Connecticut 2010 Regular Session

Connecticut Senate Bill SB00368 Compare Versions

Only one version of the bill is available at this time.
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11 General Assembly Raised Bill No. 368
22 February Session, 2010 LCO No. 1786
33 *01786_______JUD*
44 Referred to Committee on Judiciary
55 Introduced by:
66 (JUD)
77
88 General Assembly
99
1010 Raised Bill No. 368
1111
1212 February Session, 2010
1313
1414 LCO No. 1786
1515
1616 *01786_______JUD*
1717
1818 Referred to Committee on Judiciary
1919
2020 Introduced by:
2121
2222 (JUD)
2323
2424 AN ACT CONCERNING THE ESTABLISHMENT OF PATERNITY AND SUPPORT AND ENFORCEMENT OF ORDERS IN TITLE IV-D CHILD SUPPORT CASES.
2525
2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
2727
2828 Section 1. Subsections (b) to (i), inclusive, of section 17b-179 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
2929
3030 (b) (1) The Commissioner of Social Services shall [, in the manner provided in section 17b-81,] investigate the financial condition of the parent or parents of: (A) Any child applying for or receiving assistance under [the provisions of sections 17b-807 and 17b-808 and] (i) the temporary family assistance [for needy families] program pursuant to section 17b-112, which may be referred to as ["TANF"] TFA for the purposes of this section or (ii) the Medicaid program pursuant to section 17b-261, (B) any child seeking IV-D child support enforcement services pursuant to subdivision (1) of subsection (h) of this section, and (C) any child committed to the care of the Commissioner of Children and Families who is receiving payments in the foster care program and for whom a referral to the Bureau of Child Support Enforcement is made under section 46b-130, as amended by this act, and shall determine the financial liability of such parent or parents for [the] such child.
3131
3232 (2) The Bureau of Child Support Enforcement may, upon notice to the obligor and obligee, redirect payments for the support of all such children to either the state of Connecticut or the present custodial party, as their interests may appear, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. Any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice. All payments shall be distributed as required by Title IV-D of the Social Security Act.
3333
3434 (3) Notwithstanding subdivision (2) of this subsection or subparagraph (F) of subdivision (1) of subsection (u) of section 46b-231, the Bureau of Child Support Enforcement or a support enforcement agency under cooperative agreement with the Bureau of Child Support Enforcement shall redirect payments for the support of children described in subparagraphs (A)(i) and (C) of subdivision (1) of this subsection to the state of Connecticut effective on the date of the assistance grant. Upon such redirection, the Bureau of Child Support Enforcement or support enforcement agency shall notify the obligor and obligee as described in subdivision (2) of this subsection if assistance is being received by a new custodial party on behalf of such children and, if an objection to redirection is received in accordance with said subdivision (2), shall refund to the obligee of the support order any money retained by the state during the period of redirection that is due such obligee.
3535
3636 (c) The [Connecticut] Bureau of Child Support Enforcement [Bureau] shall enter into cooperative agreements with appropriate officials of the Judicial [Department] Branch and law enforcement officials to assist in administering the child support enforcement plan and with respect to other matters of common concern in the area of child support enforcement. Officers of the Judicial [Department] Branch and law enforcement officials authorized and required to enter into cooperative agreements with the [Connecticut] Bureau of Child Support Enforcement [Bureau] include, but are not limited to, [the] officials of the Superior Court and the office of the Attorney General. Such cooperative agreements shall contain performance standards to address the mandatory provisions of both state and federal laws and federal regulations concerning child support.
3737
3838 (d) The [Connecticut] Bureau of Child Support Enforcement [Bureau] shall have authority to determine on a periodic basis whether any individuals who owe child support obligations are receiving unemployment compensation. In IV-D cases, the bureau may authorize the collection of any such obligations owed by an individual receiving unemployment compensation through an agreement with the individual or a court order pursuant to section 52-362, as amended by this act, under which a portion of the individual's unemployment compensation is withheld and forwarded to the state [agency] acting by and through the IV-D agency. As used in this section, the term "unemployment compensation" means any compensation payable under chapter 567, including amounts payable by the administrator of the unemployment compensation law pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.
3939
4040 (e) The Bureau of Child Support Enforcement [Bureau] shall enter into purchase of service agreements with other state officials, departments and agencies which do not have judicial or law enforcement authority, including but not limited to, the Commissioner of Administrative Services, to assist in administering the child support enforcement plan. The Bureau of Child Support Enforcement [Bureau] shall have authority to enter into such agreements with the Labor Commissioner and to withhold unemployment compensation pursuant to subsection (d) of this section and section 31-227.
4141
4242 (f) The [Connecticut] Bureau of Child Support Enforcement [Bureau] shall have the sole responsibility to make referrals to the federal Parent Locator Service established pursuant to 88 Stat. 2353 (1975), 42 USC 653, as amended, for the purpose of locating deserting parents.
4343
4444 (g) The [Connecticut] Bureau of Child Support Enforcement [Bureau] shall have the sole responsibility to make recommendations to the Governor and the General Assembly for needed program legislation to ensure implementation of Title IV-D of the Social Security Act, as amended.
4545
4646 (h) (1) The [Connecticut] Bureau of Child Support Enforcement [Bureau] shall provide, or arrange to provide through one or more of the state offices, departments and agencies the same services for obtaining and enforcing child support orders in cases in which children are not beneficiaries of [TANF] TFA, Medicaid or foster care as in cases where children are the beneficiaries of such aid. Such services shall also be made available to residents of other states on the same terms as to residents of this state. Support services in [non-TANF support] cases other than TFA, Medicaid or foster care will be provided upon application to the [Connecticut] Bureau of Child Support Enforcement by the person seeking to enforce a child support obligation and the payment of an application fee, pursuant to the provisions of subsection (i) of this section.
4747
4848 (2) In addition to the application fee, the [Connecticut] Bureau of Child Support Enforcement [Bureau] may assess costs incurred for the establishment, enforcement or modification of a support order in [non-TANF] cases other than TFA, Medicaid or foster care. Such assessment shall be based on a fee schedule adopted by the Department of Social Services pursuant to chapter 54. The fee schedule to be charged in [non-TANF support] such cases shall be made available to any individual upon request. The Bureau of Child Support Enforcement [Bureau] shall adopt procedures for the notification of Superior Court judges and family support magistrates when a fee has been assessed an obligee for support services and a Superior Court judge or a family support magistrate shall order the obligor to pay any such assessment to the Bureau of Child Support Enforcement. [Bureau.] In cases where such order is not entered, the obligee shall pay an amount based on a sliding scale not to exceed the obligee's ability to pay. The Department of Social Services shall adopt such sliding scale pursuant to chapter 54.
4949
5050 (3) The [Connecticut] Bureau of Child Support Enforcement [Bureau] shall also, in the case of an individual who never received temporary assistance for needy families and for whom the state has collected at least five hundred dollars of support in a one-year period, impose an annual fee of twenty-five dollars for each case in which services are furnished. The annual fee shall be (A) retained by the state from the support collected on behalf of the individual, but not from the first five hundred dollars collected, (B) paid by the individual applying for the services, (C) recovered from the noncustodial parent, or (D) paid by the state.
5151
5252 (i) In [non-TANF] child support cases other than TFA, Medicaid or foster care, the state shall impose an application fee in an amount necessary to comply with federal law and regulations under Title IV-D of the Social Security Act, which fee shall be paid by the state. The amount of such fee shall be established by regulations adopted, in accordance with the provisions of chapter 54, by the Commissioner of Social Services and shall not exceed twenty-five dollars or such higher or lower amount as the Secretary of the Department of Health and Human Services may determine to be appropriate for any fiscal year to reflect increases or decreases in administrative costs. The court in which a child support obligation is sought to be enforced may order the obligor to reimburse the state for such application fee. Recipients of [TANF] TFA, foster care or Medicaid assistance whose eligibility for aid is terminated shall be entitled to continuation of child support enforcement services without requiring an application or the payment of an application fee.
5353
5454 Sec. 2. Subsection (l) of section 17b-179 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
5555
5656 (l) The [Connecticut] Bureau of Child Support Enforcement [Bureau] shall arrange to provide a single centralized automated system for the reporting of collections on all accounts established for the collection of all IV-D support orders. Such reporting shall be made available to the Family Support Magistrate Division and to all state agencies which have a cooperative agreement with the IV-D agency. [On or before October 1, 1998, such] Such automated system shall include a state case registry which complies with federal law and regulations. The state case registry shall contain information on each support order established or modified in this state.
5757
5858 Sec. 3. Subparagraphs (A) and (B) of subdivision (5) of subsection (a) of section 17b-745 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
5959
6060 (5) (A) The court or family support magistrate may also make and enforce orders for the payment by any person named herein of past-due support for which any such person is liable in accordance with the provisions of [subsection (b) of section 17b-179, or] section 17a-90, 17b-81, subsection (b) of section 17b-179, section 17b-223, 46b-129 or 46b-130, [or] as amended by this act, and, in IV-D cases, [and] order such person, provided such person is not incapacitated, to participate in work activities that may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t. [The father's] A parent's liability for past-due support of a child [born out of wedlock] shall be limited to the three years next preceding the filing of a petition pursuant to this section.
6161
6262 (B) In the determination of child support due based on neglect or refusal to furnish support prior to the action, the support due for periods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods, as determined in accordance with the child support guidelines established pursuant to section 46b-215a, as amended by this act. The state shall disclose to the court any information in its possession concerning current and past ability to pay. If no information is available to the court concerning past ability to pay, the court may determine the support due for periods of time prior to the action as if past ability to pay is equal to current ability to pay, if current ability to pay is known. If current ability to pay is not known, the court shall determine the past ability to pay based on the obligor's work history if known, or if not known, on the state minimum wage that was in effect during such periods, provided only actual earnings shall be used to determine ability to pay for past periods during which the obligor was a full-time high school student or was incarcerated, institutionalized or incapacitated.
6363
6464 Sec. 4. Subdivision (8) of subsection (a) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
6565
6666 (8) Failure of any defendant to obey an order of the court or Family Support Magistrate Division made under this section may be punished as contempt of court. If the summons and order is signed by a commissioner of the Superior Court, upon proof of service of the summons to appear in court or before a family support magistrate and upon the failure of the defendant to appear at the time and place named for hearing upon the petition, request may be made by the petitioner to the court or family support magistrate for an order that a capias mittimus be issued. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant to obey the court order as contempt of court, the court or the family support magistrate may order a capias mittimus to be issued and directed to [some] a judicial marshal pursuant to section 43 of this act, or any other proper officer to arrest such defendant and bring such defendant before the Superior Court for the contempt hearing. The costs of commitment of any person imprisoned [therefor] for contempt shall be paid by the state as in criminal cases. When any such defendant is so found in contempt, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
6767
6868 Sec. 5. Subsection (b) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
6969
7070 (b) Except as provided in sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by 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. Except as provided in sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by 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 Support Enforcement Services in [TANF] IV-D support cases as defined in subdivision [(14)] (13) of subsection (b) of section 46b-231, as amended by this act, or as provided in subdivision (4) of subsection (s) of section 46b-231, as amended by 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, as amended by this act, 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] sections 46b-213o to [46b-213q] 46b-213r, inclusive. 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.
7171
7272 Sec. 6. Subsection (d) of section 19a-42 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
7373
7474 (d) (1) Upon receipt of (A) an acknowledgment of paternity executed in accordance with the provisions of subsection (a) of section 46b-172 by both parents of a child born out of wedlock, or (B) a certified copy of an order of a court of competent jurisdiction establishing the paternity of a child born out of wedlock, the commissioner shall include on or amend, as appropriate, such child's birth certificate to show such paternity if paternity is not already shown on such birth certificate and to change the name of the child if so indicated on the acknowledgment of paternity form or within the certified court order as part of the paternity action.
7575
7676 (2) If another father is listed on the birth certificate, the commissioner shall not remove or replace the father's information unless presented with a certified court order that meets the requirements specified in section 7-50, or upon the proper filing of a rescission, in accordance with the provisions of section 46b-172, as amended by this act. The commissioner shall thereafter amend such child's birth certificate to remove or change the father's name and to change the name of the child, as requested at the time of the filing of a rescission, in accordance with the provisions of section 46b-172, as amended by this act. Birth certificates amended under this subsection shall not be marked "Amended".
7777
7878 [(3) A fee of fifty dollars shall be charged by the department for each amendment to a birth certificate requested pursuant to this subsection which request is not received from a hospital, a state agency or a court of competent jurisdiction.]
7979
8080 Sec. 7. Section 19a-42a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
8181
8282 (a) All (1) voluntary acknowledgments of paternity and rescissions of such acknowledgments executed in accordance with subsection (a) of section 46b-172, and (2) adjudications of paternity issued by a court or family support magistrate under section 46b-171, as amended by this act, section 46b-172a or any other provision of the general statutes shall be filed in the paternity registry maintained by the Department of Public Health. All information in such registry shall be made available to the IV-D agency, as defined in subdivision (12) of subsection (b) of section 46b-231, as amended by this act, for comparison with information in the state case registry established under subsection (l) of section 17b-179, as amended by this act. The IV-D agency may disclose information in the paternity registry to an agency under cooperative agreement with the IV-D agency for child support enforcement purposes.
8383
8484 (b) Except for the IV-D agency, as provided in subsection (a) of this section, the department shall restrict access to and issuance of certified copies of acknowledgments of paternity to the following parties: (1) Parents named on the acknowledgment of paternity; (2) the person whose birth is acknowledged, if such person is over eighteen years of age; (3) an authorized representative of the Department of Social Services; (4) an attorney representing such person or a parent named on the acknowledgment; or (5) agents of a state or federal agency, as approved by the department.
8585
8686 Sec. 8. Subdivision (4) of subsection (b) of section 46b-56c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
8787
8888 (4) On motion or petition of a parent, the court may enter an educational support order at the time of entering an order pursuant to any other provision of the general statutes authorizing the court to make an order of support for a child, subject to the provisions of sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act.
8989
9090 Sec. 9. Section 46b-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
9191
9292 In any proceeding seeking relief under the provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, 47-14g, 51-348a and 52-362, as amended by 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 compensation of the attorney shall be established and paid by the Commission on Child Protection.
9393
9494 Sec. 10. Subsection (c) of section 46b-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
9595
9696 (c) When one of the parties, or a child of the parties, is receiving or has received aid or care from the state under its aid to families with dependent children [program] or temporary family assistance [for needy families] program, HUSKY Plan, Part A, or [under its] foster care program as provided in Title IV-E of the Social Security Act, or [where] when one of the parties has applied for child support enforcement services under Title IV-D of the Social Security Act as provided in section 17b-179, as amended by this act, such motion to modify shall be filed with the Family Support Magistrate Division for determination in accordance with subsection (m) of section 46b-231, as amended by this act.
9797
9898 Sec. 11. Section 46b-130 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
9999
100100 The parents of a minor child for whom care or support of any kind has been provided under the provisions of this chapter shall be liable to reimburse the state for such care or support to the same extent, and under the same terms and conditions, as are the parents of recipients of public assistance. Upon receipt of foster care maintenance payments under Title IV-E of the Social Security Act by a minor child, the right of support, [present,] past, present and future, from a parent of such child shall, by this section, be assigned to the Commissioner of Children and Families. Referral by the commissioner shall promptly be made to the Bureau of Child Support Enforcement [Unit] of the Department of Social Services for pursuit of support for such minor child in accordance with the provisions of section 17b-179, as amended by this act. Any child who reimburses the state under the provisions of subsection (l) of section 46b-129 for any care or support such child received shall have a right of action to recover such payments from such child's parents.
101101
102102 Sec. 12. Subsection (a) of section 46b-168a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
103103
104104 (a) In any IV-D support case, as defined in subdivision (13) of subsection (b) of section 46b-231, as amended by this act, in which the paternity of a child is at issue, or in any case in which a support enforcement agency is providing services to a petitioner in a proceeding under sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, in which the paternity of a child is at issue, the IV-D agency or the support enforcement agency shall require the child and all other parties other than individuals who have good cause for refusing to cooperate or who are subject to other exceptions to submit to genetic tests which shall mean deoxyribonucleic acid tests, to be performed by a hospital, accredited laboratory, qualified physician or other qualified person designated by such agency, to determine whether or not the putative father or husband is the father of the child, upon the request of any such party, provided such request is supported by a sworn statement by the party which either (1) alleges paternity and sets forth facts establishing a reasonable possibility of the requisite sexual contact between the parties, or (2) denies paternity and sets forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.
105105
106106 Sec. 13. Section 46b-170 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
107107
108108 No [such] petition under section 46b-160 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 this act, and petitions brought under sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by 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, as amended by this act, 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.
109109
110110 Sec. 14. Subdivision (3) of subsection (a) of section 46b-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
111111
112112 (3) The court or family support magistrate may also make and enforce orders for the payment by any person named herein of past-due support for which the defendant is liable in accordance with the provisions of section 17b-81, 17b-223, subsection (b) of section 17b-179, as amended by this act, section 17a-90, 46b-129 or 46b-130, as amended by this act, and, in IV-D cases, [and] order such person, provided such person is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t. The defendant's liability for past-due support under this subdivision shall be limited to the three years next preceding the filing of the petition.
113113
114114 Sec. 15. Subdivision (1) of subsection (b) of section 46b-172 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
115115
116116 (b) (1) An agreement to support the child by payment of a periodic sum until the child attains the age of eighteen years or as otherwise provided in this subsection, together with provisions for reimbursement for past-due support based upon ability to pay in accordance with the provisions of subsection (b) of section 17b-179, as amended by this act, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130, as amended by this act, and reasonable expense of prosecution of the petition, when filed with and approved by a judge of the Superior Court, or in IV-D support cases and matters brought under sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by 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] the agreement, as an order of support entered by the 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. If such child is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities to pay, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first.
117117
118118 Sec. 16. Subdivision (1) of subsection (c) of section 46b-172 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
119119
120120 (c) (1) At any time after the signing 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 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, shall cause a summons, signed by such judge or family support magistrate, by the clerk of the court or by a commissioner of the Superior Court, to be issued, requiring the acknowledged 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 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 or as otherwise provided in this subsection, together with provision for reimbursement for past-due support based upon ability to pay in accordance with the provisions of subsection (b) of section 17b-179, as amended by this act, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130, as amended by this act, a provision for health coverage of the child as required by section 46b-215, as amended by this act, and reasonable expense of the action under this subsection. If such child is unmarried and a full-time high school student such support shall continue according to the parents' respective abilities to pay, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first.
121121
122122 Sec. 17. Section 46b-207 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
123123
124124 The court is authorized to establish and maintain Support Enforcement Services and such offices thereof as it determines are necessary for the proper handling of the administrative details incident to proceedings under sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, and may appoint such personnel as necessary for the proper administration of the nonjudicial functions of proceedings under sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act.
125125
126126 Sec. 18. Section 46b-208 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
127127
128128 The support service investigators of Support Enforcement Services of the Superior Court shall, while acting within the scope of their duties as such, pursuant to matters under sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, have the powers of service and of execution of summons and orders for withholding, and the conduct of investigations.
129129
130130 Sec. 19. Subsection (a) of section 46b-213d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
131131
132132 (a) The Bureau of 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.
133133
134134 Sec. 20. Section 46b-213w of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
135135
136136 (a) An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under section 52-362, as amended by this act, without first filing a petition or comparable pleading or registering the order in the registry of support orders of the Family Support Magistrate Division.
137137
138138 (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.
139139
140140 (c) The Department of Social Services shall [distribute] make available to all employers in this state a standard notice and claim form, written in clear and simple language, which shall include:
141141
142142 (1) Notice that money will be withheld from the employee's wages for child support and health insurance;
143143
144144 (2) Notice of the amount of disposable earnings that are exempt from the income withholding order;
145145
146146 (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;
147147
148148 (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;
149149
150150 (5) Notice of the right to seek the assistance of the Bureau of Child Support Enforcement of the Department of Social Services and the toll-free telephone number at which the bureau can be contacted;
151151
152152 (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 the obligor's claim or defense; (C) a space where the obligor may initiate a request for services to modify the support order and the address of the Bureau of Child Support Enforcement of the Department of Social Services to which such request may be sent; (D) a space for the obligor to provide the obligor's address and the name of the town in which the obligor principally conducts the obligor's work for the employer; (E) a space for the obligor to sign the obligor's name; (F) the address of [the Bureau of Child Support Enforcement of the Department of Social Services] Support Enforcement 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.
153153
154154 (d) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
155155
156156 (e) Except as otherwise provided in subsections (f), [and] (g) and (l) of this section, 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 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; (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.
157157
158158 (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.
159159
160160 (g) If an employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of such orders if the employer complies with the law of this state to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
161161
162162 (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.
163163
164164 (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.
165165
166166 (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 by: (1) Registering the order in accordance with section 46b-213h and filing a contest to that order as provided in section 46b-213l notwithstanding the obligor is the registering party; (2) otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state; or (3) mailing to [the Bureau of Child Support Enforcement of the Department of Social Services] Support Enforcement 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.]
167167
168168 (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] Support Enforcement Services shall: [also give] (1) Give notice of the contest to [(1)] (A) the support enforcement agency providing services to the obligee; [(2)] (B) each employer that has directly received an income withholding order relating to the obligor; [(3)] (C) the person designated to receive payments in the income withholding order; and [(4)] (D) 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 in accordance with section 46b-213h. The bureau shall also immediately] (2) file the claim form and a copy of the income withholding order on behalf of the obligor with [Support Enforcement Services acting on behalf of] the Family Support Magistrate Division; and (3) notify the person or agency that sent the income withholding order to file not less than ten days before the scheduled hearing: (A) Two copies, including one certified copy of the underlying support order, including any modification of such order; and (B) a sworn statement showing the amount of any arrearage together with the last court determination of an arrearage and an accounting of the arrearage since such determination.
169169
170170 (l) [The] Upon receipt of a claim form filed by Support Enforcement Services on behalf of the obligor in accordance with subsection (k) of this section, 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] Support Enforcement Services, 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 52-362.] 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. The family support magistrate shall use the procedures in sections 46b-213a to 46b-213c, inclusive, to obtain additional evidence and information as needed for a prompt determination on the claim. If the person or agency that sent the income withholding order fails to file the documents described in subdivision (3) of subsection (k) of this section or fails to comply with a reasonable request for information or documents made under section 46b-213b or 46b-213c, the family support magistrate may: (1) Continue the hearing for a period of not more than an additional forty-five days and direct Support Enforcement Services to provide such notice as may be appropriate; (2) order a temporary or partial stay of income withholding for a period not to exceed forty-five days; or (3) sustain the obligor's objection to the validity or enforcement of the income withholding order and enjoin the employer from complying with such order. In addition to any notice given by the clerk, upon entry of the decision of the family support magistrate on the claim, [the bureau] Support Enforcement Services shall give notice of the decision to each employer that has directly received an income withholding order related to the obligor, the party initiating the income withholding order, the obligor and, if the obligee's address is known, the obligee.
171171
172172 [(l)] (m) 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.
173173
174174 [(m)] (n) 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.
175175
176176 Sec. 21. Subdivision (1) of subsection (a) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
177177
178178 (a) (1) (A) The Superior Court or a family support magistrate may make and enforce orders for payment of support against any person who neglects or refuses to furnish necessary support to such person's spouse or a child under the age of eighteen or as otherwise provided in this subsection, according to such person's ability to furnish such support, notwithstanding the provisions of section 46b-37. If such child is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first.
179179
180180 (B) In the case of a petition brought pursuant to subparagraph (A) of this subdivision for the support of a child in a IV-D support case, as defined in subdivision (13) of subsection (b) of section 46b-231, as amended by this act, the application for services under subsection (h) of section 17b-179, as amended by this act, or the granting of financial or medical assistance shall establish a rebuttable presumption of neglect and refusal to support. The court shall inform the parties what evidence may rebut the presumption.
181181
182182 Sec. 22. Subparagraph (A) of subdivision (7) of subsection (a) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
183183
184184 (7) (A) The court or family support magistrate may also determine, order and enforce payment of any support due because of neglect or refusal to furnish support for periods prior to the action. [In the case of a child born out of wedlock whose parents have not intermarried, the father's] A parent's liability for such support shall be limited to the three years next preceding the filing of a petition or written agreement to support pursuant to this section.
185185
186186 Sec. 23. Subparagraph (C) of subdivision (8) of subsection (a) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
187187
188188 (C) The court [,] or any judge thereof, when said court or judge is not sitting, or a family support magistrate, when said [court or] family support magistrate is not sitting, may require the defendant or defendants to become bound, with sufficient surety, to the state, town or person bringing the complaint, to abide such judgment as may be rendered on such complaint. Failure of the defendant or defendants to obey any order made under this section [,] may be punished as contempt of court and the costs of commitment of any person imprisoned [therefor] for contempt shall be paid by the state as in criminal cases. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant or defendants to obey such court order or order of the family support magistrate, the court or family support magistrate may order a capias mittimus be issued, and directed to [some] a judicial marshal pursuant to section 43 of this act or any other proper officer to arrest such defendant or defendants and bring such defendant or defendants before the Superior Court for the contempt hearing. When any person is found in contempt under this section, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
189189
190190 Sec. 24. Subsection (b) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
191191
192192 (b) The Attorney General of the state of Connecticut and the attorney representing a town [,] shall become a party for the interest of the state of Connecticut and such town [,] in any proceedings for support which concerns any person who is receiving or has received public assistance or care from the state or any town. The Attorney General shall represent the IV-D agency in [non-TANF] non-TFA IV-D support cases if the IV-D agency determines that such representation is required pursuant to guidelines issued by the Commissioner of Social Services.
193193
194194 Sec. 25. Subsection (e) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
195195
196196 (e) [Any] Except as provided in sections 46b-212 to 46b-213w, inclusive, as amended by 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 46b-212 to 46b-213w, inclusive, as amended by 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 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, as amended by this act, 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] sections 46b-213o to [46b-213q] 46b-213r, inclusive.
197197
198198 Sec. 26. Section 46b-215a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
199199
200200 (a) The Commission for Child Support Guidelines is established to [review the] issue child support and arrearage guidelines [promulgated pursuant to section 8 of public act 85-548*, to establish criteria for the establishment of guidelines] to ensure the appropriateness of criteria for the establishment of child support awards and to review and issue updated guidelines [not later than October 1, 1993, and] every four years. [thereafter. Not later than January 1, 1992, the commission shall also establish criteria and promulgate guidelines to ensure that such] Such guidelines shall ensure, subject to section 46b-215c, as amended by this act, that the child support award consisting of current support, health care coverage, child care contribution and orders of payment on any arrearage and past due support shall be based on the income of both parents and the obligor's ability to pay. Such guidelines shall also ensure the appropriateness of periodic [payments of] payment orders on arrearages when the obligor (1) is the child's legal guardian and resides with the child, or (2) is not the child's legal guardian but has resided with the child either for at least six months immediately preceding the order of payment [of] on the arrearage or for at least six months of the twelve months immediately preceding such order. In such cases, [the commission shall consider exemptions similar to those in the uniform contribution scale adopted pursuant to section 4a-12. Updated arrearage guidelines shall be issued at the same time as the child support guidelines] the guidelines shall require the payment order to be no more than one dollar per week if the obligor's gross income is less than or equal to two hundred fifty per cent of the federal poverty guidelines for the obligor's household size or, if the obligor's income is above that amount, no more than twenty per cent of the imputed current support obligation.
201201
202202 (b) The commission shall consist of eleven members as follows: The Chief Court Administrator or his designee, the Commissioner of Social Services or his designee, the Attorney General or his designee, the chairpersons and ranking members of the joint standing committee on judiciary or their designees and a representative of the Connecticut Bar Association [, a representative of legal services, a person who] designated by the association, and three members appointed by the Governor, one of whom represents legal services, one of whom represents the financial concerns of child support obligors and [a representative of] one of whom represents the Permanent Commission on the Status of Women. [, all of whom shall be appointed by the Governor.] The Commissioner of Social Services shall convene the commission whenever a review is required to issue updated guidelines pursuant to subsection (a) of this section. The chairperson of the commission shall be elected by the members of the commission. A vacancy on the commission at any time shall not invalidate any actions taken by the commission during such vacancy, provided at least nine members are serving at such time.
203203
204204 Sec. 27. Section 46b-215b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
205205
206206 (a) The child support and arrearage guidelines [established] issued pursuant to section 46b-215a, as amended by this act, adopted as regulations pursuant to section 46b-215c, as amended by this act, and in effect on the date of the support determination shall be considered in all determinations of child support award amounts, including any current support, health care coverage, child care contribution and past-due support amounts, and payment on arrearages and past-due support within the state. In all such determinations, there shall be a rebuttable presumption that the amount of such awards which resulted from the application of such guidelines is the amount [of support, including any past-due 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 the deviation criteria established by the Commission for Child Support Guidelines under section 46b-215a, as amended by this act, shall be required in order to rebut the presumption in such case.
207207
208208 (b) In any determination pursuant to subsection (a) of this section, when a party has been determined by the Social Security Administration, or a state agency authorized to award disability benefits, to qualify for disability benefits under the federal Supplemental Security Income Program, the Social Security disability program, the state supplement to the federal Supplemental Security Income Program, or the state-administered general assistance program, parental earning capacity shall not be a basis for deviating from the presumptive support amount that results from the application of the child support guidelines to such party's income.
209209
210210 (c) In any proceeding for the establishment or modification of a child support award, the child support and arrearage guidelines shall be considered in addition to and not in lieu of the criteria for such awards established in sections 46b-84, 46b-86, as amended by this act, 46b-130, as amended by this act, 46b-171, as amended by this act, 46b-172, as amended by this act, 46b-215, as amended by this act, 17b-179, as amended by this act, and 17b-745, as amended by this act.
211211
212212 Sec. 28. Section 46b-215c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
213213
214214 (a) Notwithstanding the provisions of sections [46b-215] 46b-215a, as amended by this act, and 46b-215b, as amended by this act, updated child support and arrearage guidelines issued by the Commission for Child Support Guidelines pursuant to section 46b-215a, as amended by this act, shall be submitted by the commission to the standing legislative regulation review committee and adopted as regulations in accordance with the provisions of chapter 54.
215215
216216 (b) Nothing in this section shall affect the validity of a child support order issued pursuant to any guidelines promulgated pursuant to section 46b-215a, as amended by this act, prior to the approval of [any] such guidelines pursuant to the provisions of this section.
217217
218218 Sec. 29. Subsection (b) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
219219
220220 (b) For the purposes of this section:
221221
222222 (1) "Chief Family Support Magistrate" means the family support magistrate designated by the Chief Court Administrator as provided in subsection (g) of this section;
223223
224224 (2) "Child support enforcement services" means the services provided by the IV-D agency or an agency under cooperative or purchase of service agreement therewith pursuant to Title IV-D of the Social Security Act, including, but not limited to, location; establishment of paternity; establishment, modification and enforcement of child and medical support orders; and the collection and distribution of support payments;
225225
226226 (3) "Commissioner" means the Commissioner of Social Services or a designee or authorized representative;
227227
228228 (4) "Bureau of Child Support Enforcement" means a division within the Department of Social Services established pursuant to section 17b-179, as amended by this act;
229229
230230 (5) "Department" means the Department of Social Services or any bureau, division or agency of the Department of Social Services;
231231
232232 (6) "Family Support Magistrate Division" means a division of the Superior Court created by this section for the purpose of establishing and enforcing child and spousal support in IV-D cases and in cases brought pursuant to sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, utilizing quasi-judicial proceedings;
233233
234234 (7) "Family support magistrate" means a person [,] appointed as provided in subsection (f) of this section to establish and enforce child and spousal support orders;
235235
236236 (8) "Foster care cases" [are] means cases in which children are receiving foster care under part I of chapter 319a or part I of chapter 815t, but does not include cases in which children reside in detention facilities, forestry camps, training schools or other facilities operated primarily for the detention of children adjudicated as delinquent;
237237
238238 (9) "Law" [includes] means both [common and statute] statutory and common law;
239239
240240 (10) "Obligee" means any person to whom a duty of support is owed;
241241
242242 (11) "Obligor" means any person owing a duty of support;
243243
244244 (12) "IV-D agency" means the Bureau of Child Support Enforcement within the Department of Social Services, [created by] established pursuant to section 17b-179, as amended by this act, and authorized to administer the child support program mandated by Title IV-D of the Social Security Act;
245245
246246 (13) "IV-D support cases" [are those] means cases in which the IV-D agency is providing child support enforcement services under Title IV-D of the Social Security Act [, including all] pursuant to (A) an application under subsection (h) of section 17b-179, as amended by this act, or (B) referral of a (i) temporary family assistance case under section 17b-112, which for the purposes of this section may be referred to as "TFA", (ii) a Medicaid case under section 17b-261, or (iii) a foster care [cases referred to the Bureau of Child Support Enforcement] case under section 46b-130, as amended by this act; and
247247
248248 (14) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or another state's administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or [a child and] of the parent with whom the child is living, which provides for monetary support, health care, arrearages or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.
249249
250250 Sec. 30. Subsection (f) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
251251
252252 (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 by the Governor upon completion of [his] each 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] The family support magistrate shall devote full time to [his] the duties [as] of a family support magistrate and shall not engage in the private practice of law. A family support magistrate may be removed from office by the Governor for cause.
253253
254254 Sec. 31. Subsection (l) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
255255
256256 (l) The judges of the Superior Court shall adopt rules of procedure in accordance with the provisions of section 51-14 for the handling by magistrates of IV-D support cases and in cases brought pursuant to sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act. Such rules of procedure shall conform when applicable to rules adopted for the Superior Court.
257257
258258 Sec. 32. Subdivisions (1) to (3), inclusive, of subsection (m) of section 46b-231 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
259259
260260 (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] section 17b-745, as amended by this act, 46b-172, as amended by this act, [and] or 46b-215, as amended by this act, a subpoena issued pursuant to section 52-143, or a citation for failure to obey an order of a family support magistrate or a judge of the Superior Court. If a person is served with any such summons, subpoena or citation issued by a family support magistrate or the assistant clerk of the Family Support Magistrate Division and fails to appear, a family support magistrate may issue a capias mittimus directed to a judicial marshal pursuant to section 43 of this act or any other proper officer to arrest the obligor or the witness and bring [him] the obligor or witness before a family support magistrate. Whenever such a capias mittimus is ordered, the family support magistrate shall establish a recognizance to the state of Connecticut in the form of a bond of such character and amount as to assure the appearance of the obligor at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. If the obligor posts such a bond, and thereafter fails to appear before the family support magistrate at the time and place [he] the obligor is ordered to appear, the family support magistrate may order the bond forfeited, and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.
261261
262262 (2) (A) Family support magistrates shall hear and determine matters involving child and spousal support in IV-D support cases including petitions for support brought pursuant to sections 17b-81, 17b-179, as amended by this act, 17b-745, as amended by this act, and 46b-215, as amended by this act; applications for show cause orders in IV-D support cases brought pursuant to subsection (b) of section 46b-172, as amended by this act, and actions for interstate enforcement of child and spousal support and paternity under sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, and shall hear and determine all motions for modifications of child and spousal support in such cases.
263263
264264 (B) In all IV-D support cases, family support magistrates shall have the authority to order any obligor who is subject to a plan for reimbursement of past-due support and is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t.
265265
266266 (C) A family support magistrate shall not modify an order for periodic payment on an arrearage due the state for state assistance which has been discontinued to increase such payments, unless the family support magistrate first determines that the state has made a reasonable effort to notify the current recipient of child support, at the most current address available to the IV-D agency, of the pendency of the motion to increase such periodic arrearage payments and of the time and place of the hearing on such motion. If such recipient appears, either personally or through a representative, at such hearing, the family support magistrate shall determine whether the order in effect for child support is reasonable in relation to the current financial circumstances of the parties, prior to modifying an order increasing such periodic arrearage payments.
267267
268268 (3) Family support magistrates shall review and approve or [modify] disapprove all agreements for support in IV-D support cases filed with the Family Support Magistrate Division in accordance with sections 17b-179, as amended by this act, 17b-745, as amended by this act, 46b-172, as amended by this act, 46b-215, as amended by this act, and subsection (c) of section 53-304.
269269
270270 Sec. 33. Subdivision (6) of subsection (m) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
271271
272272 (6) Agreements for support obtained in IV-D support cases shall be filed with the assistant clerk of the family support magistrate division for the judicial district where the mother or the father of the child resides, pursuant to subsection (b) of section 46b-172, as amended by this act, and shall become effective as an order upon filing with the clerk. Such support agreements shall be reviewed by a family support magistrate who shall approve or disapprove the agreement. If the support agreement filed with the clerk is disapproved by a family support magistrate, the reason for disapproval shall be stated in the record and such disapproval shall have a retroactive effect. Upon such disapproval, the clerk shall schedule a hearing to determine appropriate support amounts and notify all appearing parties of the hearing date.
273273
274274 Sec. 34. Subsection (s) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
275275
276276 (s) Support enforcement officers of Support Enforcement Services of the Superior Court shall:
277277
278278 (1) Supervise the payment of any child or spousal support order [made by a family support magistrate] in IV-D support cases and cases under sections 46b-212 to 46b-213w, inclusive, as amended by this act. Supervision of such orders is defined as the utilization of all procedures available by law to collect child or spousal support, or enforce medical support including (A) issuance and implementation of income withholdings ordered by the Superior Court or a family support magistrate pursuant to section 52-362, as amended by this act, (B) issuance of an order requiring any party to appear before a family support magistrate on an action to modify a support order pursuant to subdivision (4) of this subsection, (C) issuance of a capias mittimus directed to a proper officer to arrest an obligor or witness and bring such obligor or witness before a family support magistrate if such obligor or witness is served with a summons, subpoena, citation or order to appear issued by a family support magistrate, the assistant clerk of the Family Support Magistrate Division or a support enforcement officer and fails to appear, (D) if necessary, bringing an application for contempt to a family support magistrate and, in connection with such application, issuing an order requiring the obligor to appear before a family support magistrate to show cause why such obligor should not be held in contempt for failure to pay an order for child or spousal support entered by the Superior Court or a family support magistrate, and (E) issuance of a National Medical Support Notice in accordance with section 46b-88;
279279
280280 (2) In [non-TANF] non-TFA cases, have the authority to bring petitions for support orders pursuant to section 46b-215, as amended by 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 this act, and in IV-D support cases and cases under sections 46b-212 to 46b-213w, inclusive, as amended by this act, enforce foreign support orders registered with the Family Support Magistrate Division pursuant to sections 46b-213f to 46b-213i, inclusive, and file agreements for support with the assistant clerk of the Family Support Magistrate Division;
281281
282282 (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;
283283
284284 (4) Review child support orders (A) in [non-TANF] non-TFA IV-D support cases (i) at the request of either parent or custodial party subject to a support order, or (ii) upon receipt of information indicating a substantial change in circumstances of any party to the support order, (B) in [TANF] TFA cases, at the request of the Bureau of Child Support Enforcement, or (C) as necessary to comply with federal requirements for the child support enforcement program mandated by Title IV-D of the Social Security Act, and initiate an action before a family support magistrate to modify such support order if it is determined upon such review that the order substantially deviates from the child support guidelines established pursuant to section 46b-215a, [or 46b-215b] as amended by this act. A requesting party under subparagraph (A)(i) or (B) of this subdivision shall have a right to such review every three years without proving a substantial change in circumstances, but more frequent reviews shall be made only if such requesting party demonstrates a substantial change in circumstances. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines, consideration shall be given to the division of real and personal property between the parties set forth in any final decree entered pursuant to chapter 815j and the benefits accruing to the child as the result of such division. No order for periodic payment of support may be subject to retroactive modification, except that the family support magistrate may order modification with respect to any period during which there is a pending motion for modification of a support order from the date of service of notice of such pending motion to the opposing party pursuant to section 52-50.
285285
286286 Sec. 35. Subsection (t) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
287287
288288 (t) The Attorney General shall:
289289
290290 (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;
291291
292292 (2) In interstate support enforcement under sections 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, provide necessary legal services on behalf of the support enforcement agency in providing services to a petitioner;
293293
294294 (3) Represent the IV-D agency in providing support enforcement services in non-TANF IV-D support cases pursuant to sections 17b-179, as amended by this act, 17b-745, as amended by this act, and 46b-215, as amended by this act.
295295
296296 Sec. 36. Subsection (f) of section 52-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
297297
298298 (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-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689b, 17b-743 to 17b-747, inclusive, and 46b-212 to [46b-213v] 46b-213w, inclusive, as amended by this act, and chapters 815, 815p, 815t, 815y and 816, and actions to implement garnishments for support under section 52-362, as amended by this act, 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:
299299
300300 (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
301301
302302 (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.
303303
304304 Sec. 37. Subsection (a) of section 52-251d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
305305
306306 (a) In any civil action to establish paternity or to establish, modify or enforce child support orders in [TANF] temporary family assistance cases pursuant to sections 17b-745, as amended by this act, 46b-86, as amended by this act, 46b-160, 46b-171, as amended by this act, 46b-172, as amended by this act, 46b-215, as amended by this act and 46b-231, as amended by this act, the court may allow the state, when it is the prevailing party, a reasonable attorney's fee.
307307
308308 Sec. 38. Subsections (a) and (b) of section 52-362 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
309309
310310 (a) For the purposes of this section:
311311
312312 (1) "Dependent" means a spouse, former spouse or child entitled to payments under a support order, provided Support Enforcement Services of the Superior Court or the state acting under an assignment of a dependent's support rights or under an application for child support enforcement services shall, through an officer of Support Enforcement Services or the Bureau of Child Support Enforcement within the Department of Social Services or an investigator of the Department of Administrative Services or the Attorney General, take any action which the dependent could take to enforce a support order;
313313
314314 (2) "Disposable earnings" means that part of the earnings of an individual remaining after deduction from those earnings of amounts required to be withheld for the payment of federal, state and local income taxes, employment taxes, normal retirement contributions, union dues and initiation fees, and group life and health insurance premiums;
315315
316316 (3) "Earnings" means any debt accruing to an obligor by reason of such obligor's personal services, including any compensation payable by an employer to an employee for such personal services whether denominated as wages, salary, commission, bonus or otherwise, including unemployment compensation if a purchase of service agreement between the Commissioner of Social Services and the Labor Commissioner is in effect pursuant to subsection (e) of section 17b-179;
317317
318318 (4) "Employer" means any person, including the Labor Commissioner, who owes earnings to an obligor;
319319
320320 (5) "Income" means any periodic form of payment due to an individual, regardless of source, including, but not limited to, disposable earnings, workers' compensation and disability benefits, payments pursuant to a pension or retirement program and interest;
321321
322322 (6) "Issue" means: (A) Complete the withholding order form prescribed under subsection (q) of this section and serve such form on the employer or other payer of income, or (B) in the case of an income withholding order served electronically in accordance with subsection (h) of this section, transmit electronic data sufficient to implement the withholding to an employer that has agreed to receive electronic transmission of income withholding orders and notices;
323323
324324 [(6)] (7) "Obligor" means a person required to make payments under a support order;
325325
326326 [(7)] (8) "Support order" means a court order, or order of a family support magistrate including an agreement approved by a court or a family support magistrate, that requires the payment to a dependent of current support, cash medical support, a specific dollar amount of child care costs or arrearage payments;
327327
328328 [(8)] (9) "Unemployment compensation" means any compensation payable under chapter 567, including amounts payable by the administrator of the unemployment compensation law pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.
329329
330330 (b) The Superior Court and any family support magistrate shall [issue] enter an order for withholding pursuant to this section against the income of an obligor to enforce a support order when the support order is entered or modified or when the obligor is before the court in an enforcement proceeding. The court shall order the withholding to be effective immediately or may, for cause or pursuant to an agreement by the parties, order a contingent withholding to be effective only on accrual of a delinquency in an amount greater than or equal to thirty days' obligation. Any finding that there is cause not to order withholding to be effective immediately shall be based on at least (1) a written determination that, and explanation by the court or family support magistrate of why, implementing immediate income withholding would not be in the best interests of the child, and (2) proof of timely payment of previously ordered support in cases involving the modification of such support. Before the court or family support magistrate [issues] enters an order for withholding which is effective immediately against an obligor who is before the court or a family support magistrate, it shall inform the obligor of the minimum amount of income which is exempt from withholding under state and federal law, of such obligor's right to claim any applicable state or federal exemptions with respect thereto and of such obligor's right to offer any evidence as to why a withholding order effective immediately should not [issue] enter. If the court or family support magistrate [issues] enters an order for withholding to be effective immediately against a nonappearing obligor, notice shall be served subsequently upon the obligor in accordance with section 52-57, as amended by this act, or sent by certified mail, return receipt requested, to the obligor's last known address, informing such obligor: (A) That a support order has been [issued] entered to be enforced by an income withholding order, (B) that an income withholding order has been [issued] entered effective immediately as part of the support order, (C) of the minimum amount of income exempt from withholding under state and federal law and of such obligor's right at the hearing on the support order to claim any other applicable state or federal exemptions with respect thereto, (D) of such obligor's right to a hearing, upon motion to the court, to offer any evidence as to why the withholding order effective immediately should not continue in effect, (E) of the amount of income received by such obligor which formed the basis for the support order against such obligor, and (F) of such obligor's right to move to modify the support order if such obligor's income has changed substantially or if the support order substantially deviates from the child support guidelines established pursuant to section 46b-215a, as amended by this act.
331331
332332 Sec. 39. Subsection (h) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
333333
334334 (h) Service of any process under this section, including any notice, may be made in accordance with section 52-57, as amended by this act, or by certified mail, return receipt requested. If service is made on behalf of the state, it may be made by an authorized employee of Support Enforcement Services, [or] by an investigator or other officer of the Bureau of Child Support Enforcement within the Department of Social Services, [or] by an investigator of the Department of Administrative Services or by the Attorney General. Service of income withholding orders by Support Enforcement Services or by an investigator or other officer of said bureau upon an employer under this section may be made in accordance with section 52-57, as amended by this act, by certified mail, return receipt requested, [or] by first class mail or electronically, provided the employer agrees to accept service made electronically.
335335
336336 Sec. 40. Subsection (n) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
337337
338338 (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-213g to 46b-213j, inclusive. Notice of rights to the obligor and the obligor's right to contest such order are governed by sections 46b-213k to [46b-213m] 46b-213n, inclusive.
339339
340340 Sec. 41. Subsections (d) and (e) of section 52-362f of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
341341
342342 (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 this act, Support Enforcement Services 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, an obligor or an attorney for either the obligee or obligor, file such support order and documents in the registry maintained by Support Enforcement Services. Documentation required for the entry of a support order for another jurisdiction for the purpose of withholding of income shall comply with the requirements of section [46b-213i] 46b-213h. If the documentation received by Support Enforcement Services does not conform to those requirements, Support Enforcement Services shall remedy any defect which it can without the assistance of the obligee or requesting agency or person. If Support Enforcement Services is unable to make such corrections, the requesting agency or person shall immediately be notified of the necessary additions or corrections. Support Enforcement Services shall accept the documentation required by this subsection as long as the substantive requirements of this subsection are met.
343343
344344 (e) A support order registered under subsection (d) of this section shall be enforceable by withholding in the manner and with the effect as set forth for registered support orders of another jurisdiction pursuant to section 52-362, as amended by 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 46b-213o to [46b-213q] 46b-213r, inclusive. Entry of the order shall not confer jurisdiction on any court of this state for any purpose other than withholding of income.
345345
346346 Sec. 42. Section 52-362i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
347347
348348 If the court or family support magistrate finds that (1) an obligor is delinquent on payment of child support, and (2) future support payments are in jeopardy, or (3) the obligor has exhibited or expressed an intention not to pay any such support, the court or family support magistrate may order the obligor to provide a cash deposit not to exceed the amount of four times the current monthly support and arrearage obligation, to be held in escrow by the [Connecticut] Bureau of Child Support Enforcement [Bureau] or Support Enforcement Services. Any funds from such cash deposit may be disbursed by the [Connecticut] Bureau of Child Support Enforcement [Bureau] or Support Enforcement Services to the custodial parent upon a determination by said [support enforcement] bureau or Support Enforcement Services that the obligor has failed to pay the full amount of the monthly support obligation. Payment shall be in an amount that, when combined with the obligor's payment, would not exceed the monthly support obligation. Payment from such cash deposit shall not preclude a finding of delinquency during the period of time in which the obligor failed to pay current support.
349349
350350 Sec. 43. (NEW) (Effective October 1, 2010) Any judicial marshal may serve a capias mittimus on any person who is in the custody of the marshal or is in a courthouse where the marshal provides courthouse security if such capias mittimus was issued in a child support matter by (1) a court or a family support magistrate pursuant to subdivision (8) of subsection (a) of section 17b-745 of the general statutes, as amended by this act, or subparagraph (C) of subdivision (8) of subsection (a) of section 46b-215 of the general statutes, as amended by this act; or (2) a family support magistrate pursuant to subdivision (1) of subsection (m) of section 46b-231 of the general statutes, as amended by this act.
351351
352352 Sec. 44. Section 17b-77 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
353353
354354 Application for aid under the state supplement program, medical assistance program, temporary family assistance program and supplemental nutrition assistance program, shall be made to the Commissioner of Social Services. The name and address of each such applicant shall be recorded with the commissioner. Such application, in the case of temporary family assistance, shall be made by the supervising relative, his authorized representative, or, in the case of an individual who is incapacitated, someone acting responsibly for him and shall contain the name and the exact residence of such applicant, the name, place and date of birth of each dependent child, the Social Security number of the supervising relative and of each dependent child, and such other information as is required by the commissioner. If such supervising relative or any such child does not have a Social Security number, the commissioner shall assist in obtaining a Social Security number for each such person seeking public assistance and during the time required to obtain such Social Security numbers the supervising relative and children shall not be precluded from eligibility under this section. By such application, the applicant shall assign to the commissioner the right of support, [present,] past, present and future, due all persons seeking assistance and shall assist the commissioner in pursuing support obligations due from the noncustodial parent. On and after October 1, 2008, such assignment under the temporary family assistance program shall apply only to such support rights as accrue during the period of assistance, not to exceed the total amount of assistance provided to the family under said program. Notice of such assignment shall be conspicuously placed on said application and shall be explained to the applicant at the time of application. All information required to be provided to the commissioner as a condition of such eligibility under federal law shall be so provided by the applicant, provided, no person shall be determined to be ineligible if the applicant has good cause for the refusal to provide information concerning the noncustodial parent or if the provision of such information would be against the best interests of the dependent child or children, or any of them. The Commissioner of Social Services shall adopt by regulation, in accordance with chapter 54, standards as to good cause and best interests of the child. Any person aggrieved by a decision of the commissioner as to the determination of good cause or the best interests of such child or children may request a fair hearing in accordance with the provisions of sections 17b-60 and 17b-61. All statements made by the applicant concerning income, resources and any other matters pertaining to eligibility shall be certified to by the applicant as true and correct under penalty of false statement, and for any such certified statement which is untrue or incorrect such applicant shall be subject to the penalties provided for false statement under section 17b-97.
355355
356356 Sec. 45. Subsection (b) of section 14-45 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
357357
358358 (b) In IV-D support cases, as defined in subdivision [(14)] (13) of subsection (b) of section 46b-231, as amended by this act, upon written notification by the Department of Social Services that the address listed for the holder of a motor vehicle operator's license, or the holder of an identity card is incorrect, the Commissioner of Motor Vehicles shall notify the operator that the correct address must be furnished to the department. The commissioner shall refuse to issue or renew a motor vehicle operator's license if the address furnished by the applicant is determined to be incorrect. The department shall notify the Department of Social Services of the current address of holders of motor vehicle operator's licenses when a change of address is reported.
359359
360360 Sec. 46. Subsection (a) of section 17b-179a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
361361
362362 (a) On a quarterly basis, in IV-D support cases, as defined in subdivision [(14)] (13) of subsection (b) of section 46b-231, as amended by this act, the Department of Social Services shall compile a list of child support obligors who have no visible earnings and shall transmit such list to the Department of Revenue Services. The Commissioner of Revenue Services shall promptly identify any such individuals who have any reported assets or income and transmit to the Department of Social Services the name, address and Social Security number of such individuals together with information on reported assets or income available for such individuals.
363363
364364
365365
366366
367367 This act shall take effect as follows and shall amend the following sections:
368368 Section 1 October 1, 2010 17b-179(b) to (i)
369369 Sec. 2 October 1, 2010 17b-179(l)
370370 Sec. 3 October 1, 2010 17b-745(a)(5)(A) and (B)
371371 Sec. 4 October 1, 2010 17b-745(a)(8)
372372 Sec. 5 October 1, 2010 17b-745(b)
373373 Sec. 6 October 1, 2010 19a-42(d)
374374 Sec. 7 October 1, 2010 19a-42a
375375 Sec. 8 October 1, 2010 46b-56c(b)(4)
376376 Sec. 9 October 1, 2010 46b-62
377377 Sec. 10 October 1, 2010 46b-86(c)
378378 Sec. 11 October 1, 2010 46b-130
379379 Sec. 12 October 1, 2010 46b-168a(a)
380380 Sec. 13 October 1, 2010 46b-170
381381 Sec. 14 October 1, 2010 46b-171(a)(3)
382382 Sec. 15 October 1, 2010 46b-172(b)(1)
383383 Sec. 16 October 1, 2010 46b-172(c)(1)
384384 Sec. 17 October 1, 2010 46b-207
385385 Sec. 18 October 1, 2010 46b-208
386386 Sec. 19 October 1, 2010 46b-213d(a)
387387 Sec. 20 October 1, 2010 46b-213w
388388 Sec. 21 October 1, 2010 46b-215(a)(1)
389389 Sec. 22 October 1, 2010 46b-215(a)(7)(A)
390390 Sec. 23 October 1, 2010 46b-215(a)(8)(C)
391391 Sec. 24 October 1, 2010 46b-215(b)
392392 Sec. 25 October 1, 2010 46b-215(e)
393393 Sec. 26 October 1, 2010 46b-215a
394394 Sec. 27 October 1, 2010 46b-215b
395395 Sec. 28 October 1, 2010 46b-215c
396396 Sec. 29 October 1, 2010 46b-231(b)
397397 Sec. 30 October 1, 2010 46b-231(f)
398398 Sec. 31 October 1, 2010 46b-231(l)
399399 Sec. 32 October 1, 2010 46b-231(m)(1) to (3)
400400 Sec. 33 October 1, 2010 46b-231(m)(6)
401401 Sec. 34 October 1, 2010 46b-231(s)
402402 Sec. 35 October 1, 2010 46b-231(t)
403403 Sec. 36 October 1, 2010 52-57(f)
404404 Sec. 37 October 1, 2010 52-251d(a)
405405 Sec. 38 October 1, 2010 52-362(a) and (b)
406406 Sec. 39 October 1, 2010 52-362(h)
407407 Sec. 40 October 1, 2010 52-362(n)
408408 Sec. 41 October 1, 2010 52-362f(d) and (e)
409409 Sec. 42 October 1, 2010 52-362i
410410 Sec. 43 October 1, 2010 New section
411411 Sec. 44 October 1, 2010 17b-77
412412 Sec. 45 October 1, 2010 14-45(b)
413413 Sec. 46 October 1, 2010 17b-179a(a)
414414
415415 This act shall take effect as follows and shall amend the following sections:
416416
417417 Section 1
418418
419419 October 1, 2010
420420
421421 17b-179(b) to (i)
422422
423423 Sec. 2
424424
425425 October 1, 2010
426426
427427 17b-179(l)
428428
429429 Sec. 3
430430
431431 October 1, 2010
432432
433433 17b-745(a)(5)(A) and (B)
434434
435435 Sec. 4
436436
437437 October 1, 2010
438438
439439 17b-745(a)(8)
440440
441441 Sec. 5
442442
443443 October 1, 2010
444444
445445 17b-745(b)
446446
447447 Sec. 6
448448
449449 October 1, 2010
450450
451451 19a-42(d)
452452
453453 Sec. 7
454454
455455 October 1, 2010
456456
457457 19a-42a
458458
459459 Sec. 8
460460
461461 October 1, 2010
462462
463463 46b-56c(b)(4)
464464
465465 Sec. 9
466466
467467 October 1, 2010
468468
469469 46b-62
470470
471471 Sec. 10
472472
473473 October 1, 2010
474474
475475 46b-86(c)
476476
477477 Sec. 11
478478
479479 October 1, 2010
480480
481481 46b-130
482482
483483 Sec. 12
484484
485485 October 1, 2010
486486
487487 46b-168a(a)
488488
489489 Sec. 13
490490
491491 October 1, 2010
492492
493493 46b-170
494494
495495 Sec. 14
496496
497497 October 1, 2010
498498
499499 46b-171(a)(3)
500500
501501 Sec. 15
502502
503503 October 1, 2010
504504
505505 46b-172(b)(1)
506506
507507 Sec. 16
508508
509509 October 1, 2010
510510
511511 46b-172(c)(1)
512512
513513 Sec. 17
514514
515515 October 1, 2010
516516
517517 46b-207
518518
519519 Sec. 18
520520
521521 October 1, 2010
522522
523523 46b-208
524524
525525 Sec. 19
526526
527527 October 1, 2010
528528
529529 46b-213d(a)
530530
531531 Sec. 20
532532
533533 October 1, 2010
534534
535535 46b-213w
536536
537537 Sec. 21
538538
539539 October 1, 2010
540540
541541 46b-215(a)(1)
542542
543543 Sec. 22
544544
545545 October 1, 2010
546546
547547 46b-215(a)(7)(A)
548548
549549 Sec. 23
550550
551551 October 1, 2010
552552
553553 46b-215(a)(8)(C)
554554
555555 Sec. 24
556556
557557 October 1, 2010
558558
559559 46b-215(b)
560560
561561 Sec. 25
562562
563563 October 1, 2010
564564
565565 46b-215(e)
566566
567567 Sec. 26
568568
569569 October 1, 2010
570570
571571 46b-215a
572572
573573 Sec. 27
574574
575575 October 1, 2010
576576
577577 46b-215b
578578
579579 Sec. 28
580580
581581 October 1, 2010
582582
583583 46b-215c
584584
585585 Sec. 29
586586
587587 October 1, 2010
588588
589589 46b-231(b)
590590
591591 Sec. 30
592592
593593 October 1, 2010
594594
595595 46b-231(f)
596596
597597 Sec. 31
598598
599599 October 1, 2010
600600
601601 46b-231(l)
602602
603603 Sec. 32
604604
605605 October 1, 2010
606606
607607 46b-231(m)(1) to (3)
608608
609609 Sec. 33
610610
611611 October 1, 2010
612612
613613 46b-231(m)(6)
614614
615615 Sec. 34
616616
617617 October 1, 2010
618618
619619 46b-231(s)
620620
621621 Sec. 35
622622
623623 October 1, 2010
624624
625625 46b-231(t)
626626
627627 Sec. 36
628628
629629 October 1, 2010
630630
631631 52-57(f)
632632
633633 Sec. 37
634634
635635 October 1, 2010
636636
637637 52-251d(a)
638638
639639 Sec. 38
640640
641641 October 1, 2010
642642
643643 52-362(a) and (b)
644644
645645 Sec. 39
646646
647647 October 1, 2010
648648
649649 52-362(h)
650650
651651 Sec. 40
652652
653653 October 1, 2010
654654
655655 52-362(n)
656656
657657 Sec. 41
658658
659659 October 1, 2010
660660
661661 52-362f(d) and (e)
662662
663663 Sec. 42
664664
665665 October 1, 2010
666666
667667 52-362i
668668
669669 Sec. 43
670670
671671 October 1, 2010
672672
673673 New section
674674
675675 Sec. 44
676676
677677 October 1, 2010
678678
679679 17b-77
680680
681681 Sec. 45
682682
683683 October 1, 2010
684684
685685 14-45(b)
686686
687687 Sec. 46
688688
689689 October 1, 2010
690690
691691 17b-179a(a)
692692
693693 Statement of Purpose:
694694
695695 To revise procedures for the establishment, modification and enforcement of child support orders in Title IV-D child support cases, and make technical changes to update, clarify and improve the consistency of child support statutes.
696696
697697 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]