cir. Ct. 688.
Annotations to present section:
Cited. 191 C. 468; 196 C. 403; 216 C. 85; 219 C. 28; 222 C. 699; 231 C. 1; 234 C. 194; 236 C. 582.
Cited. 2 CA 251; Id., 270; 9 CA 327; 25 CA 563; 26 CA 174; Id., 737; 31 CA 214.
A condition precedent to granting an order for payment of support under statute is the neglect or refusal to furnish necessary support to the minor child by the parents. 39 CS 35. Cited. 40 CS 6; Id., 349.
Subsec. (a):
Cited. 235 C. 82, 88. Calculation of retroactive child support order is based on obligor's ability to pay during that period, not actual cost of support. 309 C. 390.
Cited. 31 CA 761. Subdiv. (4) does not explicitly or implicitly require that the written acknowledgment of paternity be submitted as evidence in order for a magistrate to proceed on a support petition. 175 CA 632.
Court has continuing power to enforce premajority support orders when child has reached age of majority. 45 CS 169.
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Sec. 46b-215a. Commission for Child Support Guidelines. Duties. Members. Validity of actions taken during vacancy. (a) The Commission for Child Support Guidelines is established to issue child support and arrearage guidelines to ensure the appropriateness of criteria for the establishment of child support awards and to review and issue updated guidelines every four years. Such guidelines shall ensure, subject to section 46b-215c, that current support, health care coverage, child care contribution and orders of payment on any arrearage and past due support shall be based on the income of both parents and the obligor's ability to pay. Such guidelines shall also ensure the appropriateness of periodic payment orders on arrearages when the obligor (1) is the child's legal guardian and resides with the child, or (2) is not the child's legal guardian but has resided with the child either for at least six months immediately preceding the order of payment on the arrearage or for at least six months of the twelve months immediately preceding such order. In such cases, the commission shall consider exemptions similar to those in the uniform contribution scale adopted pursuant to section 4a-12. Updated arrearage guidelines shall be issued at the same time as the child support guidelines.
(b) The commission shall consist of thirteen members as follows:
(1) The Chief Court Administrator, or the Chief Court Administrator's designee;
(2) The Commissioner of Social Services, or the commissioner's designee;
(3) The Attorney General, or the Attorney General's designee;
(4) The chairpersons and ranking members of the joint standing committee on judiciary, or their designees;
(5) The Child Advocate, or the Child Advocate's designee;
(6) A representative of the Connecticut Bar Association, designated by the Connecticut Bar Association; and
(7) Four members appointed by the Governor, one of whom represents an agency that delivers legal services to the poor, one of whom represents the financial concerns of child support obligors, one of whom represents the Commission on Women, Children, Seniors, Equity and Opportunity and one of whom represents the rights and best interests of children.
(c) The Commissioner of Social Services shall convene the commission whenever a review is required to issue updated guidelines pursuant to subsection (a) of this section and shall provide staffing for the administrative and regulatory responsibilities of the commission and, within available appropriations, funding for economic studies required by the commission.
(d) The chairperson of the commission shall be elected by the members of the commission. A vacancy on the commission at any time shall not invalidate any actions taken by the commission during such vacancy, provided at least nine members of the commission are serving at the time of such action.
(P.A. 89-203, S. 1, 3; P.A. 91-391, S. 7; P.A. 92-253, S. 1; P.A. 93-262, S. 1, 87; 93-329, S. 5; P.A. 11-214, S. 20; P.A. 16-48, S. 1; May Sp. Sess. P.A. 16-3, S. 165; P.A. 19-117, S. 139.)
History: P.A. 91-391 amended section to require commission to establish and promulgate guidelines to ensure orders of payment on arrearage and past due support are based on obligor's ability to pay and specified situations when guidelines shall ensure appropriateness of payments on arrearage; P.A. 92-253 changed deadline for initial issuance of updated guidelines from January 1, 1991, to January 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-329 changed date for updated guidelines from not later than January 1, 1993, to not later than October 1, 1993; P.A. 11-214 divided existing provisions into Subsecs. (a), (b) and (d), amended Subsec. (a) to revise provisions re guidelines, add “arrearage” re guidelines, delete references to Sec. 8 of P.A. 85-548, October 1, 1993, and January 1, 1992, provide that guidelines ensure, subject to Sec. 46b-215c, that current support, health care coverage, child care contribution and orders of payment be based on income of both parents, and make technical changes, amended Subsec. (b) to add Subdiv. designators and make technical changes, added Subsec. (c) to require Commissioner of Social Services to convene commission when review is required to issue updated guidelines, and amended Subsec. (d) to provide that a vacancy on commission shall not invalidate actions taken during vacancy if at least nine members are serving; P.A. 16-48 amended Subsec. (b) to replace “eleven” with “thirteen” re members of commission, add new Subdiv. (5) re Child Advocate or designee, redesignate existing Subdivs. (5) and (6) as Subdivs. (6) and (7), and replace “three” with “four” and add provision re one who represents the rights and best interests of children in redesignated Subdiv. (7), and amended Subsec. (c) to add provision re Commissioner of Social Services to provide staffing for commission and funding for economic studies; May Sp. Sess. P.A. 16-3 amended Subsec. (b)(6) to replace “Permanent Commission on the Status of Women” with “Commission on Women, Children and Seniors”, effective July 1, 2016; P.A. 19-117 amended Subsec. (b)(7) to replace “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019.
Cited. 219 C. 703; 222 C. 699; 231 C. 1; 236 C. 582. As to regulations issued re child support guidelines, trial court properly included in defendant's gross income contributions made by his domestic partner toward his living expenses when it determined his child support obligation under such guidelines. 244 C. 350. Re parent whose sole income is federal Supplemental Security Income and state supplementation, guidelines expressly exclude such income from determination of child support and the “best interest of the child” deviation criterion is not applicable and cannot be used to require child support payments from such parent. 255 C. 617. When parties' combined net weekly income exceeds upper limit of the guidelines' schedule, court shall apply the principles that underlie the child support guidelines. 296 C. 80.
Cited. 25 CA 555; Id., 563; Id., 693; 28 CA 632; 29 CA 436; 37 CA 856. As to regulations issued re child support guidelines, trial court properly imposed a deviation on basis of the extraordinary reduction in plaintiff's living expenses. 83 CA 398. In deviating from the child support guidelines because of a disparity in the income of the parties, such disparity may only be considered when the custodial parent has the higher income and deviation from the presumptive support amount would enhance the lower income parent's ability to foster a relationship with the child. 204 CA 302.
Cited. 43 CS 400.
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Sec. 46b-215b. Guidelines to be used in determination of amount of support and payment on arrearages and past-due support. (a) The child support and arrearage guidelines issued pursuant to section 46b-215a, adopted as regulations pursuant to section 46b-215c, and in effect on the date of the support determination shall be considered in all determinations of child support award amounts, including any current support, health care coverage, child care contribution and past-due support amounts, and payment on arrearages and past-due support within the state. In all such determinations, there shall be a rebuttable presumption that the amount of such awards which resulted from the application of such guidelines is the amount to be ordered. A specific finding on the record at a hearing, or in a written judgment, order or memorandum of decision of the court, that the application of the guidelines would be inequitable or inappropriate in a particular case, as determined under the deviation criteria established by the Commission for Child Support Guidelines under section 46b-215a, shall be required in order to rebut the presumption in such case.
(b) In any determination pursuant to subsection (a) of this section, when a party has been determined by the Social Security Administration, or a state agency authorized to award disability benefits, to qualify for disability benefits under the federal Supplemental Security Income Program, the Social Security disability program, the state supplement to the federal Supplemental Security Income Program, or the state-administered general assistance program, parental earning capacity shall not be a basis for deviating from the presumptive support amount that results from the application of the child support guidelines to such party's income.
(c) In any proceeding for the establishment or modification of a child support award, the child support and arrearage guidelines shall be considered in addition to and not in lieu of the criteria for such awards established in sections 17b-179, 17b-745, 46b-84, 46b-86, 46b-130, 46b-215, 46b-569 and 46b-570.
(P.A. 89-203, S. 2, 3; P.A. 91-391, S. 8; June 18 Sp. Sess. P.A. 97-1, S. 66, 75; P.A. 03-130, S. 1; P.A. 04-76, S. 39; P.A. 06-149, S. 18; P.A. 11-214, S. 21; P.A. 21-104, S. 36.)
History: P.A. 91-391 added “and payment on arrearage and past due support”; June 18 Sp. Sess. P.A. 97-1 made a technical change, effective January 1, 1998; P.A. 03-130 amended Subsec. (a) by replacing “sufficient to rebut” with “required in order to rebut” and making technical changes, added new Subsec. (b) re determination of party's qualification for disability benefits and redesignated existing Subsec. (b) as Subsec. (c); P.A. 04-76 amended Subsec. (b) by deleting reference to the “general assistance program”; P.A. 06-149 amended Subsec. (a) to make technical changes, insert “in effect on the date of the support determination” re child support guidelines, and add references to past-due support, effective June 6, 2006; P.A. 11-214 amended Subsec. (a) to add provisions re arrearage guidelines issued pursuant to Sec. 46b-215a and adopted as regulations pursuant to Sec. 46b-215c, to include current support, health care coverage and child care contributions in determinations of child support award amounts, to add reference to deviation criteria re guidelines under Sec. 46b-215a and to make technical changes, and amended Subsec. (c) to add “arrearage” re guidelines; P.A. 21-104 amended Subsec. (a) to add provision re finding on the record “at a hearing, or in a written judgment, order or memorandum of decision of the court”, effective June 28, 2021.
Cited. 218 C. 467; 219 C. 703; 222 C. 699; 231 C. 1; 236 C. 582.
Cited. 25 CA 555; Id., 563; Id., 595; 26 CA 617; 27 CA 724; 29 CA 368; Id., 436; 31 CA 761; 37 CA 856; 39 CA 258; 40 CA 570. Determination of child support arrearage payments must be made in accordance with child support and arrearage guidelines. 70 CA 212. Defendant's failure to file worksheet pursuant to child support guidelines precludes claim that court did not adhere to such guidelines. 79 CA 783; overruled, see 308 C. 194. Trial court erred when it deviated from the presumptive health care coverage contribution without a specific finding on the record that application of the guidelines would have been inequitable or inappropriate under the circumstances. 97 CA 122. Court violates provisions of section by failing to articulate its reasons for deviating from the child support guidelines. 127 CA 417; judgment affirmed, see 308 C. 194. Child support guidelines must be considered in any marital dissolution action involving minor children, and there is no exception to this mandate for unallocated awards of alimony and child support. 138 CA 544.
Subsec. (a):
Trial court abused its discretion by failing to calculate a presumptive child support amount, thereby failing to determine that a presumptive support amount was inequitable or inappropriate, and thereafter finding that a deviation from the child support guidelines was warranted. 299 C. 308.
Cited. 25 CA 693; 28 CA 208; Id., 632; 41 CA 163; 45 CA 737. Court not required to make specific finding on the record that application of child support guidelines would be inequitable or inappropriate when it rendered dissolution decree incorporating the agreement of the parties. 56 CA 459. Trial court's failure to make specific findings on the record concerning the presumptively correct child support guideline arrearage figure and reasons why such figure was inequitable or inappropriate constituted reversible error. 67 CA 527.
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Sec. 46b-215c. Guidelines to be approved by legislative regulation review committee. (a) Notwithstanding the provisions of sections 46b-215a and 46b-215b, updated child support and arrearage guidelines issued by the Commission for Child Support Guidelines pursuant to section 46b-215a shall be submitted by the commission to the standing legislative regulation review committee and adopted as regulations in accordance with the provisions of chapter 54.
(b) Nothing in this section shall affect the validity of a child support order issued pursuant to any guidelines promulgated pursuant to section 46b-215a prior to the approval of such guidelines pursuant to the provisions of this section.
(P.A. 91-209, S. 1, 2; P.A. 92-253, S. 2; P.A. 11-214, S. 22.)
History: P.A. 92-253 changed “no” to “updated”, deleted phrase “after January 1, 1991”, after “guidelines” inserted “pursuant to section 46b-215” and changed “approved” to “adopted as regulations”; P.A. 11-214 amended Subsec. (a) to substitute reference to Sec. 46b-215a for reference to Sec. 46b-215 and add “arrearage” re guidelines, and amended Subsec. (b) to make a technical change.
In accordance with 296 C. 80, child support orders must be made in accordance with the principles established in statute and child support guidelines, and any deviation must be accompanied by court's explanation as to why the guidelines are inequitable or inappropriate and why deviation is necessary to meet needs of child; court improperly awarded 20 per cent of defendant's annual cash bonus as additional child support. 297 C. 358.
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Sec. 46b-215d. Certain earnings not considered income for purposes of guidelines. Notwithstanding the child support guidelines established pursuant to section 46b-215a, in cases in which an obligor is an hourly wage earner and has worked less than forty-five hours per week at the time of the establishment of the support order, any additional income earned from working more than forty-five hours per week shall not be considered income for purposes of such guidelines.
(P.A. 99-193, S. 3, 16; 99-279, S. 32, 45.)
History: P.A. 99-193 effective June 23, 1999; P.A. 99-279 eliminated the phrase “only the earnings of the obligor for the first forty-five hours per week shall be included for the purposes of such guidelines” and substituted in lieu thereof “in cases in which an obligor is an hourly wage earner and has worked less then forty-five hours per week at the time of the establishment of the support order, any additional income earned from working more than forty-five hours per week shall not be considered income for purposes of such guidelines”, effective June 29, 1999.
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Sec. 46b-215e. Initial or modified support order when child support obligor is institutionalized or incarcerated. Procedure in IV-D support cases when child support obligor is incarcerated for more than ninety days. (a) Notwithstanding any provision of the general statutes, whenever a child support obligor is institutionalized or incarcerated, the Superior Court or a family support magistrate shall establish an initial order for current support, or modify an existing order for current support, upon proper motion, based upon the obligor's present income and substantial assets, if any, in accordance with the child support guidelines established pursuant to section 46b-215a. Downward modification of an existing support order based solely on a loss of income due to incarceration or institutionalization shall not be granted in the case of a child support obligor who is incarcerated or institutionalized for an offense against the custodial party or the child subject to such support order.
(b) In IV-D support cases, as defined in section 46b-231, when the child support obligor is institutionalized or incarcerated for more than ninety days, any existing support order, as defined in section 46b-231, shall be modified to zero dollars effective upon the date that a support enforcement officer files an affidavit in the Family Support Magistrate Division. The affidavit shall include: (1) The beginning and expected end dates of such obligor's institutionalization or incarceration; and (2) a statement by such officer that (A) a diligent search failed to identify any income or assets that could be used to satisfy the child support order while the obligor is incarcerated or institutionalized, (B) the offense for which the obligor is institutionalized or incarcerated was not an offense against the custodial party or the child subject to such support order, and (C) a notice in accordance with subsection (c) of this section was provided to the custodial party and an objection form was not received from such party.
(c) Prior to filing an affidavit under subsection (b) of this section, the support enforcement officer shall provide notice to the custodial party in accordance with section 52-57 or by certified mail, return receipt requested. The notice shall state in clear and simple language that: (1) Such child support order shall be modified unless the custodial party objects not later than fifteen calendar days after receipt of such notice on the grounds that (A) the obligor has sufficient income or assets to comply with the support order, or (B) the obligor is incarcerated or institutionalized for an offense against the custodial party or the child subject to such support order; and (2) the custodial party may object to the proposed modification by delivering a signed objection form, or other written notice or motion, indicating the nature of the objection or grounds of the motion, to the support enforcement officer not later than fifteen calendar days after receipt of such notice. Upon receipt of any objection or motion, the support enforcement officer shall promptly arrange with the clerk of the Family Support Magistrate Division to enter the appearance of the custodial party, set the matter for a hearing, send a file-stamped copy of the objection or motion to the IV-D agency of the state to whom the support order is payable, and notify all parties of the hearing date set. The court or family support magistrate shall promptly hear the objection or motion and determine whether the child support order should be modified in accordance with subsection (b) of this section.
(d) A support order that is modified in accordance with subsection (b) of this section shall be reinstated to the prior support amount ninety days after the obligor is released from such institutionalization or incarceration, provided a support enforcement officer files an affidavit in the Family Support Magistrate Division that provides: (1) The date such obligor was no longer institutionalized or incarcerated; and (2) a statement by such officer that notice, in accordance with subsection (e) of this section, was provided to the child support obligor, and an objection form was not received from such obligor.
(e) Prior to filing an affidavit under subsection (d) of this section, the support enforcement officer shall provide notice to the child support obligor in accordance with section 52-57 or by certified mail, return receipt requested, or by first class, postage prepaid mail to the Connecticut correctional facility in which the obligor is incarcerated. The notice shall state in clear and simple language that: (1) Such child support order shall be reinstated to the previous support amount effective ninety days after the date of the obligor's release unless the obligor objects prior to the ninetieth day to such reinstatement on the grounds that the obligor has insufficient income or assets to comply with the support order; and (2) the obligor may object to the proposed reinstatement by delivering a signed objection form, or other written motion, indicating the nature of the objection or the grounds for the motion, to the support enforcement officer prior to the ninetieth day after the obligor's release date. Upon receipt of the objection or motion, the support enforcement officer shall promptly arrange with the clerk of the Family Support Magistrate Division to enter the appearance of the obligor, set the matter for a hearing, send a file-stamped copy of the objection or motion to the IV-D agency of the state to whom the support order is payable, and notify all parties of the hearing date set. The court or family support magistrate shall promptly hear the objection or motion and determine whether the child support order should be reinstated or otherwise modified in accordance with the child support guidelines established pursuant to section 46b-215a. Any objection filed in accordance with this section shall constitute a proper motion to modify a child support order.
(P.A. 03-258, S. 4; P.A. 06-149, S. 19; P.A. 17-57, S. 1.)
History: P.A. 06-149 substituted “provision” for “provisions”, added “substantial assets, if any” re obligor's present income, and added provision re downward modification of existing support order based solely on loss of income due to incarceration or institutionalization, effective June 6, 2006; P.A. 17-57 designated existing provisions re child support obligor who is institutionalized or incarcerated as Subsec. (a), added Subsec. (b) re reduction of existing support order to zero dollars upon filing of affidavit by support enforcement officer in IV-D support cases, added Subsec. (c) re provision of notice to custodial party of ability to object to proposed modification of support order and scheduling of hearing on objection, added Subsec. (d) re reinstatement of prior support order upon obligor's release from institutionalization or incarceration, added Subsec. (e) re provision of notice to obligor of reinstatement of prior support order, obligor's ability to object to reinstatement of order and scheduling of hearing on such objection.
Downward modification of child support obligation not prohibited when obligor was incarcerated for criminal offenses against a child of the custodial parent who was the sibling of the child subject to the support order because, although obligor's conduct was traumatizing to the custodial parent and child subject to the support order, they were not victims of the criminal offenses for which obligor is incarcerated. 130 CA 332.
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Sec. 46b-216. (Formerly Sec. 17-321). Support of surviving husband or wife by heirs. The estate of any person dying without issue, leaving a husband or wife surviving, shall be liable for the support of such surviving spouse until remarriage if such survivor becomes poor and there is no person or persons of sufficient ability, under the provisions of section 46b-215, to provide such support. Each person to whom any such estate is given or descends shall, to an amount equal to the estate so received by him, be liable to contribute to such support, and, if he neglects to provide such support, and sufficient support cannot be obtained from any of the persons liable under the provisions of said section 46b-215, such survivor, the Commissioner of Social Services, the selectmen of the town in which such survivor resides, or any person liable under the provisions of said section 46b-215, to contribute to such support but unable to wholly furnish the same, or any person other than the defendant or defendants, liable under this section to contribute to such support, may bring a complaint to the superior court for the judicial district in which such survivor resides, against all or any of the persons, except the plaintiff, to whom any of such estate has been given or has descended. Said court may order the defendant or defendants to contribute to such support from the time of serving such complaint such sum, not exceeding the value of the property received by such defendant or defendants from the estate of such deceased, as may be reasonable and necessary, and may issue execution monthly or quarterly for the same, which, when collected, shall be paid to such survivor, said commissioner or such selectmen, for such support, as the court orders. When such complaint is brought by the survivor, commissioner or selectmen, the court, or any judge thereof when said court is not sitting, may require the defendant or defendants to become bound with sufficient surety to such survivor, the state or town to abide the judgment rendered on such complaint.
(1949 Rev., S. 2611; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 78-280, S. 2, 127; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 78-280 substituted “judicial district” for “county”; Sec. 17-321 transferred to Sec. 46b-216 in 1979 and references to Sec. 17-320 revised to reflect its transfer; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993.
Annotations to former section 17-321:
Cited. 127 C. 506.
Cited. 11 CS 295; 33 CS 44.
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Sec. 46b-217. (Formerly Sec. 17-322). Relief from support. Any defendant in an action brought under either section 46b-215 or 46b-216 may, at any time thereafter, prefer his complaint to said court against such survivor, the Commissioner of Social Services, selectmen or other persons, plaintiffs in such action, to be relieved from such contribution. In any action brought under said section 46b-215, the defendant in a IV-D support case as defined in subsection (b) of section 46b-231 may prefer his complaint to the family support magistrate serving the judicial district where the order was entered against the plaintiff in such action to be relieved from such contribution. If said court or family support magistrate finds that he, being liable under said section 46b-215, is required to contribute an amount beyond his ability or beyond what is requisite for such support, or that he, being liable under said section 46b-216, is required to contribute beyond the amount received by him from the estate of such deceased or beyond what is requisite for such support, it may again direct how much, if anything, he shall contribute therefor. If the contribution of the person or persons liable to support such poor person, as fixed by the court, is insufficient for such support, the remainder of such support shall be furnished by the state or such town.
(1949 Rev., S. 2612; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 86-359, S. 35, 44; P.A. 93-262, S. 73, 87.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; Sec. 17-322 transferred to Sec. 46b-217 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 86-359 added reference to complaint against commissioner of human resources and added provision permitting defendant in action under Sec. 46b-215 to prefer complaint to family support magistrate division; P.A. 93-262 replaced reference to commissioners of income maintenance and human resources with commissioner of social services, effective July 1, 1993.
Annotation to former section 17-322:
Cited. 127 C. 506.
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Sec. 46b-218. (Formerly Sec. 17-324a). Filing of identification and location information with the state case registry. (a) For purposes of this section:
(1) “Identification and location information” means current information on the location and identity of a party to any parentage or child support proceeding, including, but not limited to, the party's Social Security number, residential and mailing addresses, telephone number, driver's license number, employer's name, address and telephone number, and such other information as may be required for the state case registry to comply with federal law and regulations;
(2) “Parentage or child support proceeding” means any court action or administrative process authorized by state statute in which the parentage or support of a child is established; and
(3) “State case registry” means the database included in the automated system established and maintained by the Office of Child Support Services under subsection (l) of section 17b-179 which database shall contain information on each support order established or modified in the state.
(b) Each party to any parentage or child support proceeding shall file identification and location information with the state case registry upon entry of an order and whenever such information changes.
(c) All identification and location information provided to the state case registry under subsection (b) of this section shall be subject to the provisions of section 17b-90.
(1969, P.A. 654; 1971, P.A. 225; P.A. 74-183, S. 218, 291; P.A. 76-436, S. 187, 681; P.A. 77-452, S. 55, 72; P.A. 90-213, S. 33, 56; P.A. 99-193, S. 10, 16; P.A. 16-13, S. 12; P.A. 21-15, S. 135.)
History: 1971 act substituted “person” for “beneficiary of state assistance under the provisions of this title”, reduced maximum fine from $50 to $25 and reduced maximum term of imprisonment from 60 to 30 days; P.A. 74-183 replaced circuit court with court of common pleas and family relations division with family relations office, effective December 31, 1974; P.A. 76-436 and P.A. 77-452 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 17-324a transferred to Sec. 46b-218 in 1979; P.A. 90-213 replaced requirement that payments and notice be made to the family relations office with the requirement that payments and notice be made to the support enforcement division; P.A. 99-193 deleted existing provisions and added new Subsecs. (a) to (c) concerning the filing of identification and location information, effective June 23, 1999; P.A. 16-13 amended Subsec. (a)(3) to replace “Bureau of Child Support Enforcement” with “Office of Child Support Services”, effective May 6, 2016; P.A. 21-15 amended Subsecs. (a) and (b) by replacing “paternity” with “parentage”, effective January 1, 2022.
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Sec. 46b-219. (Formerly Sec. 17-326). No liability for support of deserting parent. No person shall be liable under any provision of the general statutes for the support of a parent who wilfully deserted such person continuously during the ten-year period prior to such person reaching his majority. For the purposes of this section, wilful desertion means total neglect of parental responsibility in failing to provide reasonable support and care within the financial capability of the parent. Any person claiming the provisions of this section as a defense shall have the burden of proof of such wilful desertion.
(1957, P.A. 475.)
History: Sec. 17-326 transferred to Sec. 46b-219 in 1979.
Annotations to former section 17-326:
Cited. 31 CS 271; 33 CS 769; 34 CS 284.
“Wilful desertion” means intentional desertion; parental responsibility is obligation to furnish protection, education and support; where defendant's mother was divorced by his father with whom he lived and, despite her history of alcoholism and drug addiction, she attempted to obtain his custody on several occasions, trial court could conclude there was no desertion under statute. 4 Conn. Cir. Ct. 643.
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Sec. 46b-220. Suspension of license of delinquent child support obligor. Conditions. Reinstatement. (a) For the purposes of this section:
(1) “Delinquent child support obligor” means an obligor who (A) owes overdue support, accruing after the entry of a court order, in an amount which exceeds ninety days of periodic payments on a current support or arrearage payment order, (B) has failed to make court ordered medical or dental insurance coverage available within ninety days of the issuance of a court order or fails to maintain such coverage pursuant to court order for a period of ninety days, or (C) has failed, after receiving appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings;
(2) “License” means each license, certification or permit to engage in a profession or occupation regulated pursuant to the provisions of title 19a, 20 or 21, a motor vehicle operator's license or a commercial driver's license issued by the Commissioner of Motor Vehicles in accordance with chapter 246, and licenses and permits issued by the Department of Energy and Environmental Protection pursuant to part III of chapter 490;
(3) “Licensing authority” means any board, commission, department or official with authority to issue a license;
(4) “Obligor” means any person owing a duty of child support;
(5) “Obligee” means the person or entity to whom child support payments are owed;
(6) “Past-due support” has the same meaning as provided in section 52-362j; and
(7) “Overdue support” has the same meaning as provided in section 52-362j.
(b) The Superior Court and any family support magistrate may issue a suspension order, which suspends the license of a delinquent child support obligor, to enforce a child support order. Such suspension order shall specify the conditions which must be met to avoid license suspension and shall be effective only on the filing of an affidavit, sufficient under subsection (c) of this section, as to the obligor's delinquency. Such order shall also specify the conditions of reinstatement of any such suspended license in the event of suspension by the court or family support magistrate. In IV-D cases, the order shall specify that the Department of Social Services shall notify the licensing authority of the suspension order and of compliance with or rescission of such order. In non-IV-D cases, the order shall specify the procedure for notification of the licensing authority of the suspension order and of compliance with or rescission of such order and the person required to provide such notification. No judge or family support magistrate may issue a suspension order unless he finds (1) the obligor has received actual notice of the proceeding and that a motor vehicle operator's license or professional, occupational or recreational license which he holds may be suspended, (2) the noncompliance with his child support obligations was wilful and without good cause, (3) the suspension order is fair and equitable, (4) the obligor has sufficient financial resources to comply with the conditions specified in the suspension order. A copy of any suspension order issued against a nonappearing obligor shall be sent to the obligor by first class mail, postage prepaid by the Department of Social Services, or, in any non-IV-D case, any person specified in the suspension order.
(c) If the obligor fails to comply with the conditions of a suspension order within thirty days of the issuance of such order, the Department of Social Services, a support enforcement officer, the attorney for the obligee or the obligee, as provided in the suspension order, shall file with the court or assistant clerk of the Family Support Magistrate Division, an affidavit stating that the conditions of the suspension order have not been met, and provide the obligor with a copy of such affidavit. Such affidavit shall be filed within forty-five days of the expiration of such thirty-day period. Such suspension order shall be effective upon the filing of such affidavit.
(d) If (1) the obligor satisfies the conditions of the suspension order within thirty days of the issuance of such suspension order, or (2) the affidavit is not filed within forty-five days of the expiration of such thirty-day period, such order shall be null and void and shall have no further effect.
(e) Upon receipt of an effective court order directing suspension of a license, the Department of Social Services or, in any non-IV-D case, any person specified in such order shall provide the licensing authority with a copy of the suspension order and affidavit. The licensing authority shall, upon receipt of such order and affidavit, suspend such license. Upon the obligor's compliance with the conditions of the license suspension order concerning reinstatement, or upon any subsequent order of the court or family support magistrate to rescind such license suspension, the licensing authority shall immediately reinstate such license. No licensing authority may charge a fee for the reinstatement of any such license which exceeds the actual administrative cost of such reinstatement.
(P.A. 95-310, S. 4, 9; June 18 Sp. Sess. P.A. 97-7, S. 32, 38; P.A. 04-100, S. 5; 04-257, S. 74; P.A. 11-80, S. 1; P.A. 14-122, S. 185.)
History: P.A. 95-310 effective January 1, 1996; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by redefining “delinquent child support obligor” and “license”, and by defining “past-due support” and “overdue support” and added provision re recreational license in Subsec. (b), effective July 1, 1997; P.A. 04-100 amended Subsec. (a) by making technical changes in Subdivs. (1) and (2) and redefining “past-due support” in Subdiv. (6) and “overdue support” in Subdiv. (7) to have the same meanings as provided in Sec. 52-362j; P.A. 04-257 made technical changes in Subsec. (a)(2), effective June 14, 2004; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (a)(2), effective July 1, 2011; P.A. 14-122 made technical changes in Subsec. (a)(6) and (7).
Cited. 234 C. 194.
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Sec. 46b-221. Notice to delinquent child support obligors by Commissioner of Social Services re availability of remedy of license suspension. The Commissioner of Social Services may provide notice to all IV-D delinquent child support obligors of the availability of the remedy of suspension of motor vehicle operator's licenses and professional, occupational and recreational licenses pursuant to section 46b-220. Such notice shall comply with the provisions of section 52-362g.
(P.A. 95-310, S. 6, 9; June 18 Sp. Sess. P.A. 97-7, S. 33, 38.)
History: P.A. 95-310 effective January 1, 1996; June 18 Sp. Sess. P.A. 97-7 added reference to recreational licenses, effective July 1, 1997.
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Sec. 46b-222. Regulations. The Department of Social Services may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of section 46b-220.
(P.A. 95-310, S. 7, 9.)
History: P.A. 95-310 effective January 1, 1996.
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Sec. 46b-223. Rules of court. The judges of the Superior Court may adopt any rules they deem necessary to implement the provisions of section 46b-220, including the application of said section to the practice of law.
(P.A. 95-310, S. 8, 9; P.A. 07-247, S. 59.)
History: P.A. 95-310 effective January 1, 1996; P.A. 07-247 deleted provision that required Office of the Chief Court Administrator to prescribe any forms required to implement Sec. 46b-220.
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Sec. 46b-224. Effect of court order changing or transferring guardianship or custody of child on preexisting support order. Whenever the Probate Court, in a guardianship matter under chapter 802h, or the Superior Court, in a family relations matter, as defined in section 46b-1, orders a change or transfer of the guardianship or custody of a child who is the subject of a preexisting support order, and the court makes no finding with respect to such support order, such guardianship or custody order shall operate to: (1) Suspend the support order if guardianship or custody is transferred to the obligor under the support order; or (2) modify the payee of the support order to be the person or entity awarded guardianship or custody of the child by the court, if such person or entity is other than the obligor under the support order.
(P.A. 04-100, S. 8; P.A. 07-247, S. 60.)
History: P.A. 04-100 effective May 10, 2004; P.A. 07-247 replaced “juvenile matter under chapter 815t” with “family relations matter, as defined in section 46b-1”.
Section applies to all support orders notwithstanding express language in the order barring future modification; to the extent that the application of the specific language of this section to suspend or modify a support order that purports to preclude modification appears to conflict with the general language of Sec. 46b-86(a), this section must prevail. 305 C. 539.
Section only speaks to child support and does not give a party the right to suspend his alimony obligation. 159 CA 805. To the extent that section conflicts with general provisions of Sec. 46b-86(a) precluding retroactive modification of child support unless service of process requirement in Sec. 52-50 is satisfied, this section must prevail; no practical distinction between a suspension and a modification for purposes of applying section; child support portion of unallocated support award was subject to retroactive modification; section has no bearing on alimony. 161 CA 271.
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Sec. 46b-225. Judicial marshal authorized to serve capias mittimus or copy thereof issued in child support matter. Any judicial marshal may serve a capias mittimus or a copy thereof made by any photographic, micrographic, electronic imaging or other process, which clearly and accurately copies such original document, provided such judicial marshal or Support Enforcement Services of the Superior Court is in possession of the original document, on any person who is in the custody of the marshal or is in a courthouse where the marshal provides courthouse security if such capias mittimus was issued in a child support matter by (1) a court or a family support magistrate pursuant to subdivision (8) of subsection (a) of section 17b-745 or subparagraph (C) of subdivision (8) of subsection (a) of section 46b-215; or (2) a family support magistrate pursuant to subdivision (1) of subsection (m) of section 46b-231.
(P.A. 11-219, S. 18; P.A. 15-85, S. 6.)
History: P.A. 15-85 added provision re judicial marshal may serve copy of capias mittimus provided judicial marshal or Support Enforcement Services of the Superior Court is in possession of original document.
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Secs. 46b-226 to 46b-230. Reserved for future use.
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*Cited. 213 C. 373; 222 C. 799.
Cited. 31 CA 114; 46 CA 1.
Sec. 46b-231. Definitions. Family Support Magistrate Division. Family support magistrates; appointment, salaries, powers and duties. Orders. Appeal. Attorney General; duties re actions for support. Department of Social Services; powers. (a) This section shall be known and may be cited as the “Family Support Magistrate's Act”.
(b) For the purposes of this section:
(1) “Chief Family Support Magistrate” means the family support magistrate designated by the Chief Court Administrator as provided in subsection (g) of this section;
(2) “Child support enforcement services” means the services provided by the IV-D agency or an agency under cooperative or purchase of service agreement therewith pursuant to Title IV-D of the Social Security Act, including, but not limited to, location; establishment of parentage; establishment, modification and enforcement of child and medical support orders and the collection and distribution of support payments;
(3) “Commissioner” means the Commissioner of Social Services or a designee or authorized representative;
(4) “Office of Child Support Services” means a division within the Department of Social Services established pursuant to section 17b-179;
(5) “Department” means the Department of Social Services or any bureau, division or agency of the Department of Social Services;
(6) “Family Support Magistrate Division” means a division of the Superior Court created by this section for the purpose of establishing and enforcing child and spousal support in IV-D cases and in cases brought pursuant to sections 46b-301 to 46b-425, inclusive, utilizing quasi-judicial proceedings;
(7) “Family support magistrate” means a person appointed as provided in subsection (f) of this section to establish and enforce child and spousal support orders;
(8) “Foster care cases” means cases in which children are receiving foster care under part I of chapter 319a or part I of chapter 815t, but does not include cases in which children reside in detention facilities, forestry camps, training schools or other facilities operated primarily for the detention of children adjudicated as delinquent;
(9) “Law” means both statutory and common law;
(10) “Obligee” means any person to whom a duty of support is owed;
(11) “Obligor” means any person owing a duty of support;
(12) “IV-D agency” means the Office of Child Support Services within the Department of Social Services, established pursuant to section 17b-179 and authorized to administer the child support program mandated by Title IV-D of the Social Security Act;
(13) “IV-D support cases” means cases in which the IV-D agency is providing child support enforcement services under Title IV-D of the Social Security Act pursuant to (A) an application under subsection (h) of section 17b-179, or (B) referral of a (i) temporary family assistance case under section 17b-112, which for the purposes of this section may be referred to as “TFA”, (ii) a Medicaid case under section 17b-261, or (iii) a foster care case under section 46b-130; and
(14) “Support order” means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court of competent jurisdiction or another state's administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, which provides for monetary support, health care, arrearages or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.
(c) 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) (1) (A) The Family Support Magistrate Division shall include nine family support magistrates who shall, (i) prior to January 1, 2017, be appointed by the Governor to serve in that capacity for a term of three years, and (ii) on and after January 1, 2017, be nominated by the Governor and appointed by the General Assembly to serve in that capacity for a term of five years, except that each family support magistrate serving on December 31, 2016, shall continue to serve in that capacity on and after January 1, 2017, until the expiration of such magistrate's three-year term, unless removed from office pursuant to this subsection. A family support magistrate may be nominated by the Governor for reappointment. If a family support magistrate continues to serve after the expiration of such three-year term and such family support magistrate is nominated by the Governor for reappointment, the family support magistrate's five-year term shall begin on the date that the General Assembly approves the nomination for reappointment pursuant to subdivision (3) of this subsection.
(B) To be eligible for nomination as a family support magistrate, a person shall have engaged in the practice of law for five years prior to appointment and be experienced in the field of family law. The family support magistrate shall devote full time to the duties of a family support magistrate and shall not engage in the private practice of law. A family support magistrate may be removed from office by the Governor for cause and is subject to admonishment, censure, suspension and removal from office as provided in chapter 872a.
(2) Each nomination made by the Governor to the General Assembly for a family support magistrate shall be referred, without debate, to the committee on the judiciary, which shall report thereon within thirty legislative days from the time of reference, but not later than seven legislative days before the adjourning of the General Assembly.
(3) Each appointment of a family support magistrate shall be by concurrent resolution. The action on the passage of each such resolution in the House of Representatives and in the Senate shall be by vote taken on the electrical roll-call device. No resolution shall contain the name of more than one nominee. The Governor shall, within five days after the Governor has notice that any family support magistrate nomination has failed to be approved by the affirmative concurrent action of both houses of the General Assembly, make another nomination to such office.
(4) Notwithstanding the provisions of section 4-19, no vacancy in the position of a family support magistrate shall be filled by the Governor when the General Assembly is not in session unless, prior to such filling, the Governor submits the name of the proposed vacancy appointee to the committee on the judiciary. Within forty-five days, the committee on the judiciary may, upon the call of either chairperson, hold a special meeting for the purpose of approving or disapproving such proposed vacancy appointee by majority vote. The Governor shall not administer the oath of office to such proposed vacancy appointee until the committee has approved such proposed vacancy appointee. If the committee determines that it cannot complete its investigation and act on such proposed vacancy appointee within such forty-five-day period, it may extend such period by an additional fifteen days. The committee shall notify the Governor in writing of any such extension. Failure of the committee to act on such proposed vacancy appointee within such forty-five-day period or any fifteen-day extension period shall be deemed to be an approval.
(5) Prior to a public hearing on a family support magistrate, the committee on the judiciary may employ a person to investigate, at the request of the chairpersons of said committee, any family support magistrate nominee with respect to the suitability of such nominee for magisterial office. Such investigator shall report his or her findings to said committee and any such report shall be confidential and shall not be subject to public disclosure. Such person shall receive such compensation as may be fixed by the Joint Committee on Legislative Management for each day such person is engaged in his or her duties as an investigator.
(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 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 perform such other duties as provided in this section.
(h) (1) On and after July 1, 2021, the Chief Family Support Magistrate shall receive a salary of one hundred fifty-seven thousand seventy-eight dollars, and other family support magistrates shall receive an annual salary of one hundred forty-nine thousand four hundred ninety-eight dollars.
(2) On and after July 1, 2022, the Chief Family Support Magistrate shall receive a salary of one hundred sixty-four thousand nine hundred thirty-two dollars, and other family support magistrates shall receive an annual salary of one hundred fifty-six thousand nine hundred seventy-three 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 may elect to be included within the provisions of sections 51-49, 51-49a, 51-49b, 51-49c, 51-49d, 51-49h, 51-50a and 51-50b, or to continue to be subject to the provisions of subdivision (1) of this subsection. Any family support magistrate who has so elected may revoke such election and elect to be included in the provisions of chapters 65 and 66 regarding retirement and disability of state employees. Thereupon any payments transferred from the State Employees Retirement Fund to the Judges, Family Support Magistrates and Administrative Law Judges Retirement Fund shall be transferred from the Judges, Family Support Magistrates and Administrative Law Judges Retirement Fund to the State Employees Retirement Fund.
(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 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 and in cases brought pursuant to sections 46b-301 to 46b-425, inclusive. 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 section 17b-745, 46b-215 or 46b-570, a subpoena issued pursuant to section 52-143, or a citation for failure to obey an order of a family support magistrate or a judge of the Superior Court. If a person is served with any such summons, subpoena or citation issued by a family support magistrate or the assistant clerk of the Family Support Magistrate Division and fails to appear, a family support magistrate may issue a capias mittimus directed to a judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest the obligor or the witness and bring the obligor or witness before a family support magistrate. Whenever such a capias mittimus is ordered, the family support magistrate shall establish a recognizance to the state of Connecticut in the form of a bond of such character and amount as to assure the appearance of the obligor at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. If the obligor posts such a bond, and thereafter fails to appear before the family support magistrate at the time and place the obligor is ordered to appear, the family support magistrate may order the bond forfeited, and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.
(2) (A) Family support magistrates shall hear and determine matters involving child and spousal support in IV-D support cases including petitions for support brought pursuant to sections 17b-81, 17b-179, 17b-745 and 46b-215, applications for show cause orders in IV-D support cases brought pursuant to subsection (a) of section 46b-570, and actions for interstate enforcement of child and spousal support and parentage under sections 46b-301 to 46b-425, inclusive, and shall hear and determine all motions for modifications of child and spousal support in such cases.
(B) In all IV-D support cases, family support magistrates shall have the authority to order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t.
(C) A family support magistrate shall not modify an order for periodic payment on an arrearage due the state for state assistance which has been discontinued to increase such payments, unless the family support magistrate first determines that the state has made a reasonable effort to notify the current recipient of child support, at the most current address available to the IV-D agency, of the pendency of the motion to increase such periodic arrearage payments and of the time and place of the hearing on such motion. If such recipient appears, either personally or through a representative, at such hearing, the family support magistrate shall determine whether the order in effect for child support is reasonable in relation to the current financial circumstances of the parties, prior to modifying an order increasing such periodic arrearage payments.
(3) Family support magistrates shall review and approve or disapprove all agreements for support in IV-D support cases filed with the Family Support Magistrate Division in accordance with sections 17b-179, 17b-745, 46b-215, 46b-570 and subsection (c) of section 53-304.
(4) Motions for modification of existing child and spousal support orders entered by the Superior Court in IV-D support cases, including motions to modify existing child and spousal support orders entered in actions brought pursuant to chapter 815j, shall be brought in the Family Support Magistrate Division and decided by a family support magistrate. Family support magistrates, in deciding if a spousal or child support order should be modified, shall make such determination based upon the criteria set forth in sections 46b-84 and 46b-215b. A person who is aggrieved by a decision of a family support magistrate modifying a Superior Court order is entitled to appeal such decision in accordance with the provisions of subsection (n) of this section.
(5) Venue for proceedings to establish parentage in IV-D support cases shall be in accordance with the provisions of subsection (e) of section 46b-461. The matter shall be heard and determined by a family support magistrate in accordance with the provisions of chapter 815y.
(6) Agreements for support obtained in IV-D support cases shall be filed with the assistant clerk of the family support magistrate division for the judicial district where a parent of the child resides, pursuant to subsection (a) of section 46b-570, and shall become effective as an order upon filing with the clerk. Such support agreements shall be reviewed by a family support magistrate who shall approve or disapprove the agreement. If the support agreement filed with the clerk is disapproved by a family support magistrate, the reason for disapproval shall be stated in the record and such disapproval shall have a retroactive effect. Upon such disapproval, the clerk shall schedule a hearing for the purpose of determining appropriate support amounts and shall notify all appearing parties of the hearing date.
(7) Family support magistrates shall enforce orders for child and spousal support entered by such family support magistrate and by the Superior Court in IV-D support cases by citing an obligor for contempt. Family support magistrates, in IV-D support cases, may order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t. Family support magistrates shall also enforce income withholding orders entered pursuant to section 52-362, including any additional amounts to be applied toward liquidation of any arrearage, as required under subsection (e) of said section. Family support magistrates may require the obligor to furnish recognizance to the state of Connecticut in the form of a cash deposit or bond of such character and in such amount as the Family Support Magistrate Division deems proper to assure appearance at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. Upon failure of the obligor to post such bond, the family support magistrate may refer the obligor to a community correctional center until he has complied with such order, provided the obligor shall be heard at the next regular session of the Family Support Magistrate Division in the court to which he was summoned. If no regular session is held within seven days of such referral, the family support magistrate shall either cause a special session of the Family Support Magistrate Division to be convened, or the obligor shall be heard by a Superior Court judge in the judicial district in which the matter is pending. If the obligor fails to appear before the family support magistrate at the time and place he is ordered to appear, the family support magistrate may order the bond, if any, forfeited, and the proceeds thereof distributed as required by Title IV-D of the Social Security Act, and the family support magistrate may issue a capias mittimus for the arrest of the obligor, ordering him to appear before the family support magistrate. A family support magistrate may determine whether or not an obligor is in contempt of the order of the Superior Court or of a family support magistrate and may make such orders as are provided by law to enforce a support obligation, except that if the family support magistrate determines that incarceration of an obligor for failure to obey a support order may be indicated, the family support magistrate shall inform the obligor of his right to be represented by an attorney and his right to a court-appointed attorney to represent him if he is indigent. If the obligor claims he is indigent and desires an attorney to represent him, the family support magistrate shall conduct a hearing to determine if the obligor is indigent. If, after such hearing, the family support magistrate finds that the obligor is indigent, the family support magistrate shall appoint an attorney to represent the obligor.
(8) Agreements between parties as to custody and visitation of minor children in IV-D support cases may be filed with the assistant clerk of the Family Support Magistrate Division. Such agreements shall be reviewed by a family support magistrate, who shall approve the agreement unless he finds such agreement is not in the best interests of the child. Agreements between parties as to custody and visitation in IV-D support cases shall be enforced in the same manner as agreements for support are enforced, pursuant to subdivision (7) of this subsection.
(9) Agreements between the parties as to the modification or enforcement of support orders in IV-D support cases may be filed with the assistant clerk of the Family Support Magistrate Division for the judicial district where the mother or father of the child resides and where the parties have submitted to a motion for modification or an application for contempt of an existing child or spousal support order. Such agreements may be approved by the family support magistrate after an inquiry into the financial needs, resources and the respective abilities of the parties. The inquiry required pursuant to this subdivision may take place on the record at a hearing, or may be made on the basis of an affidavit from each party, made under oath, stating that (A) each party has the financial resources and other facts satisfying any requirement of the inquiry in question, and (B) that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court. If each party so attests, a family support magistrate may (i) determine whether the agreement between the parties as to modification or enforcement of a support order is fair and equitable under all the circumstances, and (ii) make any other findings required by this section.
(10) Whenever an obligor is before a family support magistrate in proceedings to establish, modify or enforce a support order in a IV-D support case and such order is not secured by an income withholding order, the family support magistrate may require the obligor to execute a bond or post other security sufficient to perform such order for support, provided the family support magistrate finds that such a bond is available for purchase within the financial means of the obligor. Upon failure of such obligor to comply with such support order, the family support magistrate may order the bond or the security forfeited and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.
(11) 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.
(12) A family support magistrate may dismiss any action or proceeding which the family support magistrate may hear and determine.
(13) A family support magistrate may order parties to participate in the parenting education program in accordance with the provisions of section 46b-69b.
(14) Family support magistrates may issue writs of habeas corpus ad testificandum in IV-D support cases for persons in the custody of the Commissioner of Correction.
(15) A family support magistrate may, upon the filing of a motion to modify an existing support order based on the fact that the Social Security Administration, or a state agency authorized to award disability benefits has determined that the obligor qualifies for disability benefits under the federal Supplemental Security Income Program and the filing of an affidavit by a support enforcement officer: (A) Modify the existing support order to zero dollars without a hearing; (B) schedule the motion for a hearing; or (C) deny the motion without a hearing. The support enforcement officer's affidavit shall state: (i) The date that the child support obligor qualified for benefits under the federal Supplemental Security Income Program; (ii) that the support enforcement officer confirmed such benefits with the federal Social Security Administration or another federal agency with access to Social Security Administration applicant and benefit information; (iii) that a diligent search failed to identify any other income or assets that could be used to satisfy the child support order; (iv) that support enforcement services provided notice to the custodial party in accordance with section 52-57 or by certified mail, return receipt requested, of the proposed modification, that the custodial party had the right to object to the proposed modification, and that support enforcement services must receive any objection to the proposed modification not later than fifteen calendar days after the date that the custodial party received such notice; and (v) that support enforcement services did not receive an objection from the custodial party. Any support order modified pursuant to this subdivision may be later modified upon a finding of a substantial change in circumstances. Nothing in this subdivision shall preclude a family support magistrate from modifying an existing support order under any other section of the general statutes.
(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 in superior court for the judicial district in which the decision of the family support magistrate was rendered not later than fourteen days after filing of the final decision with an assistant clerk assigned to the Family Support Magistrate Division or, if a rehearing is requested, not later than fourteen days after filing of the notice of the decision thereon. In a IV-D support case, such petitions shall be accompanied by a certification that copies of the petition have been served upon the IV-D agency as defined in subsection (b) of this section and all parties of record. Service upon the IV-D agency may be made by the appellant mailing a copy of the petition by certified mail to the office of the Attorney General in Hartford.
(3) Within fourteen days after the filing of the petition, or within such further time as may be allowed by the court, the Family Support Magistrate Division shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding appealed from, which shall include the decision of the family support magistrate. The court may require or permit subsequent corrections or additions to the record.
(4) The aggrieved party shall file with his appeal a statement that no transcript is required for the purpose of determining the issues raised on appeal or a statement that he has ordered a transcript. A transcript may be filed by any party to an appeal and shall be filed within thirty days from the filing of said appeal unless the time for filing such transcript is extended by order of the Superior Court or the family support magistrate. Costs of preparing the transcript shall be paid by the party ordering the preparation of the transcript.
(5) If, before the date set for hearing, application is made to the Superior Court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the family support magistrate, the Superior Court may permit additional evidence be taken before it upon conditions determined by the court.
(6) The appeal shall be conducted by the Superior Court without a jury and shall be confined to the record and such additional evidence as the Superior Court has permitted to be introduced. The Superior Court, upon request, shall hear oral argument and receive written briefs.
(7) The Superior Court may affirm the decision of the family support magistrate or remand the case for further proceedings. The Superior Court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the decision of the family support magistrate is: (A) In violation of constitutional or statutory provisions; (B) in excess of the statutory authority of the family support magistrate; (C) made upon unlawful procedure; (D) affected by other error of law; (E) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(8) Any order entered by the court pursuant to an appeal under this subsection may be retroactive to the date of the original order entered by the family support magistrate.
(9) Upon all such appeals which are denied, costs may be taxed in favor of the prevailing party at the discretion of the Superior Court, but no costs shall be taxed against the state.
(10) In any case in which any party claims that he cannot pay the costs of an appeal or defending an appeal under this section, he shall, within the time permitted for filing the appeal, or the time permitted for filing of a transcript of testimony if preparation of such transcript is required, file with the clerk of the superior court to which the appeal is to be taken an application for waiver of payment of such fees, costs and necessary expenses. The application shall conform to rules adopted pursuant to section 51-14. After such hearing as the Superior Court determines is necessary, the Superior Court shall enter its judgment on the application, which judgment shall contain a statement of the facts the Superior Court has found, with its conclusions thereon. The filing of the application for the waiver shall toll the time limits for the filing of an appeal until such time as a judgment on such application is entered.
(o) 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, 17b-744, 17b-745, and 17b-746, 46b-55, 46b-59a, 46b-86 and 46b-570, this chapter, subsection (b) of section 51-348, section 52-362, subsection (a) of section 52-362d, subsection (a) of section 52-362e and subsection (c) of section 53-304, and shall be considered orders of the Superior Court for the purpose of establishing and enforcing support orders of the family support magistrate, as provided in sections 17b-81, 17b-93, 17b-179, 17b-745, 52-362, 52-362d, 52-362e and 53-304, except as otherwise provided in this section. All orders for support issued by family support magistrates in any matter before a magistrate shall contain an order for withholding to enforce such orders as set forth in section 52-362.
(s) Support enforcement officers of Support Enforcement Services of the Superior Court shall:
(1) Supervise the payment of any child or spousal support order in IV-D support cases and cases under sections 46b-301 to 46b-425, inclusive. Supervision of such orders is defined as the utilization of all procedures available by law to collect child or spousal support, or enforce medical support including (A) issuance and implementation of income withholdings ordered by the Superior Court or a family support magistrate pursuant to section 52-362, (B) issuance of an order requiring any party to appear before a family support magistrate on an action to modify a support order pursuant to subdivision (4) of this subsection, (C) issuance of a capias mittimus directed to a proper officer to arrest an obligor or witness and bring such obligor or witness before a family support magistrate if such obligor or witness is served with a summons, subpoena, citation or order to appear issued by a family support magistrate, the assistant clerk of the Family Support Magistrate Division or a support enforcement officer and fails to appear, (D) if necessary, bringing an application for contempt to a family support magistrate and, in connection with such application, issuing an order requiring the obligor to appear before a family support magistrate to show cause why such obligor should not be held in contempt for failure to pay an order for child or spousal support entered by the Superior Court or a family support magistrate, (E) issuance of a National Medical Support Notice in accordance with section 46b-88, and (F) taking of acknowledgements of parties to agreements incident to the duties under subdivision (4) of this subsection;
(2) In non-TFA cases, have the authority to bring petitions for support orders pursuant to section 46b-215, file agreements for support with the assistant clerk of the Family Support Magistrate Division, and bring applications for show cause orders pursuant to section 46b-570, and in IV-D support cases and cases under sections 46b-301 to 46b-425, inclusive, enforce foreign support orders registered with the Family Support Magistrate Division pursuant to sections 46b-364 to 46b-372, inclusive, and file agreements for support with the assistant clerk of the Family Support Magistrate Division;
(3) In connection with any order or agreement entered by, or filed with, the Family Support Magistrate Division, or any order entered by the Superior Court in a IV-D support case, upon order, investigate the financial situation of the parties and report findings to the family support magistrate regarding: (A) Any pending motion to modify such order or agreement; or (B) any request or application for modification of such order or agreement made by an obligee;
(4) Review child support orders (A) in non-TFA IV-D support cases (i) at the request of either parent or custodial party subject to a support order, or (ii) upon receipt of information indicating a substantial change in circumstances of any party to the support order, (B) in TFA cases, at the request of the Office of Child Support Services, or (C) as necessary to comply with federal requirements for the child support enforcement program mandated by Title IV-D of the Social Security Act, and initiate an action before a family support magistrate to modify such support order if it is determined upon such review that the order substantially deviates from the child support guidelines established pursuant to section 46b-215a. A requesting party under subparagraph (A)(i) or (B) of this subdivision shall have a right to such review every three years without proving a substantial change in circumstances, but more frequent reviews shall be made only if such requesting party demonstrates a substantial change in circumstances. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines, consideration shall be given to the division of real and personal property between the parties set forth in any final decree entered pursuant to chapter 815j and the benefits accruing to the child as the result of such division. No order for periodic payment of support may be subject to retroactive modification, except that the family support magistrate may order modification with respect to any period during which there is a pending motion for modification of a support order from the date of service of notice of such pending motion to the opposing party pursuant to section 52-50; and
(5) In proceedings before the Family Support Magistrate Division under the Uniform Interstate Family Support Act (A) perform clerical, administrative and other nonjudicial functions on behalf of the Family Support Magistrate Division; (B) maintain a registry of support orders and judgments; and (C) assist the IV-D agency in performing its functions under sections 46b-398 to 46b-410, inclusive.
(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) In interstate support enforcement under sections 46b-301 to 46b-425, inclusive, provide necessary legal services on behalf of the support enforcement agency in providing services to a petitioner; and
(3) Represent the IV-D agency in providing support enforcement services in non-TFA IV-D support cases pursuant to sections 17b-179, 17b-745 and 46b-215.
(u) (1) The Department of Social Services may in IV-D cases (A) bring petitions for support orders pursuant to section 46b-215, (B) obtain acknowledgments of parentage, (C) bring applications for show cause orders pursuant to section 46b-570, (D) file agreements for support with the assistant clerk of the Family Support Magistrate Division, (E) issue withholding orders entered by the Superior Court or a family support magistrate in accordance with subsection (b) of section 52-362, and (F) upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, for distribution in accordance with Title IV-D of the Social Security Act, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice, and provided further that any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice.
(2) The Department of Social Services shall provide notice not less than once every three years to the parents subject to a support order in a IV-D case informing the parents of their right to request a review under subdivision (4) of subsection (s) of this section.
(P.A. 86-359, S. 1, 44; 86-403, S. 113, 114, 132; P.A. 87-316, S. 7; P.A. 89-195, S. 1; 89-302, S. 5, 7; 89-360, S. 9–11, 45; P.A. 90-132; 90-189; 90-213, S. 34, 56; P.A. 91-76, S. 6, 7; 91-190, S. 8, 9; P.A. 92-226, S. 3, 28; May Sp. Sess. P.A. 92-16, S. 86, 89; P.A. 93-187, S. 5; 93-262, S. 1, 87; 93-329, S. 8; 93-396, S. 5; 93-435, S. 59, 95; P.A. 95-191, S. 1, 4; 95-310, S. 3, 9; P.A. 97-252; June 18 Sp. Sess. P.A. 97-1, S. 67, 75; June 18 Sp. Sess. P.A. 97-2, S. 108, 165; June 18 Sp. Sess. P.A. 97-7, S. 26, 36, 38; July 21 Sp. Sess. P.A. 97-1, S. 6, 8; P.A. 98-197, S. 3, 8; P.A. 99-193, S. 11, 12, 16; June Sp. Sess. P.A. 99-1, S. 38, 51; P.A. 00-231, S. 9, 10; P.A. 01-91, S. 17; P.A. 03-89, S. 5; P.A. 04-100, S. 6, 7; May Sp. Sess. P.A. 04-2, S. 10; P.A. 05-288, S. 158, 159; P.A. 06-149, S. 20–23; P.A. 07-247, S. 61; P.A. 11-214, S. 23–28; 11-219, S. 7, 8, 15, 16; P.A. 13-247, S. 241; P.A. 15-71, S. 89; June Sp. Sess. P.A. 15-5, S. 461; P.A. 16-13, S. 13–15; 16-211, S. 1; May Sp. Sess. P.A. 16-3, S. 91; P.A. 17-99, S. 5; June Sp. Sess. P.A. 17-2, S. 256; P.A. 18-75, S. 6; P.A. 19-64, S. 15; P.A. 21-15, S. 136–141; 21-18, S. 1; 21-104, S. 37; June Sp. Sess. P.A. 21-2, S. 141; P.A. 22-26, S. 13; 22-37, S. 25, 26; 22-118, S. 133.)
History: P.A. 86-403 made technical changes in Subsecs. (f) and (m); P.A. 87-316 amended Subsec. (m)(6) to permit family support magistrate to require bond to assure appearance at next regular session of superior court for the judicial district for family matters, to refer obligor, upon failure to post bond, to superior court which may remand obligor to community correctional center until he has complied with order and to order bond, if any, forfeited; P.A. 89-195 amended Subsecs. (m)(1) by adding provision re establishment of bond whenever capias mittimus is ordered and forfeiture of such bond and (m)(6) by changing reference to session of the superior court of the judicial district for family matters to session of the family support magistrate division in the judicial district in which the matter is pending, changing “refund” to “remand” and adding provision re payment of proceeds of forfeited bonds and added Subsec. (m)(8) re authority of magistrate to require performance bond or sufficient security to enforce support order and forfeiture of bond or security; P.A. 89-302 amended Subsec. (r) by changing “garnishment” to “withholding”; P.A. 89-360 amended Subsec. (f) by increasing number of family support magistrates from six to seven, amended Subsec. (h) by increasing salary of chief family support magistrate from $59,325 to $69,325 and increasing salary of other family support magistrates from $55,020 to $65,020 and reiterated changes made by P.A. 89-195 in Subsec. (m); P.A. 90-132 added Subsec. (s)(4) re review of child support orders in non-AFDC IV-D cases at the request of either parent or the bureau of child support enforcement and initiation of an action to modify such order if the order substantially deviates form guidelines; P.A. 90-189 amended Subsec. (m)(2) re procedure for modification of order of periodic payment of arrearage due state for discontinued state assistance to increase such payments; P.A. 90-213 changed the name of the family division to the support enforcement division in Subsec. (a)(8), changed Connecticut child support enforcement bureau to the support enforcement division in Subsec. (a)(15), increased the number of family support magistrates from seven to nine in Subsec. (f), specified in Subsec. (g) that the chief family support magistrate shall be designated from among the eight appointments by the governor to correspond to increase of magistrates in Subsec. (f), changed family relations counselors, caseworkers of the family division to support enforcement officers of the support enforcement division in Subdiv. (s) and made technical changes in Subsec. (l), (m), (s) and (t); P.A. 91-76 amended Subsec. (s)(4) by adding provision re rebuttable presumption that deviation of less than 15% from child support guidelines is not substantial and any deviation of more than 15% is substantial and permitting modification of support order without regard to whether order issued before on or after May 9, 1991; P.A. 91-190 repealed Subsec. (e) re establishment of family support advisory committee; P.A. 92-226 added Subsec. (i)(2), designating existing provision as Subdiv. (1); May Sp. Sess. P.A. 92-16 added Subsec. (h)(2) increasing the salaries of magistrates; P.A. 93-187 added Subsec. (m)(10) (codified as Subdiv. (11)) re authority to dismiss any action or proceeding; P.A. 93-262 and P.A. 93-435 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-329 added Subsec. (m)(10) permitting magistrate to waive fees and cost of service of process if he finds party is indigent; P.A. 93-396 deleted definition of “family division” and redefined “IV-D support cases” to include reference to human resources department in Subsec. (a), renumbering Subdivs. as necessary, in Subsec. (g) increased number of family support magistrates from eight to nine and deleted reference to family support advisory committee, in Subsec. (s) added a provision providing that support enforcement officers shall have the authority to file agreements for support in lieu of obtaining acknowledgments of paternity, added Subdiv. (5) re review and modification of child support orders and added Subsec. (u) allowing department to bring petitions for support orders, obtain acknowledgments of paternity, bring applications for show cause orders and file agreements for support; P.A. 95-191 amended Subsec. (h) by deleting provisions re salary on and after July 1, 1989, and adding provisions re salary increases on and after July 1, 1995, and July 1, 1996, effective July 1, 1995; P.A. 95-310 amended Subsec. (s)(1) by adding issuance of wage withholdings, bringing application for contempt and issuance of order requiring appearance of obligor in connection with such application, effective January 1, 1996 (Revisor's note: (1) References in Subsecs. (a)(13) and (j) to “Child Support Bureau” and “Family Magistrate Division” were replaced editorially by the Revisors with “Child Support Enforcement Bureau” and “Family Support Magistrate Division” for consistency with customary statutory usage; (2) a reference in Subsec. (b)(13) to section “17-578” and references in Subsecs. (m)(2), (m)(3), (r) and (t)(3) to section “17b-731” were all changed editorially by the Revisors to “17b-179” to correct clerical errors in the preparation of title 17b); P.A. 97-252 amended Subsec. (i)(2) by deleting provision re holding office on June 22, 1992, and by adding provision re revocation of election to be included in judges retirement system and election to be included in state employees retirement system; June 18 Sp. Sess. P.A. 97-1 made technical changes and added references to Secs. 46b-212 to 46b-213v, inclusive, effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 replaced references to “AFDC” with references to “TANF”, effective July 1, 1997 (Revisor's note: In codifying this act the Revisors omitted two new, but void, Subdivs. numbered (4) and (5) which were added to Subsec. (h) by Sec. 7 of vetoed public act 97-294); June 18 Sp. Sess. P.A. 97-7 amended Subsec. (b) by deleting definition of “AFDC cases”, amending definitions of “chief family support magistrate”, “child support enforcement services”, and “IV-D support cases”, and adding definition of “support order”, amended Subsec. (m)(2) by adding provision re order to participate in work activities, (m)(4) by deleting requirement that modifications of support orders be subject to approval and modification of Superior Court judge, (m)(5) by deleting provision re demand for trial by jury, (m)(6) by deleting provision re acknowledgments of paternity, application by mother for IV-D services and putative father, (m)(7) by adding provisions re authority of magistrates in IV-D cases to order participation of obligor to participate in work activities and enforce income withholding order including additional amounts to be applied toward liquidation of arrearage and (m)(9) by deleting provision re wage garnishment and added Subsec. (m)(12) re authority of family support magistrates to order participation in parenting education program in accordance with Sec. 46b-69b, amended Subsec. (s)(4) by adding provision in re right of review of support orders in IV-D cases every three years and more frequently if demonstrate substantial change in circumstances and deleted Subsec. (s)(5), and added new Subsec. (u)(2) re notice by Department of Social Services not less than once every three years of right to review support order in IV-D cases, effective July 1, 1997; July 21 Sp. Sess. P.A. 97-1 amended Subsec. (h) by deleting provisions re salary on and after January 1, 1993, and July 1, 1995, and by adding provisions re salary increases on and after October 1, 1997, and October 1, 1998, effective July 23, 1997; P.A. 98-197 amended Subsec. (h) by deleting provision re salary increases on and after July 1, 1996, designating existing Subdivs. (2) and (3) as Subdivs. (1) and (2), and adding new Subdiv. (3) increasing salary of Chief Family Support Magistrate to $81,952 and salary of other family support magistrates to $76,863, on and after October 1, 1999, effective July 1, 1998; P.A. 99-193 amended Subsec. (b)(4) by changing “Connecticut Child Support Enforcement Bureau” to “Bureau of Child Support Enforcement”, redefined “foster care cases” in Subsec. (b)(8) and “IV-D support cases” in (b)(13) and made technical changes in Subsec. (b)(3) and (12), effective July 1, 1999, and amended Subsec. (s)(1) by adding provision re income withholdings ordered by the Superior Court and by making a technical change; June Sp. Sess. P.A. 99-1 added Subsec. (h)(4) and (5) re salary increases, effective July 1, 1999; P.A. 00-231 deleted Subsec. (h)(1) to (3), inclusive, renumbering Subdivs. (4) and (5) as (1) and (2), respectively, and adding new Subdiv. (3) re salary increases for Chief Family Support Magistrate, and other family support magistrates on and after April 1, 2002, effective January 3, 2001; P.A. 01-91 amended Subsec. (s)(1) by changing “the Support Enforcement Division” to “Support Enforcement Services”, permitting support enforcement officers to issue order requiring party to appear before magistrate on action to modify support order, made a technical change in Subsec. (s)(3) and added “or custodial party” in Subsec. (s)(4); P.A. 03-89 added Subsec. (u)(1)(E) authorizing Department of Social Services to issue withholding orders entered by Superior Court or family support magistrate; P.A. 04-100 amended Subsec. (m) by making technical changes and adding Subdiv. (13) re issuance of writs of habeas corpus ad testificandum and amended Subsec. (s)(1) by adding provision re issuance of capias mittimus, added provisions in Subsec. (s)(4) re review of child support orders upon receipt of information indicating substantial change in circumstances or as necessary to comply with federal requirements and made technical and conforming changes; May Sp. Sess. P.A. 04-2 amended Subsec. (h) by deleting former Subdivs. (1) and (2) re salaries on and after April 1, 2000, and 2001, redesignating existing Subdiv. (3) re salaries on and after April 1, 2002, as new Subdiv. (1) and adding new Subdivs. (2) to (4) re salary increases for Chief Family Support Magistrate and other family support magistrates on and after January 1, 2005, 2006 and 2007, effective January 1, 2005; P.A. 05-288 made technical changes in Subsec. (m)(1) and (4), effective July 13, 2005; P.A. 06-149 amended Subsec. (m)(1), (7) and (9) to substitute “distributed as required by Title IV-D of the Social Security Act” for “paid to the state in TANF cases or the obligee in non-TANF cases”, and made technical changes in Subsec. (m)(7), and, effective June 6, 2006, added Subsec. (u)(1)(F) re redirection of payments and notice thereof; P.A. 07-247 amended Subsec. (s)(1) by adding “or enforce medical support” and adding Subpara. (E) re issuance of National Medical Support Notice in accordance with Sec. 46b-88, and amended Subsec. (s)(2) by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w; P.A. 11-214 substituted references to Sec. 46b-213w for references to Sec. 46b-213v in Subsecs. (b)(6), (l), (m)(2) and (t)(2), amended Subsec. (b) to redefine “IV-D support cases” in Subdiv. (13) and redefine “support order” in Subdiv. (14), amended Subsec. (m)(2) to divide existing provisions into Subparas. (A), (B) and (C), amended Subsec. (s) to replace “made by a family support magistrate” with “in IV-D support cases and cases under sections 46b-212 to 46b-213w, inclusive” in Subdiv. (1), to substitute “non-TFA” for “non-TANF” in Subdivs. (2) and (4), and to substitute “TFA” for “TANF” in Subdiv. (4), amended Subsec. (t)(3) to substitute “non-TFA” for “non-TANF”, and made technical changes in Subsecs. (b), (f), (m)(2) and (t); P.A. 11-219 amended Subsec. (m)(1) to add provision authorizing magistrate to issue capias directed to judicial marshal to extent authorized in Sec. 46b-225 and to make technical changes, amended Subsec. (m)(3) to substitute “disapprove” for “modify” re agreements for support in IV-D support cases, amended Subsec. (m)(6) to add provisions requiring that reason for disapproval be stated in the record and that, upon disapproval, clerk schedule hearing to determine support amounts and notify parties, and amended Subsec. (s)(1) to add Subpara. (F) re authority of support enforcement officers to take acknowledgements incident to duties under Subdiv. (4); P.A. 13-247 amended Subsec. (h) by replacing former Subdivs. (1) to (4) re salaries on and after April 1, 2002, and January 1, 2005, 2006 and 2007 with new Subdivs. (1) and (2) re salaries on and after July 1, 2013, and 2014, effective July 1, 2013; P.A. 15-71 replaced references to Secs. 46b-212 to 46b-213w with references to Secs. 46b-301 to 46b-425, replaced references to Secs. 46b-213f to 46b-213i with references to Secs. 46b-364 to 46b-372 and added Subsec. (s)(5) re proceedings before Family Support Magistrate Division, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (h) by deleting former Subdiv. (1) re salaries on and after July 1, 2013, redesignating existing Subdiv. (2) as Subdiv. (1) and adding new Subdivs. (2) and (3) re salaries on and after July 1, 2015, and July 1, 2016, effective July 1, 2015; P.A. 16-13 replaced “Bureau of Child Support Enforcement” with “Office of Child Support Services” in Subsecs. (b)(4) and (12) and (s)(4)(B), effective May 6, 2016; P.A. 16-211 substantially revised Subsec. (f) including designating existing provisions re Family Support Magistrate Division as Subdiv. (1) and amending same by adding Subpara. (A)(ii) re family support magistrates nominated by Governor and appointed by General Assembly, adding provision re family support magistrate subject to admonishment, censure, suspension and removal from office, and adding Subdivs. (2) to (5) re nomination and appointment of family support magistrates, filling vacancies and investigation of nominee, amended Subsec. (g) by adding provision re exception for Chief Family Support Magistrate and made technical and conforming changes, effective January 1, 2017; May Sp. Sess. P.A. 16-3 amended Subsec. (h)(3) by substituting “July 1, 2017” for “July 1, 2016”, effective June 2, 2016; P.A. 17-99 amended Subsec. (f)(1)(A) by adding provision re start date of five-year term for family support magistrate who is nominated by the Governor and continues to serve after expiration of three-year term, effective June 30, 2017; June Sp. Sess. P.A. 17-2 amended Subsec. (h) by adding “and prior to October 31, 2017” in Subdiv. (3), adding Subdiv. (4) re salaries on and after October 31, 2017, and adding Subdiv. (5) re salaries on and after July 1, 2019, effective October 31, 2017; P.A. 18-75 amended Subsec. (g) by deleting provision re Chief Family Support Magistrate to submit annual report to Chief Court Administrator, effective June 4, 2018; P.A. 19-64 amended Subsec. (f)(1)(A)(ii) by deleting provision re family support magistrate to continue to serve after expiration of three-year term until a successor is appointed or family support magistrate's nomination has failed to be approved in accordance with subsection and amended Subsec. (g) to delete exception re the Chief Family Support Magistrate serving in that capacity on December 31, 2016 to continue to serve in that capacity on and after January 1, 2017, effective July 1, 2019; P.A. 21-15 amended Subsec. (b)(2) by replacing “paternity” with “parentage”, amended Subsec. (m)(2)(A) by replacing “paternity” with “parentage” and by replacing “subsection (b) of section 46b-172” with “subsection (a) of section 46b-172”, amended Subsec. (m)(5) by replacing provision re filing of paternity proceedings in IV-D support cases in the judicial district where mother or putative father resides with “Venue for proceedings to establish parentage in IV-D support cases shall be in accordance with the provisions of subsection (d) of section 46b-461.”, amended Subsec. (m)(6) by replacing “the mother or the father” with “a parent” and reference to “subsection (b) of section 46b-172” with reference to “subsection (a) of section 46b-172”, amended Subsec. (r) by replacing reference to “subsection (a) of section 46b-55” with reference to “46b-55” and by making a technical change and amended Subsec. (u) by replacing “paternity” with “parentage”, effective January 1, 2022; pursuant to P.A. 21-18, “Judges, Family Support Magistrates and Compensation Commissioners Retirement Fund” was changed editorially by the Revisors to “Judges, Family Support Magistrates and Administrative Law Judges Retirement Fund” in Subsec. (i)(2); P.A. 21-104 amended Subsec. (m) to insert new Subdiv. (9) re agreements to modify or enforce support orders in IV-D support cases, redesignate Subdivs. (9) to (13) as (10) to (14) and add Subdiv. (15) re modification of existing support order based on obligor's qualification for disability benefits, effective June 28, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (h) by deleting former Subdivs. (1) to (4) re salaries, redesignating existing Subdiv. (5) as Subdiv. (1) and adding Subdiv. (2) re salaries on and after July 1, 2021, effective June 23, 2021; P.A. 22-26 amended Subsec. (m)(5) by replacing reference to Sec. 46b-461(d) with reference to Sec. 46b-461(e), effective May 10, 2022; P.A. 22-37 made identical changes as P.A. 22-26 and made a technical change in Subsec. (s)(4); P.A. 22-118 amended Subsec. (h) by deleting former Subdiv. (1) re salaries on and after July 1, 2019, redesignating existing Subdiv. (2) as Subdiv. (1) and adding new Subdiv. (2) re salaries on and after July 1, 2022, effective July 1, 2022.
See Sec. 52-56(d) re execution or service of capias mittimus in any precinct by state marshal of any precinct.
Cited. 213 C. 373; 222 C. 799; 229 C. 178.
Cited. 31 CA 114; 36 CA 138; 46 CA 1. Although Subsec. (q) authorizes Superior Court to intervene in a matter pending before family support magistrate, Superior Court does not have authority to vacate orders issued by family support magistrate in the absence of notice to the affected parties or an appeal filed pursuant to Subsec. (n). 103 CA 276. Trial court erred in determining that the family support magistrate division had the inherent authority to open the acknowledgment on the basis of the best interests of the child. 182 CA 22.
Cited. 42 CS 126; Id., 562.
Subsec. (m):
Cited. 37 CA 105. Right to jury trial. 52 CA 431.
Court has continuing power to enforce premajority support orders when child reaches age of majority. 45 CS 169.
Subsec. (n):
Subdiv. (2): Court declined to address defendant's claim that section is unconstitutional; party cannot seek the relief provided in an ordinance or statute and later in the same proceeding raise the question of its constitutionality. 41 CA 803. Subdiv. (1): State's appeal to Superior Court was premature because there was no appealable final decision since family support magistrate had not yet rendered decision on motion to open or on child's standing to file the motion. 78 CA 848. Court was within its discretion to deny plaintiff's motion to introduce evidence relevant only to the original child support order in 1996 when the matter before the court concerned a later period. 83 CA 398.
Cited. 44 CS 145.
Subsec. (s):
Support enforcement services have statutory authority to assist defendant in seeking enforcement of support order. 286 C. 291.
Subsec. (t):
State has statutory authority to provide legal services to support enforcement services. 286 C. 291.
Cited. 41 CA 803.
Duties imposed by section upon Attorney General and in Sec. 17b-179 upon Commissioner of Social Services provide standing for Department of Social Services in a probate appeal. 47 CS 42.
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Sec. 46b-232. Alteration or setting aside of support order by family support magistrate, when. A family support magistrate may alter or set aside (1) any order for payment of support issued by a family support magistrate at any time or (2) any order for payment of support issued by the superior court at any time upon referral of such order by the superior court.
(P.A. 86-359, S. 34, 44.)
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Sec. 46b-232a. Authority of family support magistrates re order for obligor's participation in program and suspension of or election not to impose support order. Reports. (a) In all IV-D support cases, family support magistrates shall have the authority to enter an order for the obligor's participation in an educational, training, skill-building, work, rehabilitation or other similar program, provided the family support magistrate finds that such an order will significantly increase the obligor's ability to fulfill the duty of support within a reasonable period of time. When such an order is entered, the family support magistrate shall also enter an order regarding the reporting of the obligor's compliance with such program.
(b) Upon motion and after hearing, a family support magistrate may suspend payment of a specified support order, in whole or in part, or elect not to impose or order specified court-based enforcement actions, provided the obligor is participating in a program described in subsection (a) of this section.
(c) On or before July 1, 2010, and on or before July 1, 2011, the Chief Court Administrator shall submit the reports of the Problem Solving in Family Matters Committee of the Judicial Branch detailing such committee's findings to the joint standing committee of the General Assembly having cognizance of matters relating to human services and the select committee of the General Assembly having cognizance of matters relating to children in accordance with section 11-4a.
(P.A. 09-175, S. 2.)
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Sec. 46b-233. Longevity payments. Each family support magistrate, who has completed not less than ten years of service as such magistrate, or other state service or service as an elected officer of the state, or any combination of such service, shall receive semiannual longevity payments based on such service completed as of the first day of July and the first day of January of each year as follows:
(1) A family support magistrate who has completed ten or more years but less than fifteen years of service shall receive one-quarter of three per cent of the annual salary payable under subsection (h) of section 46b-231;
(2) A family support magistrate who has completed fifteen or more years but less than twenty years of service shall receive one-half of three per cent of the annual salary payable under said subsection (h) of section 46b-231;
(3) A family support magistrate who has completed twenty or more years but less than twenty-five years of service shall receive three-quarters of three per cent of the annual salary payable under said subsection (h) of section 46b-231; and
(4) A family support magistrate who has completed twenty-five or more years of service shall receive three per cent of the annual salary payable under said subsection (h) of section 46b-231.
(P.A. 89-360, S. 17, 45; P.A. 93-379, S. 6, 8.)
History: P.A. 93-379 allowed credit for longevity purposes for any other state service or service as an elected official of the state or a combination of service, effective June 30, 1993.
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Sec. 46b-233a. Retirement of family support magistrates. Credit for prior service. Amounts used in determining salary. Limitation on retirement salary. (a) Each family support magistrate who had elected under the provisions of subdivision (2) of subsection (i) of section 46b-231 shall, for retirement purposes, be entitled to credit for any or all the prior years of service accrued by him on June 22, 1992, while serving in the office of family support magistrate, provided such magistrate shall pay to the Comptroller five per cent of the salary for his office for each prior year of service he claims for retirement credit. Each such magistrate shall be entitled to have his retirement contributions to the state employees retirement system under chapter 66 credited toward the payment due for the prior year or years of service he claims for retirement credit under this section.
(b) For purposes of determining both the retirement salary of family support magistrates who first commenced service prior to July 1, 2011, and the allowance payable to their surviving spouses under subsection (b) of section 51-51, “salary” shall be composed of the total of the following amounts: The annual salary payable at the time of retirement or death, fixed in accordance with subsection (h) of section 46b-231; and for family support magistrates to whom a longevity payment has been made or is due and payable, in each case under section 46b-233 (1) one and one-half per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed ten or more but less than fifteen years of service as a family support magistrate, (2) three per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed fifteen or more but less than twenty years of service as a family support magistrate, (3) four and one-half per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed twenty or more but less than twenty-five years of service as a family support magistrate, and (4) six per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed twenty-five or more years of service as a family support magistrate.
(c) For purposes of determining both the retirement salary of family support magistrates who first commenced service as family support magistrates on or after July 1, 2011, and the allowance payable to their surviving spouses, under subsection (b) of section 51-51, “salary” shall be composed of the total of the following amounts: The average annual salary for the five years next preceding his or her retirement payable at the time of retirement or death, fixed in accordance with subsection (h) of section 46b-231; and for family support magistrates to whom a longevity payment has been made or is due and payable, in each case under section 46b-233 (1) one and one-half per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed ten or more but less than fifteen years of service as a family support magistrate, (2) three per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed fifteen or more but less than twenty years of service as a family support magistrate, (3) four and one-half per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed twenty or more but less than twenty-five years of service as a family support magistrate, and (4) six per cent of the annual salary the family support magistrate was receiving at the time of retirement or death, for those who have completed twenty-five or more years of service as a family support magistrate.
(d) Notwithstanding any provision of the general statutes, on and after October 2, 2011, the retirement salary of a family support magistrate shall not exceed the limits of Section 415 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(P.A. 92-226, S. 9, 16, 28; P.A. 11-61, S. 150; June Sp. Sess. P.A. 11-1, S. 12, 16; June 12 Sp. Sess. P.A. 12-1, S. 138.)
History: P.A. 11-61 amended Subsec. (b) to redefine “salary” by replacing “annual salary” with “average annual salary for the five years next preceding his or her retirement” and added Subsec. (c) re limitation on amount of retirement salary on or after September 2, 2011, effective upon approval by the General Assembly of the agreement between the state and the State Employees Bargaining Agent Coalition, signed by both parties on May 27, 2011, pursuant to P.A. 11-61, S. 165; June Sp. Sess. P.A. 11-1 provided that P.A. 11-61, S. 150, shall take effect upon approval by the General Assembly of an agreement between the state and the State Employees Bargaining Agent Coalition described in P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, effective July 1, 2011, and further provided that P.A. 11-61, S. 150, is repealed, effective September 1, 2011, if an agreement between the state and the State Employees Bargaining Agent Coalition has not been approved pursuant to P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, by September 1, 2011 (Revisor's note: The agreement between the state and the State Employees Bargaining Agent Coalition referenced in June Sp. Sess. P.A. 11-1, S. 12, 16, was deemed approved by the General Assembly on August 22, 2011, pursuant to P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, S. 11); June 12 Sp. Sess. P.A. 12-1 amended Subsec. (b) to make provisions applicable to family support magistrates who first commenced service prior to July 1, 2011, and to redefine “salary” by replacing “average annual salary for the five years next preceding his or her retirement” with “annual salary” and by substituting reference to Sec. 46b-233 for reference to Sec. 51-51, added new Subsec. (c) re determination of retirement salary and surviving spouse allowance of family support magistrates who first commenced service as family support magistrates on or after July 1, 2011, and redesignated existing Subsec. (c) as Subsec. (d) and amended same by substituting “on and after October 2, 2011” for “on or after September 2, 2011” and by deleting references to judge and compensation commissioner, effective June 15, 2012.
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Sec. 46b-234. Report by the Attorney General to IV-D agency re performance standards. Section 46b-234 is repealed, effective June 23, 1999.
(P.A. 90-213, S. 44, 56; May Sp. Sess. P.A. 94-5, S. 19, 30; P.A. 99-193, S. 15, 16.)
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Sec. 46b-235. Applicability of sections in relation to any bargaining unit designation, award, settlement, benefit, existing employment practice or classification of any employee. The provisions of subsection (a) of section 4a-2, subsection (a) of section 4a-12, sections 17b-137, 17b-179, 17b-745, 46b-207, 46b-208, 46b-215, 46b-218, 46b-231, 46b-235, 46b-570, subsection (a) of section 51-348a, subsection (d) of section 52-50, sections 52-259a, 52-362, 52-362c to 52-362f, inclusive, and 53-304 shall not be construed to alter, modify, impair or change existing collective bargaining agreements, any bargaining unit designation, award, settlement, benefit, existing employment practice or classification of any employee in the event of transfer from one division, bureau or agency or department to another division, agency or department.
(P.A. 90-213, S. 45, 56; June 18 Sp. Sess. P.A. 97-1, S. 68, 75; P.A. 99-193, S. 14, 16.)
History: June 18 Sp. Sess. P.A. 97-1 made technical changes, effective January 1, 1998; P.A. 99-193 deleted reference to Sec. 46b-234, effective June 23, 1999.
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Sec. 46b-236. Family support referees. (a) Each family support magistrate who ceases or has ceased to hold office because of retirement other than under the provisions of section 5-169 or 51-49 and who is an elector and a resident of this state shall be a family support referee for the remainder of his term of office as a family support magistrate and shall be eligible for appointment as a family support referee during the remainder of his life in the manner prescribed by law for the appointment of a family support magistrate. Each such family support referee shall exercise the powers of a family support magistrate.
(b) (1) On and after July 1, 2021, each family support referee shall receive, for acting as a family support referee, in addition to the retirement salary, the sum of two hundred thirty-three dollars and expenses, including mileage, for each day a family support referee is so engaged.
(2) On and after July 1, 2022, each family support referee shall receive, for acting as a family support referee, in addition to the retirement salary, the sum of two hundred forty-five dollars and expenses, including mileage, for each day a family support referee is so engaged.
(May Sp. Sess. P.A. 94-6, S. 13, 28; P.A. 95-350; June Sp. Sess. P.A. 99-1, S. 39, 51; May Sp. Sess. P.A. 04-2, S. 11; P.A. 13-247, S. 242; June Sp. Sess. P.A. 15-5, S. 462; May Sp. Sess. P.A. 16-3, S. 92; June Sp. Sess. P.A. 17-2, S. 257; June Sp. Sess. P.A. 21-2, S. 14; P.A. 22-118, S. 134.)
History: May Sp. Sess. P.A. 94-6 effective June 21, 1994; P.A. 95-350 amended Subsec. (a) by deleting requirement of written consent of parties for referral and replaced provision requiring referee to hear referred matters and report to court with provision granting family support referees powers of a family support magistrate; June Sp. Sess. P.A. 99-1 amended Subsec. (b) to increase per diem compensation from $160 to $180, effective July 1, 1999; May Sp. Sess. P.A. 04-2 amended Subsec. (b) by increasing per diem compensation to $190, effective January 1, 2005; P.A. 13-247 amended Subsec. (b) by designating existing provisions as Subdiv. (1) and amending same to increase per diem compensation from $190 to $200 on and after July 1, 2013, and by adding Subdiv. (2) re increase of per diem compensation to $211 on and after July 1, 2014, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (b) by deleting former Subdiv. (1) re per diem compensation received on and after July 1, 2013, redesignating existing Subdiv. (2) as Subdiv. (1), adding new Subdiv. (2) re increase of per diem compensation to $217 on and after July 1, 2015, and adding Subdiv. (3) re increase of per diem compensation to $223 on and after July 1, 2016, effective July 1, 2015; May Sp. Sess. P.A. 16-3 amended Subsec. (b)(3) by substituting “July 1, 2017” for “July 1, 2016”, effective June 2, 2016; June Sp. Sess. P.A. 17-2 amended Subsec. (b) by adding “and prior to October 31, 2017” in Subdiv. (3), adding Subdiv. (4) re salary per day on and after October 31, 2017, and adding Subdiv. (5) re salary per day on and after July 1, 2019, effective October 31, 2017; June Sp. Sess. P.A. 21-2 amended Subsec. (b) by deleting former Subdivs. (1) to (4) re per diem compensation, redesignating existing Subdiv. (5) as Subdiv. (1) and adding new Subdiv. (2) re increase of per diem compensation to $233 on and after July 1, 2021, effective June 23, 2021; P.A. 22-118 amended Subsec. (b) by deleting former Subdiv. (1) re per diem compensation on and after July 1, 2019, redesignating existing Subdiv. (2) as Subdiv. (1) and adding new Subdiv. (2) re per diem compensation on and after July 1, 2022, effective July 1, 2022.
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Secs. 46b-237 to 46b-300. Reserved for future use.
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