(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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