Uniform Interstate Family Support Act
(effective January 1, 1998)
Senate Bill No. 3002 June 18 Special Session, PUBLIC ACT NO. 97-1 AN ACT CONCERNING THE UNIFORM INTERSTATE FAMILY SUPPORT ACT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) Sections 1 to 50, inclusive, of this act may be cited as the Uniform Interstate Family Support Act. Sec. 2. (NEW) As used in sections 1 to 50, inclusive, of this act: (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. (3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. (4) "Governor" means an individual performing the functions of Governor or the executive authority of a state covered by sections 1 to 50, inclusive, of this act. (5) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if such child is less than six months old, the state in which such child lived from birth with such parent or person acting as parent. A period of temporary absence of such parent or person acting as parent is counted as part of the six-month or other period. (6) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the laws of this state. (7) "Income withholding order" means an order or other legal process directed to an obligor's employer, as defined in section 52-362 of the general statutes, as amended by section 58 of this act, to withhold support from the income of the obligor. (8) "Initiating state" means a state from which a proceeding is forwarded under sections 1 to 50, inclusive, of this act, or a law or procedure substantially similar to said sections, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act. (9) "Initiating tribunal" means the authorized tribunal in an initiating state. (10) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining paternity. (11) "Issuing tribunal" means the tribunal which issues a support order or renders a judgment determining paternity. (12) "Law" includes decisional and statutory law and rules and regulations having the force of law. (13) "Obligee" means: (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining paternity has been rendered; (B) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (C) an individual seeking a judgment determining paternity of the individual's child. (14) "Obligor" means an individual, or the estate of a decedent: (A) Who owes or is alleged to owe a duty of support; (B) who is alleged but has not been adjudicated to be a parent of a child; or (C) who is liable under a support order. (15) "Register" means to file a support order or judgment determining paternity in the registry of support orders of the Family Support Magistrate Division of the Superior Court. Such a support order or judgment shall be filed by delivery of the order or judgment for filing to the Support Enforcement Division of the Superior Court which shall maintain the registry on behalf of the Family Support Magistrate Division. (16) "Registering tribunal" means a tribunal in which a support order is registered. (17) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing under sections 1 to 50, inclusive, of this act, or a law or procedure substantially similar to said sections, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act. (18) "Responding tribunal" means the authorized tribunal in a responding state. (19) "Spousal-support order" means a support order for a spouse or former spouse of the obligor. (20) "State" means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian tribe and a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedure under sections 1 to 50, inclusive, of this act, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Enforcement of Support Act. (21) "Support enforcement agency" means a public official or agency authorized to seek: (A) Enforcement of support orders or laws relating to the duty of support; (B) establishment or modification of child support; (C) determination of paternity; or (D) the location of obligors or their assets. (22) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees and other relief. (23) "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine paternity. Sec. 3. (NEW) The Superior Court and the Family Support Magistrate Division of the Superior Court are the tribunals of this state. The Family Support Magistrate Division is the tribunal for the filing of petitions under sections 1 to 50, inclusive, of this act, provided clerical, administrative and other nonjudicial functions in proceedings before the Family Support Magistrate Division may be performed by the Support Enforcement Division of the Superior Court. Sec. 4. (NEW) Remedies provided by sections 1 to 50, inclusive, of this act are cumulative and do not affect the availability of remedies under any other law. Sec. 5. (NEW) Subject to the provisions of subsection (b) of section 46b-46, as amended by section 52 of this act, in a proceeding to establish, enforce or modify a support order or to determine paternity, a tribunal of this state may exercise personal jurisdiction over a nonresident individual if: (1) The individual is personally served with process within this state; (2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance and failing to object to jurisdiction in a timely manner, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) the individual resided with the child in this state; (4) the individual resided in this state and provided prenatal expenses or support for the child; (5) the child resides in this state as a result of the acts or directives of the individual; (6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or (7) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. Sec. 6. (NEW) The Family Support Magistrate Division exercising personal jurisdiction over a nonresident under section 5 of this act, may apply section 29 of this act to receive evidence from another state, and section 31 of this act to obtain discovery through a tribunal of another state. In all other respects, sections 14 to 47, inclusive, of this act do not apply and the Family Support Magistrate Division shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by sections 1 to 50, inclusive, of this act. Sec. 7. (NEW) Under sections 1 to 50, inclusive, of this act, the Family Support Magistrate Division may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. Sec. 8. (NEW) (a) If a petition or comparable pleading is filed in this state after a petition or comparable pleading is filed in another state, the Family Support Magistrate Division may exercise jurisdiction to establish a support order only if: (1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; (2) the contesting party timely challenges the exercise of jurisdiction in the other state; and (3) if relevant, this state is the home state of the child. (b) The Family Support Magistrate Division may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if: (1) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; (2) the contesting party timely challenges the exercise of jurisdiction in this state; and (3) provided it is relevant, the other state is the home state of the child. Sec. 9. (NEW) (a) The Family Support Magistrate Division or the Superior Court issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a child support order: (1) As long as this state remains the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or (2) until all of the parties who are individuals have filed written consents with the Family Support Magistrate Division for a tribunal of another state to modify the order and assume continuing exclusive jurisdiction. (b) The Family Support Magistrate Division or the Superior Court issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to sections 1 to 50, inclusive, of this act. (c) If a child support order of this state is modified by a tribunal of another state pursuant to a law substantially similar to sections 1 to 50, inclusive, of this act, the Family Support Magistrate Division and the Superior Court lose continuing exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only: (1) Enforce the order that was modified as to amounts accruing before the modification; (2) enforce nonmodifiable aspects of that order; and (3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification. (d) The Family Support Magistrate Division and the Superior Court shall recognize the continuing exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to sections 1 to 50, inclusive, of this act. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing exclusive jurisdiction in the issuing tribunal. (f) The Family Support Magistrate Division or Superior Court issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. The Family Support Magistrate Division and the Superior Court may not modify a spousal support order issued by a tribunal of another state having continuing exclusive jurisdiction over that order under the law of that state. Sec. 10. (NEW) (a) The Family Support Magistrate Division may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state. (b) The Family Support Magistrate Division having continuing exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing exclusive jurisdiction of the Family Support Magistrate Division no longer resides in the issuing state, in subsequent proceedings the Family Support Magistrate Division may apply the provisions of section 29 of this act to receive evidence from another state and the provisions of section 31 of this act to obtain discovery through a tribunal of another state. (c) If the Family Support Magistrate Division or Superior Court lacks continuing exclusive jurisdiction over a spousal support order, it may not serve as a responding tribunal to modify a spousal support order of another state. Sec. 11. (NEW) (a) If a proceeding is brought under sections 1 to 50, inclusive, of this act, and only one tribunal has issued a child support order, the order of that tribunal controls and shall be recognized. (b) If a proceeding is brought under sections 1 to 50, inclusive, of this act, and two or more child support orders have been issued by tribunals of this state or another state with regard to the same obligor and child, the family support magistrate shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under sections 1 to 50, inclusive, of this act, the order of that tribunal controls and shall be recognized. (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under sections 1 to 50, inclusive, of this act, an order issued by a tribunal in the current home state of the child controls and shall be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and shall be recognized. (3) If none of the tribunals would have continuing, exclusive jurisdiction under sections 1 to 50, inclusive, of this act, the family support magistrate having jurisdiction over the parties shall issue a child support order which controls and shall be recognized. (c) If two or more child support orders have been issued for the same obligor and child or the individual obligee resides in this state, a party may request a family support magistrate to determine which order controls and is required to be recognized under subsection (b) of this section. The request shall be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (d) The tribunal that issued an order recognized under this section is the tribunal having continuing, exclusive jurisdiction. (e) The family support magistrate which determines by order the identity of the controlling order under subsection (b) of this section or which issues a new controlling order under subdivision (3) of subsection (b) of this section shall state in the order the basis upon which the tribunal made its determination. (f) The family support magistrate shall order the party obtaining the order determining the identity of the controlling order to file, within thirty days after issuance of an order determining the identity of the controlling order, a certified copy of such order with each tribunal that issued or registered an earlier order of child support. The failure to file such order pursuant to this subsection shall not affect the validity or enforceability of the controlling order. Sec. 12. (NEW) In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, the Family Support Magistrate Division shall enforce those orders in the same manner as if the multiple orders had been issued by the Family Support Magistrate Division. Sec. 13. (NEW) Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the Family Support Magistrate Division or the Superior Court. Sec. 14. (NEW) (a) Except as otherwise provided in sections 1 to 50, inclusive, of this act, sections 14 to 32, inclusive, of this act apply to all proceedings under sections 1 to 50, inclusive, of this act. (b) Sections 1 to 50, inclusive, of this act provide for the following proceedings: (1) Establishment of an order for spousal support or child support pursuant to section 33 of this act; (2) enforcement of a support order and income withholding order of another state without registration pursuant to section 34 of this act; (3) registration of an order for spousal support or child support of another state for enforcement pursuant to sections 35 to 46, inclusive, of this act; (4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant to sections 7 to 10, inclusive, of this act; (5) registration of an order for child support of another state for modification pursuant to sections 35 to 46, inclusive, of this act; (6) determination of paternity pursuant to section 47 of this act; and (7) assertion of jurisdiction over nonresidents pursuant to sections 5 and 6 of this act. (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under sections 1 to 50, inclusive, of this act by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. Sec. 15. (NEW) A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Sec. 16. (NEW) Except as otherwise provided by sections 1 to 50, inclusive, of this act, a responding tribunal of this state: (1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and (2) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. Sec. 17. (NEW) (a) Except with respect to the initial petition in a IV-D support case, upon filing of a petition authorized by sections 1 to 50, inclusive, of this act, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. If a petition is the initial petition in a IV-D support case, the initiating tribunal shall forward the three copies of the petition and its accompanying documents to the interstate central registry in the responding state. (b) If a responding state has not enacted a law or procedure substantially similar to sections 1 to 50, inclusive, of this act, the family support magistrate may issue a certificate or other document and make findings required by the law of the other responding state. If the responding state is a foreign jurisdiction, the family support magistrate may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state. Sec. 18. (NEW) (a) When the Family Support Magistrate Division receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of section 14 of this act, the Family Support Magistrate Division, or the Support Enforcement Division acting on its behalf shall promptly cause the petition or pleading to be filed and notify the petitioner by first class mail where and when it was filed. (b) In matters arising under this section, family support magistrates shall have the same powers and authority as provided by law for IV-D support cases. (c) The family support magistrate may not condition the payment of a support order issued under sections 1 to 50, inclusive, of this act upon compliance by a party with provisions for visitation. (d) If the Family Support Magistrate Division issues an order under sections 1 to 50, inclusive, of this act, the Family Support Magistrate Division, or the Support Enforcement Division acting on its behalf, shall send a copy of the order by first class mail to the petitioner and the respondent and to the initiating tribunal, if any. Sec. 19. (NEW) If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall promptly forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by first class mail where and when the pleading was sent. Sec. 20. (NEW) (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under sections 1 to 50, inclusive, of this act. (b) A support enforcement agency that is providing services to the petitioner as appropriate shall: (1) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent; (2) request an appropriate tribunal to set a date, time and place for a hearing; (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) within five days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice by first class mail to the petitioner; (5) within five days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by first class mail to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) The provisions of sections 1 to 50, inclusive, of this act do not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. Sec. 2l. (NEW) (a) The Attorney General shall provide necessary legal services on behalf of the support enforcement agency in providing services to a petitioner under sections 1 to 50, inclusive, of this act. (b) An individual may employ private counsel to represent the individual in proceedings authorized by sections 1 to 50, inclusive, of this act. Sec. 22. (NEW) If the Commissioner of Social Services determines the support enforcement agency is neglecting or refusing to provide services to an individual, the commissioner may provide those services directly to the individual. Sec. 23. (NEW) (a) The Support Enforcement Division of the Superior Court is the state information agency under sections 1 to 50, inclusive, of this act. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under sections 1 to 50, inclusive, of this act and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) maintain a registry of tribunals and support enforcement agencies received from other states; (3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under sections 1 to 50, inclusive, of this act received from an initiating tribunal or the state information agency of the initiating state; and (4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution. (c) In addition to its duties as the state information agency the Support Enforcement Division of the Superior Court shall maintain a registry of support orders and judgments in the Family Support Magistrate Division of the Superior Court and shall perform such clerical, administrative and other nonjudicial functions on behalf of the Family Support Magistrate Division as may be required, or as are otherwise agreed upon, pursuant to sections 1 to 50, inclusive, of this act and sections 46b-62 of the general statutes, as amended by section 54 of this act, 46b-69 of the general statutes, as amended by section 55 of this act, 46b-179a of the general statutes, as amended by section 59 of this act, 46b-179b of the general statutes, as amended by section 60 of this act, 46b-207 of the general statutes, as amended by section 63 of this act, 46b-208 of the general statutes, as amended by section 64 of this act, 46b-231 of the general statutes, as amended by section 67 of this act, 52-362 of the general statutes, as amended by section 71 of this act, and 52-362f of the general statutes, as amended by section 72 of this act. Sec. 24. (NEW) (a) A petitioner seeking to establish or modify a support order or to determine paternity in a proceeding under sections 1 to 50, inclusive, of this act must verify the petition. Unless otherwise ordered under section 25 of this act, the petition or accompanying documents must provide, so far as known, the name, residential address and Social Security numbers of the obligor and the obligee, and the name, sex, residential address, Social Security number and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. Sec. 25. (NEW) Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under sections 1 to 50, inclusive, of this act. Sec. 26. (NEW) (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Sec. 27. (NEW) (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under sections 1 to 50, inclusive, of this act. (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under sections 1 to 50, inclusive, of this act committed by a party while present in this state to participate in the proceeding. Sec. 28. (NEW) A party whose paternity of a child has been previously determined by or pursuant to law may not plead nonpaternity as a defense to a proceeding under sections 1 to 50, inclusive, of this act. Sec. 29. (NEW) (a) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining paternity. (b) A verified petition, affidavit, document substantially complying with federally-mandated forms and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state. (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made. (d) Copies of bills for testing for paternity and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary. (e) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. (f) In a proceeding under sections 1 to 50, inclusive, of this act, the family support magistrate may permit a party or witness residing in another state to testify by telephone or other electronic means, if available, and such costs for such testimony shall be assessed to the party requesting such method of providing testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under sections 1 to 50, inclusive, of this act. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under sections 1 to 50, inclusive, of this act. Sec. 30. (NEW) A family support magistrate may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding in the other state. A family support magistrate may furnish similar information by similar means to a tribunal of another state. Sec. 31. (NEW) A family support magistrate may: (1) Request a tribunal of another state to assist in obtaining discovery; and (2) upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. Sec. 32. (NEW) The Child Support Enforcement Bureau of the Department of Social Services or its designated collection agent, and any tribunal shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The bureau, agent or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. Sec. 33. (NEW) (a) If a support order entitled to recognition under sections 1 to 50, inclusive, of this act has not been issued, a family support magistrate may issue a support order if: (1) The individual seeking the order resides in another state; or (2) the support enforcement agency seeking the order is located in another state. (b) The family support magistrate may issue a temporary child support order if: (1) The respondent has signed a verified statement acknowledging paternity; (2) the respondent has been determined by or pursuant to law to be the parent; or (3) there is clear and convincing evidence of paternity which evidence shall include, but not be limited to, genetic test results indicating a ninety-nine per cent or greater probability that such respondent is the father of the child. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 18 of this act. Sec. 34. (NEW) (a) A party seeking to enforce a support order or an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to the Support Enforcement Division. (b) Upon receipt of the documents, the Support Enforcement Division, with the assistance of the Child Support Enforcement Bureau of the Department of Social Services, as appropriate, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall file the order with the Support Enforcement Division of the Superior Court to be recorded in the register of support orders of the Family Support Magistrate Division. (c) The Support Enforcement Division shall respond within five business days to a request made by another state for administrative enforcement pursuant to this section, and maintain records of the number of requests received, the number of such cases resulting in collection and the amounts collected. The Support Enforcement Division or the child support enforcement bureau may request similar assistance from other states. Any such request shall constitute a certification to such other state of the amount in arrears under the court order and that all procedural requirements have been satisfied. Sec. 35. (NEW) A support order or an income withholding order issued by a tribunal of another state may be registered in this state for enforcement with the register of support orders of the Family Support Magistrate Division maintained by the Support Enforcement Division of the Superior Court. Sec. 36. (NEW) (a) A support order or income withholding order of another state may be registered in this state by sending the following documents and information to the Support Enforcement Division for filing in the registry of support orders of the Family Support Magistrate Division: (1) A letter of transmittal to the Support Enforcement Division requesting registration and enforcement; (2) two copies, including one certified copy, of all orders to be registered, including any modification of an order; (3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) the name of the obligor and, if known: (A) The obligor's address and Social Security number; (B) the name and address of the obligor's employer and any other source of income of the obligor; and (C) a description and the location of property of the obligor in this state not exempt from execution; (5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted; and (6) a statement disclosing whether or not any other action or proceeding is currently pending concerning the support of the child who is the subject of such support order. (b) On receipt of a request for registration, the Support Enforcement Division shall cause the order to be filed as a foreign judgment in the registry of support orders of the Family Support Magistrate Division, together with one copy of the documents and information, regardless of their form. (c) A petition or comparable pleading seeking a remedy that is required to be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought. Sec. 37. (NEW) (a) A support order or income withholding order issued in another state is registered when the order is filed with the Support Enforcement Division for registration in the registry of support orders. (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state. (c) Except as otherwise provided in sections 35 to 46, inclusive, of this act, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. Sec. 38. (NEW) (a) The law of the issuing state governs the nature, extent, amount and duration of current payments and other obligations of support and the payment of arrearages under the order. (b) In a proceeding for arrearages, the statute of limitations under the laws of this state or of the issuing state, whichever is longer, applies. Sec. 39. (NEW) (a) When a support order or income withholding order issued in another state is registered, the Family Support Magistrate Division or the Support Enforcement Division acting on its behalf, shall notify the nonregistering party. Notice must be given by first class, certified or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) The notice must inform the nonregistering party: (1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (2) that a hearing before the Family Support Magistrate Division to contest the validity or enforcement of the registered order must be requested within twenty days after the date of mailing or personal service of the notice; (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) of the amount of any alleged arrearages. (c) Upon registration of an income withholding order for enforcement, the Family Support Magistrate Division, or the Support Enforcement Division acting on its behalf, shall notify the obligor's employer pursuant to section 52-362 of the general statutes, as amended by section 58 of this act. Sec. 40. (NEW) (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing before the Family Support Magistrate Division within twenty days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 41 of this act. (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the Family Support Magistrate Division shall schedule the matter for hearing and give notice to the parties by first class mail of the date, time and place of the hearing. Sec. 41. (NEW) (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) the order was obtained by fraud; (3) the order has been vacated, suspended or modified by a later order; (4) the issuing tribunal has stayed the order pending appeal; (5) there is a defense under the law of this state to the remedy sought; (6) full or partial payment has been made; or (7) the statute of limitations under section 38 of this act precludes enforcement of some or all of the arrearages. (b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state. (c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. Sec. 42. (NEW) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Sec. 43. (NEW) A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in sections 35 to 38, inclusive, of this act if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. Sec. 44. (NEW) A family support magistrate may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a family support magistrate, but the registered order may be modified only if the requirements of section 45 of this act have been met. Sec. 45. (NEW) (a) After a child support order issued in another state has been registered in this state, a family support magistrate may modify that order only if, after notice and hearing, he finds that: (1) The following requirements are met: (A) The child, the individual obligee and the obligor do not reside in the issuing state; (B) a petitioner who is a nonresident of this state seeks modification; and (C) the respondent is subject to the personal jurisdiction of the Family Support Magistrate Division; or (2) the child or party who is an individual is subject to the personal jurisdiction of the Family Support Magistrate Division and all of the parties who are individuals have filed written consents in the issuing tribunal for a family support magistrate to modify the support order and assume continuing exclusive jurisdiction over the order provided if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to sections 1 to 50, inclusive, of this act, the consent otherwise required of an individual residing in this state is not required for the family support magistrate to assume jurisdiction to modify a child support order. (b) Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by the Family Support Magistrate Division and the order may be enforced and satisfied in the same manner. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and shall be so recognized under section 11 of this act establishes the aspects of the support order which are nonmodifiable. (c) A family support magistrate may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and shall be so recognized under section 11 of this act establishes the aspects of the support order which are nonmodifiable. (d) On issuance of an order modifying a child support order issued in another state, the Family Support Magistrate Division becomes the tribunal of continuing exclusive jurisdiction. (e) The family support magistrate shall order the party obtaining the modification of a child support order to file, within thirty days after issuance of such modification order, a certified copy of such order with each tribunal that issued or registered an earlier order of child support. The failure to file such orders pursuant to this subsection shall not affect the validity or enforceability of the controlling order. Sec. 46. (NEW) The Family Support Magistrate Division or Superior Court shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to sections 1 to 50, inclusive, of this act and, upon request, except as otherwise provided in said sections, shall: (1) Enforce the order that was modified only as to amounts accruing before the modification; (2) enforce only nonmodifiable aspects of that order; (3) provide other appropriate relief only for violations of that order which occurred before the effective date of modification; and (4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement. Sec. 47. (NEW) (a) The Family Support Magistrate Division may serve as an initiating or responding tribunal in a proceeding brought under sections 1 to 50, inclusive, of this act or a law substantially similar to said sections, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of such child. (b) In a proceeding to determine paternity, the Family Support Magistrate Division shall apply the procedural and substantive law of this state and the rules of this state on choice of law. Sec. 48. (NEW) (a) The Governor of this state may: (1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (b) A provision for extradition of individuals not inconsistent with sections 1 to 50, inclusive, of this act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. Sec. 49. (NEW) (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a state's attorney or assistant state's attorney to demonstrate that at least sixty days' previously the obligee had initiated proceedings for support pursuant to sections 1 to 50, inclusive, of this act or that the proceeding would be of no avail. (b) If, under sections 1 to 50, inclusive, of this act or a law substantially similar to said sections, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a state's attorney or assistant state's attorney to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective, but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. Sec. 50. (NEW) Sections 1 to 50, inclusive, of this act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of said sections, among states enacting this uniform act. Sec. 51. Subsection (b) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof: (b) [Any] EXCEPT AS PROVIDED IN SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, ANY court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. [Any] EXCEPT AS PROVIDED IN SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, ANY support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including the Support Enforcement Division in AFDC support cases as defined in subsection (b) of section 46b-231, AS AMENDED BY SECTION 67 OF THIS ACT, upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in [section 46b-197] SECTIONS 43, 44 AND 45 OF THIS ACT. No such support orders may be subject to retroactive modification except that the court or family support magistrate may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50. Sec. 52. Subsection (b) of section 46b-46 of the general statutes is repealed and the following is substituted in lieu thereof: (b) The court may exercise personal jurisdiction over the nonresident party as to all matters concerning temporary or permanent alimony or support of children, only if: (1) The nonresident party has received actual notice under subsection (a) of this section; and (2) the party requesting alimony [or support of children] meets the residency requirement of section 46b-44. Sec. 53. Section 46b-49 of the general statutes is repealed and the following is substituted in lieu thereof: When it considers it necessary in the interests of justice and the persons involved, the court shall, upon the motion of either party or of counsel for any minor children, direct the hearing of any matter under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, [46b-204,] 47-14g, 51-348a and 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, to be private. The court may exclude all persons except the officers of the court, a court reporter, the parties, their witnesses and their counsel. Sec. 54. Section 46b-62 of the general statutes is repealed and the following is substituted in lieu thereof: In any proceeding seeking relief under the provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, [46b-204] 1 TO 50, INCLUSIVE, OF THIS ACT, 47-14g, 51-348a and 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, the court may order either spouse or, if such proceeding concerns the custody, care, education, visitation or support of a minor child, either parent to pay the reasonable attorney's fees of the other in accordance with their respective financial abilities and the criteria set forth in section 46b-82. If, in any proceeding under this chapter and said sections, the court appoints an attorney for a minor child, the court may order the father, mother or an intervening party, individually or in any combination, to pay the reasonable fees of the attorney or may order the payment of the attorney's fees in whole or in part from the estate of the child. If the child is receiving or has received state aid or care, the reasonable compensation of the attorney shall be established by, and paid from funds appropriated to, the Judicial Department. Sec. 55. Section 46b-69 of the general statutes is repealed and the following is substituted in lieu thereof: The provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, [46b-204,] 47-14g, 51-348a and 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, shall apply to all actions for dissolution of marriage, annulment and legal separation filed after May 13, 1974, to all actions for annulment, legal separation or dissolution of marriage commenced prior to said date and to appeals from, and motions for modification of, any alimony, support or custody order entered pursuant to a decree of dissolution of a marriage, divorce, legal separation or annulment rendered prior to said date. The provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, [46b-204,] 47-14g, 51-348a and 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, in effect on October 1, 1973, shall continue to apply to any action for dissolution of marriage, annulment or legal separation in which a decree of the Superior Court has been rendered after October 1, 1973, in which an appeal is pending or in which the date of taking an appeal has not expired on May 13, 1974, except an appeal from any order of alimony or custody. Sections 46-13 to 46-30, inclusive, of the general statutes of Connecticut, revision of 1958, revised to 1972, shall continue to apply to any action for divorce, dissolution of a marriage, annulment or legal separation in which a decree has been rendered and in which an appeal is pending or in which the time for taking an appeal had not expired on October 1, 1973, except an appeal from any order of alimony, support or custody. Sec. 56. Section 46b-160 of the general statutes is repealed and the following is substituted in lieu thereof: (a) Proceedings to establish paternity of a child born or conceived out of lawful wedlock, including one born to, or conceived by, a married woman but begotten by a man other than her husband, shall be commenced by the service on the putative father of a verified petition of the mother or expectant mother. The verified petition, summons and order shall be filed in the superior court for the judicial district in which either she or the putative father resides, except that in IV-D support cases as defined in subsection (b) of section 46b-231, AS AMENDED BY SECTION 67 OF THIS ACT, AND IN PETITIONS BROUGHT UNDER SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, such petition shall be filed with the clerk for the Family Support Magistrate Division serving the judicial district where either she or the putative father resides. In cases involving public assistance recipients the petition shall also be served upon the Attorney General who shall be and remain a party to any paternity proceeding and to any proceedings after judgment in such action. The court or any judge, or family support magistrate, assigned to said court shall cause a summons, signed by him, by the clerk of said court, or by a commissioner of the Superior Court to be issued, requiring the putative father to appear in court at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons to show cause, if any he has, why the request for relief in such petition should not be granted. A sheriff, proper officer or investigator shall make due returns of process to the court not less than twenty-one days before the date assigned for hearing. Such petition, summons and order shall be on forms prescribed by the Office of the Chief Court Administrator. In the case of a child or expectant mother being supported wholly or in part by the state, service of such petition may be made by any investigator employed by the Department of Social Services and any proper officer authorized by law. Such petition may be brought at any time prior to the child's eighteenth birthday, provided liability for past support shall be limited to the three years next preceding the date of the filing of any such petition. If the putative father fails to appear in court at such time and place, the court or family support magistrate may hear the petitioner and enter such judgment and order as the facts may warrant. Such court or family support magistrate may order continuance of such hearing; and if such mother or expectant mother continues constant in her accusation, it shall be evidence that the respondent is the father of such child. [(b) When such petition has been filed with the Family Support Magistrate Division in a IV-D case, the case shall be tried by the family support magistrate unless one of the parties demands trial by jury in accordance with section 46b-164, in which event the family support magistrate shall refer the case to the Superior Court for trial. (c)] (b) If the putative father resides out of or is absent from the state, notice required for the exercise of jurisdiction over such putative father shall be actual notice, and shall be in the manner prescribed for personal service of process by the law of the place in which service is made. [(d)] (c) In any proceeding to establish paternity, the court or family support magistrate may exercise personal jurisdiction over a nonresident putative father if the court or magistrate finds that the putative father was personally served in this state or that the putative father resided in this state and while residing in this state (1) paid prenatal expenses for the mother and support for the child, (2) resided with the child and held himself out as the father of the child, or (3) paid support for the child and held himself out as the father of the child, provided the nonresident putative father has received actual notice of the pending petition for paternity pursuant to subsection (c) of this section. [(e)] (d) The petition, when served pursuant to subsection (c) of this section, shall be accompanied by an answer form, a notice to the putative father and an application for appointment of counsel, written in clear and simple language designed for use by pro se defendants. [(f)] (e) (1) The answer form shall require the putative father to indicate whether he admits that he is the father, denies that he is the father or does not know whether he is the father of the child. Any response to the answer form shall not be deemed to waive any jurisdictional defense. (2) The notice to the putative father shall inform him that (A) he has a right to be represented by an attorney, and if he is indigent, the court will appoint an attorney for him, (B) if he is found to be the father, he will be required to financially support the child until the child attains the age of eighteen years, (C) if he does not admit he is the father, the court or family support magistrate may order a genetic test to determine paternity and that the cost of such test shall be paid by the state in IV-D support cases, and in non-IV-D cases shall be paid by the petitioner, except that if he is subsequently adjudicated to be the father of the child, he shall be liable to the state or the petitioner, as the case may be, for the amount of such cost and (D) if he fails to return the answer form or fails to appear for a scheduled genetic test without good cause, a default judgment may be entered. (3) The application for appointment of counsel shall include a financial affidavit. [(g)] (f) If the court or family support magistrate may exercise personal jurisdiction over the nonresident putative father pursuant to subsection (d) of this section and the answer form is returned and the putative father does not admit paternity, the court shall order the mother, the child and the putative father to submit to genetic tests. Such order shall be served upon the putative father in the same manner as provided in subsection (c) of this section. The genetic test of the putative father, unless he requests otherwise, shall be made in the state where the putative father resides at a location convenient to him. The costs of such test shall be paid by the state in IV-D support cases, and in non-IV-D cases shall be paid by the petitioner, except that if the putative father is subsequently adjudicated the father of the child, he shall be liable to the state or the petitioner, as the case may be, for the amount of the costs. [(h)] (g) The court or family support magistrate may enter a default judgment against a nonresident putative father if such putative father (1) fails to answer or otherwise respond to the petition, or (2) fails to appear for a scheduled genetic test without good cause. No judge or family support magistrate may enter a default judgment against a nonresident putative father unless (A) there is evidence that the nonresident putative father has received actual notice of the petition pursuant to subsection (c) of this section and (B) there is verification that the process served upon the putative father included the answer form, notice to the defendant and an application for appointment of counsel required by subsection (e) of this section. Upon entry of a default judgment, a copy of the judgment and a form for a motion to reopen shall be served upon the father in the same manner as provided in subsection (c) of this section. Sec. 57. Section 46b-170 of the general statutes is repealed and the following is substituted in lieu thereof: No such petition shall be withdrawn except upon approval of a judge or in IV-D support cases as defined in subsection (b) of section 46b-231, AS AMENDED BY SECTION 67 OF THIS ACT, AND PETITIONS BROUGHT UNDER SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, the family support magistrate assigned to the judicial district in which the petition was brought. Any agreement of settlement, before or after a petition has been brought, other than an agreement made under the provisions of section 46b-172, between the mother and putative father shall take effect only upon approval of the terms thereof by a judge of the Superior Court, or family support magistrate assigned to the judicial district in which the mother or the putative father resides and, in the case of children supported by the state or the town, on the approval of the Commissioner of Social Services or the Attorney General. When so approved, such agreements shall be binding upon all persons executing them, whether such person is a minor or an adult. Sec. 58. Section 46b-172 of the general statutes is repealed and the following is substituted in lieu thereof: (a) In lieu of or in conclusion of proceedings under section 46b-160, the written acknowledgment of paternity executed by the putative father of the child when accompanied by an attested waiver of the right to a blood test, the right to a trial and the right to an attorney and a written affirmation of paternity executed and sworn to by the mother of the child and filed with the Superior Court, for the judicial district in which the mother of the child or the putative father resides shall have the same force and effect as a judgment of that court; and an agreement to support the child by payment of a periodic sum until the child attains the age of eighteen years, together with provisions for reimbursement for past due support based upon ability to pay in accordance with the provisions of section 17b-81, 17b-223, subsection (b) of section 17b-179, section 17a-90, 46b-129 or 46b-130, and reasonable expense of prosecution of the petition, when filed with, and approved by a judge of said court, or in IV-D support cases AND MATTERS BROUGHT UNDER SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, a family support magistrate at any time, shall have the same force and effect, retroactively or prospectively in accordance with the terms of said agreement, as an order of support entered by that court, and shall be enforceable and subject to modification in the same manner as is provided by law for orders of the court in such cases. Past due support in such cases shall be limited to the three years next preceding the date of the filing of such agreements to support. Payments under such agreement shall be made to the petitioner, except that in such other non-IV-D support cases payable through the Support Enforcement Division and in IV-D support cases, as defined in subsection (b) of section 46b-231, AS AMENDED BY SECTION 67 OF THIS ACT, payments shall be made to the [Bureau of Collection Services] BUREAU OF CHILD SUPPORT ENFORCEMENT OR ITS DESIGNATED COLLECTION AGENT. Such written affirmations, waivers, acknowledgments and agreements to support shall be on forms prescribed by the Office of the Chief Court Administrator and shall be sworn to, and shall be binding on the person executing the same whether he is an adult or a minor. Such mother shall not be excused from making such affirmation on the ground that it may tend to disgrace or incriminate her; nor shall she thereafter be prosecuted for any criminal act involved in the conception of the child as to whose paternity she makes affirmation. (b) At any time after the filing with the court of any acknowledgment of paternity, upon the application of any interested party, the court or any judge thereof or any family support magistrate in IV-D support cases AND IN MATTERS BROUGHT UNDER SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, shall cause a summons, signed by him, by the clerk of said court or by a commissioner of the Superior Court, to be issued, requiring the putative father to appear in court at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons, to show cause, if any he has, why the court or the family support magistrate assigned to the judicial district in IV-D support cases should not enter judgment for support of the child by payment of a periodic sum until the child attains the age of eighteen years, together with provision for reimbursement for past due support based upon ability to pay in accordance with the provisions of section 17b-81, 17b-223, subsection (b) of section 17b-179, section 17a-90, 46b-129 or 46b-130, and reasonable expense of the action under this subsection on the acknowledgment of paternity previously filed with said court. The application, summons and order shall be on forms prescribed by the Office of the Chief Court Administrator. Proceedings to obtain such orders of support shall be commenced by the service of such summons on the putative father. A sheriff or proper officer shall make due return of process to the court not less than twenty-one days before the date assigned for hearing. The prior judgment as to paternity shall be res judicata for all paternity acknowledgments filed with the court on or after March 1, 1981, as to that issue and shall not be reconsidered by the court, unless the person seeking review of the acknowledgment petitions the superior court for the judicial district having venue for a hearing on the issue of paternity within three years of such judgment. In addition to such review, if the acknowledgment of paternity was filed prior to March 1, 1981, the acknowledgment of paternity may be reviewed by denying the allegation of paternity in response to the initial petition for support, whenever it is filed. All such payments shall be made to the petitioner, except that in such other non-IV-D support cases payable through the Support Enforcement Division and in IV-D support cases, as defined in subsection (b) of section 46b-231, AS AMENDED BY SECTION 67 OF THIS ACT, payments shall be made to the [Bureau of Collection Services] BUREAU OF CHILD SUPPORT ENFORCEMENT OR ITS DESIGNATED COLLECTION AGENCY. (c) Whenever a petition is filed for review of an acknowledgment of paternity of a child who is or has been supported by the state, and review of such acknowledgment of paternity is granted by the court pursuant to subsection (b) of this section, and upon review, the court or family support magistrate finds that the petitioner is not the father of the child, the Department of Social Services shall refund to the petitioner any money paid by the petitioner to the state during any period such child was supported by the state. Sec. 59. Section 46b-179a of the general statutes is repealed and the following is substituted in lieu thereof: (a) The [court] SUPPORT ENFORCEMENT DIVISION OF THE SUPERIOR COURT shall maintain a registry IN THE FAMILY SUPPORT MAGISTRATE DIVISION of paternity judgments from other states. Any party to an action in which a paternity judgment from another state was rendered may register the foreign paternity judgment in [a court of this state] THE REGISTRY MAINTAINED BY THE SUPPORT ENFORCEMENT DIVISION without payment of a filing fee or other cost to the party. (b) The party shall file a certified copy of the foreign paternity judgment and a certification that such judgment is final and has not been modified, altered, amended, set aside or vacated and that the enforcement of such judgment has not been stayed or suspended. Such certificate shall set forth the full name and last-known address of the other party to the judgment. Sec. 60. Section 46b-179b of the general statutes is repealed and the following is substituted in lieu thereof: Such foreign paternity judgment, ON THE FILING WITH THE REGISTRY MAINTAINED BY THE SUPPORT ENFORCEMENT DIVISION, shall become a judgment of the [court of this state where it is filed] FAMILY SUPPORT MAGISTRATE DIVISION OF THE SUPERIOR COURT and shall be enforced and otherwise treated in the same manner as a judgment of [a court in this state] THE FAMILY SUPPORT MAGISTRATE DIVISION. A foreign paternity judgment so filed shall have the same effect and may be enforced in the same manner as any like judgment of a [court] FAMILY SUPPORT MAGISTRATE of this state, provided no such judgment shall be enforced for a period of twenty days after the filing thereof. Sec. 61. Section 46b-179c of the general statutes is repealed and the following is substituted in lieu thereof: Within five days of the filing of the judgment and certification in accordance with section 46b-179a, the party filing such judgment shall notify the other party to the paternity action of the filing of such judgment by registered mail at his last-known address or by personal service. The [court] FAMILY SUPPORT MAGISTRATE DIVISION shall not enforce any such foreign paternity judgment until proof of service has been filed with the court. Sec. 62. Section 46b-179d of the general statutes is repealed and the following is substituted in lieu thereof: If either party files an affidavit with the [court] FAMILY SUPPORT MAGISTRATE DIVISION that an appeal from the foreign paternity judgment is pending in the foreign state, or will be taken, or that a stay of execution has been granted, the [court] FAMILY SUPPORT MAGISTRATE DIVISION will stay enforcement of the foreign paternity judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated. Sec. 63. Section 46b-207 of the general statutes is repealed and the following is substituted in lieu thereof: The court is authorized to establish and maintain a Support Enforcement Division and such division offices as it determines are necessary for the proper handling of the administrative details incident to proceedings under [this part] SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, and may appoint such personnel as necessary for the proper administration of the nonjudicial functions of proceedings under [this part] SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT. Sec. 64. Section 46b-208 of the general statutes is repealed and the following is substituted in lieu thereof: The support service investigators of the Support Enforcement Division of the Superior Court shall, while acting within the scope of their duties as such, pursuant to matters under [this part] SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, have the powers of service and of execution of summons and orders for withholding, and the conduct of investigations. Sec. 65. Subsection (e) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof: (e) Any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. Any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification upon a showing of a substantial change in the circumstances of either party or upon a showing that such support order substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. No such support orders may be subject to retroactive modification, except that the court or family support magistrate may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of the notice of such pending motion upon the opposing party pursuant to section 52-50. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in [section 46b-197] SECTIONS 43, 44 AND 45 OF THIS ACT. Sec. 66. Section 46b-215b of the general statutes is repealed and the following is substituted in lieu thereof: (a) The child support and arrearage guidelines promulgated pursuant to section 8 of public act 85-548* and any updated guidelines issued pursuant to section 46b-215a shall be considered in all determinations of child support amounts and payment on arrearages and past due support within the state. In all such determinations there shall be a rebuttable presumption that the amount of such awards which resulted from the application of such guidelines is the amount of support or payment on any arrearage or past due support to be ordered. A specific finding on the record that the application of the guidelines would be inequitable or inappropriate in a particular case, as determined under criteria established by the commission under section 46b-215a, shall be sufficient to rebut the presumption in such case. (b) In any proceeding for the establishment or modification of a child support award, the child support guidelines shall be considered in addition to and not in lieu of the criteria for such awards established in sections 46b-84, 46b-86, 46b-130, 46b-171, 46b-172, [46b-198,] 46b-215, AS AMENDED BY SECTION 65 OF THIS ACT, 17b-179 and 17b-745, AS AMENDED BY SECTION 51 OF THIS ACT. Sec. 67. Section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof: (a) This section shall be known and may be cited as the "Family Support Magistrate's Act". (b) For the purposes of this section: (1) "AFDC cases" are cases in which an individual is receiving benefits under Title IV-A of the Social Security Act; (2) "Chief Family Support Magistrate" means the family support magistrate designated by the Chief Court Administrator as provided in subsection (f) of this section to determine and enforce child support orders under this section and designated to administer proceedings to enforce such orders; (3) "Child support enforcement services" means the services provided for the establishment and enforcement of support by the department pursuant to Title IV-D of the Social Security Act; (4) "Commissioner" means the Commissioner of Social Services, a designee or authorized representative; (5) "Connecticut Child Support Enforcement Bureau" means a division within the Department of Social Services established pursuant to section 17b-179; (6) "Department" means the Department of Social Services or any bureau, division or agency of the Department of Social Services; (7) "Family Support Magistrate Division" means a division of the Superior Court created by this section for the purpose of establishing and enforcing child and spousal support in IV-D cases AND IN CASES BROUGHT PURSUANT TO SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, utilizing quasi-judicial proceedings; (8) "Family support magistrate" means a person, appointed as provided in subsection (f) of this section to establish and enforce child and spousal support orders; (9) "Foster care cases" are cases in which children are receiving foster care under Title IV-E of the Social Security Act; (10) "Law" includes both common and statute law; (11) "Obligee" means any person to whom a duty of support is owed; (12) "Obligor" means any person owing a duty of support; (13) "IV-D agency" means the agency created by section 17b-179, the Child Support Enforcement Bureau of the Department of Social Services, to administer the child support program mandated by Title IV-D of the Social Security Act; (14) "IV-D support cases" are actions for child and spousal support under Title IV-D of the Social Security Act and include cases in which support rights have been assigned to the state in AFDC cases and in foster care cases or cases in which a person has applied, prior to October 1, 1993, to the Support Enforcement Division of the Superior Court, or applied, on or after October 1, 1993, to the Department of Social Services, for child-support enforcement services. (c) The remedies herein provided are in addition to and not in substitution for any other remedy. (d) There is created the Family Support Magistrate Division of the Superior Court for the purpose of the impartial administration of child and spousal support. (e) Repealed by P.A. 91-190, S. 8, 9. (f) The Family Support Magistrate Division shall include nine family support magistrates who shall be appointed by the Governor to serve in that capacity for a term of three years. A family support magistrate may be reappointed upon completion of his term of office by the Governor. To be eligible for appointment, a family support magistrate must have engaged in the practice of law for five years prior to his appointment and shall be experienced in the field of family law. He shall devote full time to his duties as a family support magistrate and shall not engage in the private practice of law. A family support magistrate may be removed from office by the Governor for cause. (g) A Chief Family Support Magistrate shall be designated by the Chief Court Administrator of the Superior Court from among the nine family support magistrates appointed by the Governor pursuant to subsection (f) of this section. Under the direction of the Chief Court Administrator, the Chief Family Support Magistrate shall supervise the Family Support Magistrate Division and submit an annual report to the Chief Court Administrator and perform such other duties as provided in this section. (h) (1) On and after January 1, 1993, the Chief Family Support Magistrate shall receive a salary of seventy-two thousand seven hundred ninety-one dollars, and other family support magistrates shall receive an annual salary of sixty-eight thousand two hundred seventy-one dollars. (2) On and after July 1, 1995, the Chief Family Support Magistrate shall receive a salary of seventy-four thousand nine hundred seventy-five dollars, and other family support magistrates shall receive an annual salary of seventy thousand three hundred nineteen dollars. (3) On and after July 1, 1996, the Chief Family Support Magistrate shall receive a salary of seventy-seven thousand two hundred twenty-four dollars, and other family support magistrates shall receive an annual salary of seventy-two thousand four hundred twenty-nine dollars. (i) (1) Family support magistrates shall be included under the provisions of chapters 65 and 66 regarding retirement and disability of state employees. Each such individual shall receive full retirement credit for each year or portion thereof for which retirement benefits are paid while serving as a family support magistrate. (2) Any family support magistrate holding such office on June 22, 1992, may elect to be included within the provisions of sections 51-49, 51-49a, 51-49b, 51-49c, 51-49d, 51-49h, 51-50a and 51-50b, or to continue to be subject to the provisions of subdivision (1) of this subsection. (j) The Chief Court Administrator shall designate assistant clerks for the Family Support Magistrate Division to serve in judicial districts created pursuant to section 51-344 and such other assistant clerks and other employees as may be necessary for the operation of the Family Support Magistrate Division. The assistant clerk designated to serve in a judicial district for the Family Support Magistrate Division shall promptly notify the obligee and the obligor or the attorney for the obligee or obligor of any support order entered by a family support magistrate assigned to such judicial district. Such notice shall set forth in full the terms of the support order entered by the family support magistrate. The administrative judge for each judicial district may also assign clerks or administrative clerks for the judicial district to serve as assistant clerks or administrative clerks in his judicial district for the Family Support Magistrate Division. (k) The Chief Court Administrator shall arrange for the recording of all hearings before the family support magistrate by contract or otherwise. (l) The judges of the Superior Court shall adopt rules of procedure in accordance with the provisions of section 51-14 for the handling BY MAGISTRATES of IV-D support cases [by magistrates] AND IN CASES BROUGHT PURSUANT TO SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT. Such rules of procedure shall conform when applicable to rules adopted for the Superior Court. (m) The Chief Family Support Magistrate and the family support magistrates shall have the powers and duties enumerated in this subsection. (1) A family support magistrate in IV-D support cases may compel the attendance of witnesses or the obligor under a summons issued pursuant to sections 17b-745, AS AMENDED BY SECTION 51 OF THIS ACT, 46b-172, AS AMENDED BY SECTION 58 OF THIS ACT, and 46b-215, AS AMENDED BY SECTION 65 OF THIS ACT, or under a subpoena issued pursuant to section 52-143, or a citation for failure to obey an order of a family support magistrate or a judge of the Superior Court. If a person is served with a summons, subpoena or citation issued by the family support magistrate or the assistant clerk of the Family Support Magistrate Division and fails to appear, a family support magistrate may issue a capias mittimus directed to some proper officer to arrest the obligor or the witness and bring him before a family support magistrate. Whenever such a capias mittimus is ordered, the family support magistrate shall establish a recognizance to the state of Connecticut in the form of a bond of such character and amount as to assure the appearance of the obligor at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. If the obligor posts such a bond, and thereafter fails to appear before the family support magistrate at the time and place he is ordered to appear, the family support magistrate may order the bond forfeited, and the proceeds thereof paid to the state in AFDC cases or the obligee in non-AFDC cases. (2) Family support magistrates shall hear and determine matters involving child and spousal support in IV-D support cases including petitions for support brought pursuant to sections 17b-81, 17b-179, 17b-745, AS AMENDED BY SECTION 51 OF THIS ACT, and 46b-215, AS AMENDED BY SECTION 65 OF THIS ACT; applications for show cause orders in IV-D support cases brought pursuant to subsection (b) of section 46b-172, AS AMENDED BY SECTION 58 OF THIS ACT, and actions for interstate enforcement of child and spousal support AND PATERNITY under sections [46b-180 to 46b-211, inclusive] 1 TO 50, INCLUSIVE, OF THIS ACT, and shall hear and determine all motions for modifications of child and spousal support in such cases. A family support magistrate shall not modify an order for periodic payment on an arrearage due the state for state assistance which has been discontinued to increase such payments, unless the family support magistrate first determines that the state has made a reasonable effort to notify the current recipient of child support, at the most current address available to the IV-D agency, of the pendency of the motion to increase such periodic arrearage payments and of the time and place of the hearing on such motion. If such recipient appears, either personally or through a representative, at such hearing, the family support magistrate shall determine whether the order in effect for child support is reasonable in relation to the current financial circumstances of the parties, prior to modifying an order increasing such periodic arrearage payments. (3) Family support magistrates shall review and approve or modify all agreements for support in IV-D support cases filed with the Family Support Magistrate Division in accordance with sections 17b-179, 17b-745, AS AMENDED BY SECTION 51 OF THIS ACT, 46b-172, AS AMENDED BY SECTION 58 OF THIS ACT, 46b-215, AS AMENDED BY SECTION 65 OF THIS ACT, and subsection (c) of section 53-304. (4) Motions for modification of existing child and spousal support orders entered by the Superior Court in IV-D support cases, including motions to modify existing child and spousal support orders entered in actions brought pursuant to chapter 815j, shall be brought in the Family Support Magistrate Division and decided by a family support magistrate, except that an order to modify existing child and spousal support orders entered in actions brought pursuant to chapter 815j shall be subject to the approval of a judge of the Superior Court and may be modified by such judge. Family support magistrates, in deciding if a spousal or child-support order should be modified, shall make such determination based upon the criteria set forth in section 46b-84 and section 46b-215b, AS AMENDED BY SECTION 66 OF THIS ACT. A person who is aggrieved by a decision of a family support magistrate modifying a superior court order is entitled to appeal such decision in accordance with the provisions of subsection (n) of this section. (5) Proceedings to establish paternity in IV-D support cases shall be filed in the Family Support Magistrate Division for the judicial district where the mother or putative father resides. The matter shall be heard and determined by the family support magistrate in accordance with the provisions of chapter 815y, except that if a party to the action demands trial by jury, pursuant to section 46b-164, the matter shall be referred for trial to the superior court for the judicial district where the case was filed. (6) Acknowledgments of paternity and agreements for support obtained in AFDC cases, or cases in which the mother of the child has applied for IV-D services, shall be filed with the assistant clerk of the Family Support Magistrate Division for the judicial district where the mother of the child or the putative father resides, pursuant to section 46b-172, AS AMENDED BY SECTION 58 OF THIS ACT, and shall become effective as an order upon filing with the clerk. Such support agreements shall be reviewed by the family support magistrate who shall approve or disapprove the agreement. If the support agreement filed with the clerk is disapproved by a family support magistrate, such disapproval shall have a retroactive effect. (7) Family support magistrates shall enforce orders for child and spousal support entered by such family support magistrate and by the Superior Court in IV-D support cases by citing an obligor for contempt. Family support magistrates may require the obligor to furnish recognizance to the state of Connecticut in the form of a cash deposit or bond of such character and in such amount as the Family Support Magistrate Division deems proper to assure appearance at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. Upon failure of the obligor to post such bond, the family support magistrate may refer the obligor to a community correctional center until he has complied with such order, provided that the obligor shall be heard at the next regular session of the Family Support Magistrate Division in the court to which he was summoned. If no regular session is held within seven days of such referral, the family support magistrate shall either cause a special session of the Family Support Magistrate Division to be convened, or the obligor shall be heard by a Superior Court judge in the judicial district. If the obligor fails to appear before the family support magistrate at the time and place he is ordered to appear, the family support magistrate may order the bond, if any, forfeited, and the proceeds thereof paid to the state in AFDC cases or the obligee in non-AFDC cases, as the family support magistrate may determine, and the family support magistrate may issue a capias mittimus for the arrest of the obligor, ordering him to appear before the family support magistrate. A family support magistrate may determine whether or not an obligor is in contempt of the order of the superior court or of a family support magistrate and may make such orders as are provided by law to enforce a support obligation, except that if the family support magistrate determines that incarceration of an obligor for failure to obey a support order may be indicated, the family support magistrate shall inform the obligor of his right to be represented by an attorney and his right to a court-appointed attorney to represent him if he is indigent. If the obligor claims he is indigent and desires an attorney to represent him, the family support magistrate shall conduct a hearing to determine if the obligor is indigent; and if he so finds, he will appoint an attorney to represent him. (8) Agreements between parties as to custody and visitation of minor children in IV-D support cases may be filed with the assistant clerk of the Family Support Magistrate Division. Such agreements shall be reviewed by a family support magistrate, who shall approve the agreement unless he finds such agreement is not in the best interests of the child. Agreements between parties as to custody and visitation in IV-D support cases shall be enforced in the same manner as agreements for support are enforced, pursuant to subdivision (7) of this subsection. (9) Whenever an obligor is before a family support magistrate in proceedings to establish, modify or enforce a support order in a IV-D support case and such order is not secured by a wage garnishment or withholding order, the magistrate may require the obligor to execute a bond or post other security sufficient to perform such order for support, provided the magistrate finds that such a bond is available for purchase within the financial means of the obligor. Upon failure of such obligor to comply with such support order, the family support magistrate may order the bond or the security forfeited and the proceeds thereof paid to the state in AFDC cases or to the obligee in non-AFDC cases. (10) In any proceeding in the Family Support Magistrate Division, if the family support magistrate finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process, the family support magistrate shall waive such fee or fees and the cost of service of process shall be paid by the state. (11) A family support magistrate may dismiss any action or proceeding which the family support magistrate may hear and determine. (n) (1) A person who is aggrieved by a final decision of a family support magistrate is entitled to judicial review by way of appeal under this section. (2) Proceedings for such appeal shall be instituted by filing a petition and payment of a fifty-five dollar filing fee in superior court for the judicial district in which the decision of the family support magistrate was rendered not later than fourteen days after filing of the final decision with an assistant clerk assigned to the Family Support Magistrate Division or, if a rehearing is requested, not later than fourteen days after filing of the notice of the decision thereon. [Such] IN A IV-D SUPPORT CASE, SUCH petitions shall be accompanied by a certification that copies of the petition have been served upon the IV-D agency as defined in subsection (b) of this section and all parties of record. Service upon the IV-D agency may be made by the appellant mailing a copy of the petition by certified mail to the office of the Attorney General in Hartford. (3) Within fourteen days after the filing of the petition, or within such further time as may be allowed by the court, the Family Support Magistrate Division shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding appealed from, which shall include the decision of the family support magistrate. The court may require or permit subsequent corrections or additions to the record. (4) The aggrieved party shall file with his appeal a statement that no transcript is required for the purpose of determining the issues raised on appeal or a statement that he has ordered a transcript. A transcript may be filed by any party to an appeal and shall be filed within thirty days from the filing of said appeal unless the time for filing such transcript is extended by order of the Superior Court or the family support magistrate. Costs of preparing the transcript shall be paid by the party ordering the preparation of the transcript. (5) If, before the date set for hearing, application is made to the Superior Court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the family support magistrate, the Superior Court may permit additional evidence be taken before it upon conditions determined by the court. (6) The appeal shall be conducted by the Superior Court without a jury and shall be confined to the record and such additional evidence as the Superior Court has permitted to be introduced. The Superior Court, upon request, shall hear oral argument and receive written briefs. (7) The Superior Court may affirm the decision of the family support magistrate or remand the case for further proceedings. The Superior Court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the decision of the family support magistrate is: (A) In violation of constitutional or statutory provisions; (B) in excess of the statutory authority of the family support magistrate; (C) made upon unlawful procedure; (D) affected by other error of law; (E) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (8) Any order entered by the court pursuant to an appeal under this subsection may be retroactive to the date of the original order entered by the family support magistrate. (9) Upon all such appeals which are denied, costs may be taxed in favor of the prevailing party at the discretion of the Superior Court, but no costs shall be taxed against the state. (10) In any case in which any party claims that he cannot pay the costs of an appeal or defending an appeal under this section, he shall, within the time permitted for filing the appeal, or the time permitted for filing of a transcript of testimony if preparation of such transcript is required, file with the clerk of the superior court to which the appeal is to be taken an application for waiver of payment of such fees, costs and necessary expenses. The application shall conform to rules adopted pursuant to section 51-14. After such hearing as the Superior Court determines is necessary, the Superior Court shall enter its judgment on the application, which judgment shall contain a statement of the facts the Superior Court has found, with its conclusions thereon. The filing of the application for the waiver shall toll the time limits for the filing of an appeal until such time as a judgment on such application is entered. (o) Upon final determination of any appeal from a decision of a family support magistrate by the Superior Court, there shall be no right to further review except to the Appellate Court. The procedure on such appeal to the Appellate Court shall, except as otherwise provided herein, be in accordance with the procedures provided by rule or law for the appeal of judgments rendered by the Superior Court unless modified by rule of the judges of the Appellate Court. There shall be no right to further review except to the Supreme Court pursuant to the provisions of section 51-197f. (p) The filing of an appeal from a decision of a family support magistrate does not affect the order of support of a family support magistrate, but it shall continue in effect until the appeal is decided, and thereafter, unless denied, until changed by further order of a family support magistrate or the Superior Court. (q) When an order for child or spousal support has been entered against an obligor by the Superior Court in an action originating in the Superior Court, such order shall supersede any previous order for child or spousal support against such obligor entered by a family support magistrate and shall also supersede any previous agreement for support executed by such obligor and filed with the Family Support Magistrate Division. (r) Orders for support entered by a family support magistrate shall have the same force and effect as orders of the Superior Court, except where otherwise provided in sections 17b-81, 17b-93, 17b-179, 17b-743 to 17b-746, inclusive, subsection (a) of section 46b-55, sections 46b-59a, 46b-86 and 46b-172, AS AMENDED BY SECTION 58 OF THIS ACT, this chapter, subsection (b) of section 51-348, section 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, subsection (a) of section 52-362d, subsection (a) of section 52-362e and subsection (c) of section 53-304, and shall be considered orders of the Superior Court for the purpose of establishing and enforcing support orders of the family support magistrate, as provided in sections 17b-81, 17b-93, 17b-179, 17b-745, 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, 52-362d, 52-362e and 53-304, except as otherwise provided in this section. All orders for support issued by family support magistrates in any matter before a magistrate shall contain an order for withholding to enforce such orders as set forth in [said] section 52-362, AS AMENDED BY SECTION 71 OF THIS ACT. (s) Support enforcement officers of the Support Enforcement Division of the Superior Court shall: (1) Supervise the payment of any child or spousal support order made by a family support magistrate. Supervision of such orders is defined as the utilization of all procedures available by law to collect child or spousal support, including issuance and implementation of wage withholdings ordered by a family support magistrate pursuant to section 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, and if necessary, bringing an application for contempt to a family support magistrate and, in connection with such application, issuing an order requiring the obligor to appear before a family support magistrate to show cause why he should not be held in contempt for failure to pay an order for child or spousal support entered by the Superior Court or a family support magistrate; (2) In non-AFDC cases, have the authority to bring petitions for support orders pursuant to section 46b-215, AS AMENDED BY SECTION 65 OF THIS ACT, file agreements for support with the assistant clerk of the Family Support Magistrate Division, and bring applications for show cause orders pursuant to section 46b-172, AS AMENDED BY SECTION 58 OF THIS ACT, and in IV-D cases AND CASES UNDER SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT, enforce foreign support orders registered with the Family Support Magistrate Division pursuant to [section 46b-198b] SECTIONS 34 TO 37, INCLUSIVE, OF THIS ACT, and file agreements for support with the assistant clerk of the Family Support Magistrate Division; (3) In connection with any order or agreement entered by, or filed with, the Family Support Magistrate Division, or any order entered by the Superior Court in a IV-D support case upon order, investigate the financial situation of the parties and report findings to the family support magistrate regarding: (A) Any pending motion to modify such order or agreement or (B) any request or application for modification of such order or agreement made by an obligee; (4) In non-AFDC IV-D cases, review child support orders at the request of either parent subject to a support order or at the request of the Bureau of Child Support Enforcement and initiate an action before a family support magistrate to modify such support order if it is determined upon such review that the order substantially deviates from the child support guidelines established pursuant to section 46b-215a or 46b-215b, AS AMENDED BY SECTION 66 OF THIS ACT. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines, consideration shall be given to the division of real and personal property between the parties set forth in any final decree entered pursuant to chapter 815j and the benefits accruing to the child as the result of such division. No order for periodic payment of support may be subject to retroactive modification, except that the family support magistrate may order modification with respect to any period during which there is a pending motion for modification of a support order from the date of service of notice of such pending motion to the opposing party pursuant to section 52-50. (5) In AFDC IV-D cases, review child support orders and initiate an action before a family support magistrate to modify such support order if it is determined upon such review that (A) there is substantial change in the circumstances of either party, or (B) the order substantially deviates from the child support guidelines established pursuant to section 46b-215a or 46b-215b, AS AMENDED BY SECTION 66 OF THIS ACT. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines, consideration shall be given to the division of real and personal property between the parties set forth in any final decree entered pursuant to chapter 815j and the benefits accruing to the child as the result of such division. No order for periodic payment of support may be subject to retroactive modification, except that the family support magistrate may order modification with respect to any period during which there is a pending motion for modification of a support order from the date of service of notice of such pending motion to the opposing party pursuant to section 52-50. (t) The Attorney General shall: (1) Represent the interest of the state in all actions for child or spousal support in all cases in which the state is furnishing or has furnished aid or care to one of the parties to the action or a child of one of the parties; (2) [Represent the petitioner in proceedings for enforcement of] IN interstate support enforcement under sections [46b-180 to 46b-211, inclusive, unless the petitioner is represented by an attorney retained by the petitioner] 1 TO 50, INCLUSIVE, OF THIS ACT, PROVIDE NECESSARY LEGAL SERVICES ON BEHALF OF THE SUPPORT ENFORCEMENT AGENCY IN PROVIDING SERVICES TO A PETITIONER; (3) Represent the IV-D agency in providing support enforcement services in non-AFDC IV-D support cases pursuant to sections 17b-179 and 46b-215, AS AMENDED BY SECTION 65 OF THIS ACT. (u) The Department of Social Services may in IV-D cases (1) bring petitions for support orders pursuant to section 46b-215, (2) obtain acknowledgments of paternity, (3) bring applications for show cause orders pursuant to section 46b-172, AS AMENDED BY SECTION 58 OF THIS ACT, and (4) file agreements for support with the assistant clerk of the Family Support Magistrate Division. Sec. 68. Section 46b-235 of the general statutes is repealed and the following is substituted in lieu thereof: The provisions of subsection (a) of section 4a-2, subsection (a) of section 4a-12, sections 17b-137, 17b-179, 17b-745, AS AMENDED BY SECTION 52 OF THIS ACT, 46b-172, [46b-193 to 46b-196, inclusive, 46b-198b, 46b-199 to 46b-202, inclusive,] 46b-207, 46b-208, 46b-215, AS AMENDED BY SECTION 66 OF THIS ACT, 46b-218, 46b-231, AS AMENDED BY SECTION 67 OF THIS ACT, 46b-234, 46b-235, AS AMENDED BY SECTION 68 OF THIS ACT, subsection (a) of section 51-348a, subsection (d) of section 52-50, sections 52-259a, 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, 52-362c to 52-362f, inclusive, and 53-304 shall not be construed to alter, modify, impair or change existing collective bargaining agreements, any bargaining unit designation, award, settlement, benefit, existing employment practice or classification of any employee in the event of transfer from one division, bureau, or agency or department to another division, agency or department. Sec. 69. Subsection (f) of section 52-57 of the general statutes is repealed and the following is substituted in lieu thereof: (f) When the other methods of service of process provided under this section or otherwise provided by law cannot be effected, in actions concerning the establishment, enforcement or modification of child support orders other than actions for dissolution of marriage, including, but not limited to, such actions under sections 17b-19, 17b-63 to 17b-65, inclusive, 17b-115 to 17b-138, inclusive, 17b-220 to 17b-250, inclusive, 17b-256, 17b-259, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, 17b-689 to 17b-693, inclusive, and 17b-743 to 17b-747, inclusive, SECTIONS 1 TO 50, INCLUSIVE, OF THIS ACT and chapters 815, 815o, 815t, 815y and 816, and actions to implement garnishments for support under section 52-362, service of process may be made upon a party to the action by one of the following methods, provided proof of receipt of such process by such party is presented to the court in accordance with rules promulgated by the judges of the Superior Court: (1) By certified mail to a party to the action addressed to the employer of such party. Any service of process so sent shall include on the outside envelope the words "To be delivered to the employee in accordance with subsection (f) of section 52-57". The employer shall accept any such service of process sent by certified mail and promptly deliver such certified mail to the employee; or (2) When a party to an action under this subsection is employed by an employer with fifteen or more employees, by personal service upon an official of the employer designated as an agent to accept service of process in actions brought under this subsection. Every employer with fifteen or more employees doing business in this state shall designate an official to accept service of process for employees who are parties to such actions. The person so served shall promptly deliver such process to the employee. Sec. 70. Section 52-251d of the general statutes is repealed and the following is substituted in lieu thereof: (a) In any civil action to establish paternity or to establish, modify or enforce child support orders in AFDC cases pursuant to sections 17b-748, 46b-86, 46b-171, 46b-160, 46b-172, [46b-180,] AS AMENDED BY SECTION 58 OF THIS ACT, 46b-215, AS AMENDED BY SECTION 65 OF THIS ACT, and 46b-231, AS AMENDED BY SECTION 67 OF THIS ACT, the court may allow the state, when it is the prevailing party, a reasonable attorney's fee. (b) The provisions of subsection (a) of this section shall not be deemed: (1) To create a new cause of action against any individual; or (2) to confer any new jurisdiction upon the Superior Court in any action against any individual. Sec. 71. Subsection (n) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof: (n) When a support order is issued in another state and the obligor has income subject to withholding derived in this state, such income shall be subject to withholding in accordance with the provisions of this section, upon the registration of the support order in accordance with sections [46b-198, 46b-198a, 46b-198b and 46b-198c. At the request of the dependent or the state issuing the support order, the court or a family support magistrate in this state shall order an immediate or contingent order for withholding after first providing the obligor with notice and opportunity to be heard regarding defenses to the implementation of such order for withholding as provided in subsections (c), (d), (e) and (f) of this section] 35 TO 38, INCLUSIVE, OF THIS ACT. NOTICE OF RIGHTS TO THE OBLIGOR AND THE OBLIGOR'S RIGHT TO CONTEST SUCH ORDER ARE GOVERNED BY SECTIONS 39 TO 41, INCLUSIVE, OF THIS ACT. Sec. 72. Section 52-362f of the general statutes is repealed and the following is substituted in lieu thereof: (a) As used in this section, unless the context requires otherwise: (1) "Agency" means the Bureau of Child Support Enforcement within the Department of Social Services of this state and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this section, including the issuance and enforcement of support orders. (2) "Child" means any child, whether above or below the age of majority, with respect to whom a support order exists. (3) "Court" means the Superior Court of this state, including the Family Support Magistrate Division, or the court or agency of any other jurisdiction with functions similar to those defined in this section, including the issuance and enforcement of support orders. (4) "Income" means earnings as defined in subdivision (3) of subsection (a) of section 52-362, AS AMENDED BY SECTION 71 OF THIS ACT. (5) "Income derived in this jurisdiction" means any earnings, the payer of which is subject to the jurisdiction of this state for the purpose of imposing and enforcing an order for withholding under section 52-362, AS AMENDED BY SECTION 71 OF THIS ACT. (6) "Jurisdiction" means any state or political subdivision, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (7) "Obligee" means any person or entity which is entitled to receive support under an order of support and shall include an agency of another jurisdiction to which a person has assigned his or her right to support. (8) "Obligor" means any person required to make payments under the terms of a support order for a child, spouse, or former spouse. (9) "Payer" means any payer of income. (10) "Support order" means any order, decree, or judgment for the support, or for the payment of arrearages on such support, of a child, spouse, or former spouse issued by a court or agency of another jurisdiction, whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise. (b) The remedies herein provided are in addition to and not in substitution for any other remedies. (c) When a support order has been issued in this state and the obligor has earnings subject to income withholding in another jurisdiction, (1) the agency shall on application of a resident of this state, (2) the Support Enforcement Division shall on behalf of any client for whom the Support Enforcement Division is providing services, (3) an obligee or obligor of a support order issued by this state may, or (4) an agency to whom the obligee has assigned support rights may, promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against such income. The agency or the Support Enforcement Division, as the case may be, shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The agency or Support Enforcement Division also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the agency or Support Enforcement Division receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time and place of the hearings and of the obligee's right to attend. (d) When a support order is issued in another jurisdiction and the obligor has income subject to withholding in accordance with the provisions of section 52-362, AS AMENDED BY SECTION 71 OF THIS ACT, the [agency] SUPPORT ENFORCEMENT DIVISION shall, upon receiving a support order of another jurisdiction with the documentation specified in this subsection from an agency of another jurisdiction, or from an obligee, and obligor or an attorney for either the obligee or obligor, file such SUPPORT ORDER AND documents [with the clerk of the Support Enforcement Division of the Superior Court. Such clerk shall accept such documents filed and such acceptance shall constitute entry of the support order under this section] IN THE REGISTRY MAINTAINED BY THE SUPPORT ENFORCEMENT DIVISION. Documentation required for the entry of a support order for another jurisdiction for the purpose of withholding of income shall [be: (1) A certified copy of the support order with all modifications thereof; (2) a certified copy of the income withholding or garnishment order or notice still in effect; (3) a copy of the portion of the income withholding or garnishment statute of the jurisdiction which issued the order which states the requirements for obtaining income withholding or garnishment under the laws of that jurisdiction; (4) a sworn statement of the obligee or a certified statement of the state agency of the arrearage and the assignment of support rights, if any; (5) a statement of the name, address and social security number of the obligor, if known; (6) a statement of the name and address of the obligor's employer or any other source of income of the obligor derived in this state against which income withholding or garnishment is sought; (7) the name and address of the agency or person to whom support payments collected by income withholding or garnishment shall be transmitted] COMPLY WITH THE REQUIREMENTS OF SECTION 37 OF THIS ACT. If the documentation received by the [agency] SUPPORT ENFORCEMENT DIVISION does not conform to [the] THOSE requirements, [of this subsection, the agency] THE SUPPORT ENFORCEMENT DIVISION shall remedy any defect which it can without the assistance of the obligee or requesting agency or person. If the [agency] SUPPORT ENFORCEMENT DIVISION is unable to make such corrections, the requesting agency or person shall immediately be notified of the necessary additions or corrections. The [agency] SUPPORT ENFORCEMENT DIVISION shall accept the documentation required by this subsection so long as the substantive requirements of this subsection are met. (e) A support order [entered] REGISTERED under subsection (d) of this section shall be enforceable by withholding in the manner and with the effect as set forth [in subsection (h) of this section and section 52-362, except that a] FOR REGISTERED SUPPORT ORDERS OF ANOTHER JURISDICTION PURSUANT TO SECTION 52-362, AS AMENDED BY SECTION 71 OF THIS ACT. A support order from another jurisdiction filed under this section shall not be subject to modification by a court or other agency of this state EXCEPT AS PROVIDED IN SECTIONS 43 TO 45, INCLUSIVE, OF THIS ACT. Entry of the order shall not confer jurisdiction on any court of this state for any purpose other than withholding of income. (f) Upon [entry] REGISTRATION of a support order from another jurisdiction pursuant to subsection (d) of this section, FAMILY SUPPORT MAGISTRATE DIVISION OR the Support Enforcement Division of the Superior Court [shall cause to be served upon the obligor notice of the proposed income withholding. Such notice shall be served in accordance with the provisions for service of process set forth in subsection (i) of section 52-362. The notice shall include a claim form and be in clear and simple language informing the obligor that (1) income withholding was requested on the basis of a support order from another jurisdiction, (2) an order for withholding will become effective against his earnings, which may include unemployment compensation, unless within fifteen days he requests a hearing before the court, (3) at such hearing he may raise the defenses set forth in subsection (g) of this section. The claim form shall contain a checklist setting forth the defenses set forth in said subsection (g) so that the obligor may check any which apply to him and a space where the obligor may briefly explain his defenses. If the obligor seeks a hearing to contest the proposed order for withholding, the Support Enforcement Division of the Superior Court shall immediately notify the requesting agency obligee and the obligor or an attorney for either of the date, time and place of the hearing and of the obligee's right to attend the hearing] ACTING ON ITS BEHALF SHALL PROCEED AS PROVIDED IN SECTION 39 OF THIS ACT. [(g) At any hearing contesting a proposed order for withholding, based on a support order entered under subsection (d) of this section, the entered order, accompanying sworn or certified statement, and a certified copy of an income withholding order or notice, if any, still in effect shall constitute prima facie proof, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order. Once a prima facie case has been established, the obligor may raise only the following: (1) That withholding is not proper because of a mistake of fact that is not res judicata concerning such matters as an error in the amount of current support owed or arrearage that had accrued, mistaken identity of the obligor, or error in the amount of income to be withheld; (2) that the court or agency which issued the support order entered under subsection (c) of section 52-362, and this section lacked personal jurisdiction over the obligor; (3) that the support order entered under subsection (c) of section 52-362, and this section was obtained by fraud. The burden shall be on the obligor to establish these defenses. If the obligor presents evidence which constitutes a full or partial defense, the court shall, on the request of the obligee, continue the case to permit further evidence relative to the defense to be adduced by either party, provided if the obligor acknowledges liability sufficient to entitle the obligee to income withholding, the court shall require a withholding for the payment of current support payments under the support order and of so much of any arrearage as is not in dispute, while continuing the case with respect to those matters still in dispute. The court shall determine those matters still in dispute as soon as possible, and if appropriate shall modify the withholding order to conform to that resolution. In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state, including the parties and any of the children, by deposition, by written discovery, by photographic discovery such as videotaped depositions or by personal appearance before the court by telephone or photographic means. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony shall be taken. A court of this state may request the appropriate court or agency of another state to hold a hearing to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce or give evidence under other procedures of that state and to forward to the court of this state certified copies of the evidence adduced in compliance with the request. Upon the request of a court of another state, the court of this state which is competent to hear support matters may order a person in this state to appear at a hearing or deposition before the court to address evidence or to produce or give evidence under other procedures available in this state. A certified copy of the evidence adduced, such as a transcript or videotape shall be forwarded by the clerk of the Support Enforcement Division of the Superior Court to the requesting court or agency. A person within this state may voluntarily testify by statement or affidavit in this state for use in a proceeding to obtain income withholding outside this state. (h) If the obligor does not request a hearing in the time provided, or if a hearing is held and it is determined that the obligor has or is entitled to income withholding under the law of the jurisdiction which issued the support order, the court shall issue an order for withholding in accordance with the provisions of subsection (f) of section 52-362. If the obligor requests a hearing, the Support Enforcement Division of the court shall notify the requesting agency or obligee and the obligor, or the attorney for the obligee or the obligor, within forty-five days from the date of the notice given under subsection (f) of this section of its determination. (i) The provisions of subsections (g), (h), (j), (k) and (l) of section 52-362, shall apply to income withholding based on a support order of another jurisdiction entered under this section.] [(j) The] (g) AN income withholding order UNDER THIS SECTION shall direct payment to the [bureau of collection services. The IV-D agency] BUREAU OF CHILD SUPPORT ENFORCEMENT OR ITS DESIGNATED COLLECTION AGENT. THE BUREAU OR ITS DESIGNATED AGENT shall promptly distribute payments received pursuant to an income withholding order or garnishment based on a support order of another jurisdiction entered under this section to the agency or person designated [in subdivision (7) of subsection (d) of this section] PURSUANT TO SUBDIVISION (5) OF SUBSECTION (a) OF SECTION 34 OF THIS ACT. A support order entered pursuant to subsection (d) of this section does not nullify and is not nullified by a support order made by a court of this state pursuant to any other section of the general statutes or a support order made by a court of any other state. Amounts collected by any withholding of income shall be credited against the amounts accruing or accrued for any period under any support orders issued either by this state or by another jurisdiction. [(k)] (h) The agency OR THE SUPPORT ENFORCEMENT DIVISION upon receiving a certified copy of any amendment or modification to a support order entered pursuant to subsection (d) of this section, shall file such certified copy with the clerk of the Support Enforcement Division, and the division shall amend or modify the order for withholding to conform to the modified support order. [(l)] (i) If the agency OR THE SUPPORT ENFORCEMENT DIVISION determines that the obligor has obtained employment in another state or has a new or additional source of income in another state, it shall notify the agency which requested the income withholding of the changes within ten days of receiving that information and shall forward to such agency all information it has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income. The agency OR THE SUPPORT ENFORCEMENT DIVISION shall include with the notice a certified copy of the order for withholding in effect in this state. [(m)] (j) Any person who is the obligor on a support order of another jurisdiction may obtain a voluntary income withholding by filing with the agency a request for such withholding and a certified copy of the support order issued by such jurisdiction. The agency shall file such request for a voluntary withholding with the certified copy of the support order from the jurisdiction that entered such order with the clerk of the Support Enforcement Division of the Superior Court and the division, ACTING ON BEHALF OF THE FAMILY SUPPORT MAGISTRATE DIVISION, shall issue an order for withholding. Any order for withholding thus issued shall be subject to all applicable provisions of this section. [(n) The law of this state shall apply in all actions and proceedings concerning the issuance, enforcement and duration of income withholding orders issued by the Superior Court, except as provided in subsection (o) of this section. (o) The law of the jurisdiction which issued a support order filed with the Support Enforcement Division of the Superior Court in this state shall govern the following: (1) The interpretation of the support order entered under subsection (d) of this section, including amount, form of payment, and the duration of support; (2) the amount of support arrearages necessary to require the issuance of an income withholding order; and (3) the definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including but not limited to, interest, attorney's fees, court costs, and costs of paternity testing.] Sec. 73. (NEW) (a) An income withholding order issued in another state may be sent to the person or entity defined as the obligor's employer under section 52-362 of the general statutes without first filing a petition or comparable pleading or registering the order in the registry of support orders of the family support magistrate division. (b) Upon receipt of an income withholding order issued in another state, the obligor's employer shall immediately provide to the obligor (1) a copy of the order and (2) a copy of the notice and claim form provided by the Department of Social Services pursuant to subsection (c) of this section. (c) The Department of Social Services shall distribute to all employers in this state a standard notice and claim form, written in clear and simple language, which shall include: (1) Notice that money will be withheld from the employee's wages for child support and health insurance; (2) Notice that the first one hundred forty-five dollars per week of disposable earnings are exempt from the income withholding order; (3) Notice that the amount of the income withholding order may not exceed the maximum permitted by federal law under Section 1673 of Title 15 of the United States Code, together with a statement of the obligor's right to claim any other applicable state or federal exemptions; (4) Notice of the right to object to the validity or enforcement of such income withholding order in a court in this state and of the right to seek modification of the underlying support order in the court of continuing exclusive jurisdiction; (5) Notice of the right to seek the assistance of the Child Support Enforcement Bureau of the Department of Social Services and the toll-free telephone number at which the bureau can be contacted; (6) A claim form which shall include (A) a list of the most common defenses and exemptions to such income withholding order in a manner which allows the obligor to check any of the defenses and exemptions which apply; (B) a space where the obligor may briefly explain his claim or defense; (C) a space where the obligor may initiate a request for services to modify the support order; (D) a space for the obligor to provide his address and the name of the town in which he principally conducts his work for the employer; (E) a space for the obligor to sign his name; (F) the address of the Bureau of Child Support Enforcement of the Department of Social Services to which the claim form is to be sent in order to contest the validity or enforcement of the income withholding order or to initiate a request for modification; and (G) space for the employer to state the date upon which the form was actually delivered to the obligor. (d) The employer shall treat an income withholding order issued in another state which appears valid if it had been issued by a tribunal of this state. (e) Except as otherwise provided in subsections (f) and (g), the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify: (1) The duration and amount of periodic payments of current child support, stated as a sum certain; (2) the person or agency designated to receive payments and the address to which the payments are to be forwarded; (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment, subject to the provisions of subsection (e) of section 38a-497a of the general statutes; (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (f) The employer shall comply with the law of this state for withholding from income with respect to: (1) The prohibition against an employer's fee for processing an income withholding order; (2) the maximum amount permitted to be withheld from the obligor's income; and (3) the time period within which the employer must implement the withholding order and forward the child support payment. (g) If an employer receives multiple income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of this state to establish the priorities for withholding and allocating income withheld for multiple child support obligees. (h) An employer who complies with an income withholding order issued in another state in accordance with this section shall be immune from civil liability with regard to the employer's withholding of child support from the obligor's income. (i) An employer who wilfully fails to comply with an income withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. (j) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state or by mailing to the Bureau of Child Support Enforcement of the Department of Social Services the claim form delivered to the obligor pursuant to subsection (b) of this section, signed by the obligor and containing his address and a copy of the income withholding order. The obligor shall also deliver a copy of such claim form to the employer. If a claim form contesting the validity or enforcement of an income withholding order is received by the employer within fourteen days of the receipt by the obligor of the notice and claim form, imposition of the withholding order shall be stayed and the employer shall not implement the withholding order for a period of thirty days. If the employer receives from the Bureau of Child Support Enforcement a notice that it has received the claim form, the employer shall not implement the withholding order until the claim is decided by a family support magistrate. (k) Upon receipt of a claim form contesting the validity or enforcement of an income withholding order, the Bureau of Child Support Enforcement shall within seven days notify the employer of the receipt of the claim form. The bureau shall also give notice of the contest and of the fact that the order is stayed until the claim is decided by a family support magistrate to (1) the support enforcement agency providing services to the obligee; (2) the obligor's employer; (3) the person or agency designated to receive payments in the income withholding order; and (4) if the obligee's address is known, the obligee. In addition, the bureau shall immediately cause the income withholding order to be registered in this state with the appropriate clerk of the family support magistrate division and shall comply with the registration requirements of section 36 of this act. The bureau shall also immediately file the claim form on behalf of the obligor with the Family Support Magistrate Division of the Superior Court. The clerk shall promptly enter the appearance of the obligor, schedule a hearing, and give notice of the hearing to the obligor, the Bureau of Child Support Enforcement, the party initiating the income withholding order, and, if the obligee's address is known, the obligee. The clerk shall proceed in accordance with subsection (d) of section 52-361 of the general statutes. The family support magistrate shall promptly hear and determine the claim and enter its determination within forty-five days from the date of the filing of the claim form. In addition to any notice given by the clerk, upon entry of the decision of the family support magistrate on the claim, the bureau shall give notice of the decision to the employer, the party initiating the income withholding order, the obligor and, if the obligee's address is known, the obligee. (l) If the claim form requests services to modify the support order, the Bureau of Child Support Enforcement shall assist the obligor to file a motion for modification with the appropriate tribunal of the state of continuing exclusive jurisdiction in accordance with the law of that jurisdiction. The receipt of the request for modification shall constitute a request for Title IV-D services, but the bureau may require the making of a formal application. Such assistance shall include, but is not limited to, providing the obligor with information about how such a motion is filed, contacting the state of continuing exclusive jurisdiction on behalf of the obligor to obtain appropriate forms, and transmitting such forms and applicable information to the appropriate tribunal in such state. (m) Venue for contested claims under this section shall be the Family Support Magistrate Division of the superior court in the judicial district in which the obligor resides, provided (1) if the obligor does not reside in this state, venue shall be in the judicial district in which the obligor principally conducts his work for the employer who is subject to the income withholding order, and (2) if there is an existing action concerning support of the child or children who are the subject of the income withholding order, the claim shall be filed in that action. Sec. 74. Sections 46b-180 to 46b-186, inclusive, 46b-188 to 46b-206, inclusive, 46b-209 and 46b-210 of the general statutes are repealed. Sec. 75. This act shall take effect January 1, 1998. Approved June 30, 1997
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