| 1 | 1 | | General Assembly Raised Bill No. 446 |
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| 2 | 2 | | February Session, 2010 LCO No. 2047 |
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| 3 | 3 | | *02047_______JUD* |
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| 4 | 4 | | Referred to Committee on Judiciary |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (JUD) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 446 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2010 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 2047 |
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| 15 | 15 | | |
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| 16 | 16 | | *02047_______JUD* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (JUD) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING CHILD SUPPORT ORDERS, ENFORCEMENT AND REPORTS. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (b) of section 17b-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 29 | 29 | | |
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| 30 | 30 | | (b) No person shall, except for purposes directly connected with the administration of programs of the Department of Social Services and in accordance with the regulations of the commissioner, solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any list of the names of, or any information concerning, persons applying for or receiving assistance from the Department of Social Services or persons participating in a program administered by said department, directly or indirectly derived from the records, papers, files or communications of the state or its subdivisions or agencies, or acquired in the course of the performance of official duties. The Commissioner of Social Services shall disclose (1) to any authorized representative of the Labor Commissioner such information directly related to unemployment compensation, administered pursuant to chapter 567 or information necessary for implementation of sections 17b-688b, 17b-688c and 17b-688h and section 122 of public act 97-2 of the June 18 special session*, (2) to any authorized representative of the Commissioner of Mental Health and Addiction Services any information necessary for the implementation and operation of the basic needs supplement program or for the management of and payment for behavioral health services for applicants for and recipients of state-administered general assistance, (3) to any authorized representative of the Commissioner of Administrative Services, or the Commissioner of Public Safety such information as the state Commissioner of Social Services determines is directly related to and necessary for the Department of Administrative Services or the Department of Public Safety for purposes of performing their functions of collecting social services recoveries and overpayments or amounts due as support in social services cases, investigating social services fraud or locating absent parents of public assistance recipients, (4) to any authorized representative of the Commissioner of Children and Families necessary information concerning a child or the immediate family of a child receiving services from the Department of Social Services, including safety net services, if the Commissioner of Children and Families or the Commissioner of Social Services has determined that imminent danger to such child's health, safety or welfare exists to target the services of the family services programs administered by the Department of Children and Families, (5) to a town official or other contractor or authorized representative of the Labor Commissioner such information concerning an applicant for or a recipient of financial or medical assistance under state-administered general assistance deemed necessary by said commissioners to carry out their respective responsibilities to serve such persons under the programs administered by the Labor Department that are designed to serve applicants for or recipients of state-administered general assistance, (6) to any authorized representative of the Commissioner of Mental Health and Addiction Services for the purposes of the behavioral health managed care program established by section 17a-453, (7) to any authorized representative of the Commissioner of Public Health to carry out his or her respective responsibilities under programs that regulate child day care services or youth camps, [or] (8) to a health insurance provider, in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, information concerning a child and the custodial parent of such child that is necessary to enroll such child in a health insurance plan available through such provider when the noncustodial parent of such child is under court order to provide health insurance coverage but is unable to provide such information, provided the Commissioner of Social Services determines, after providing prior notice of the disclosure to such custodial parent and an opportunity for such parent to object, that such disclosure is in the best interests of the child, (9) to any authorized representative of the Department of Correction, in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, information concerning noncustodial parents that is necessary to identify inmates or parolees with IV-D support cases who may benefit from Department of Correction educational, training, skill building, work, rehabilitation or similar programming that will significantly increase the inmate's or parolee's ability to fulfill the duty to support, or (10) to any authorized representative of the Court Support Services Division of the Judicial Branch, in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, information concerning noncustodial parents that is necessary to identify probationers with IV-D support cases who may benefit from educational, training, skill building, work, rehabilitation or similar programming managed by the Judicial Branch that will significantly increase the probationer's ability to fulfill the duty to support. No such representative shall disclose any information obtained pursuant to this section, except as specified in this section. Any applicant for assistance provided through said department shall be notified that, if and when such applicant receives benefits, the department will be providing law enforcement officials with the address of such applicant upon the request of any such official pursuant to section 17b-16a. |
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| 31 | 31 | | |
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| 32 | 32 | | Sec. 2. Subsection (n) of section 17b-179 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 33 | 33 | | |
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| 34 | 34 | | (n) Each year, on or before April first, the IV-D agency, in accordance with section 11-4a, as amended by this act, shall submit to the joint standing committees of the General Assembly having cognizance of matters relating to judiciary and human services an assessment report on the administration and performance of the child support enforcement program during the preceding federal fiscal year. Such report may be submitted in electronic form. |
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| 35 | 35 | | |
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| 36 | 36 | | Sec. 3. Subdivision (1) 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): |
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| 37 | 37 | | |
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| 38 | 38 | | (a) (1) The Superior Court or a family support magistrate may make and enforce orders for payment of support to the Commissioner of Administrative Services or, in IV-D support cases, to the state acting by and through the IV-D agency, directed to the husband or wife and, if the patient or person is under the age of eighteen years or as otherwise provided in this subsection, to any parent of any patient or person being supported by the state, wholly or in part, in a state humane institution, or under any welfare program administered by the Department of Social Services, as the court or family support magistrate finds, in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130, as amended by this act, to be reasonably commensurate with the financial ability of any such relative. If such person is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such person is in need of support, until such person completes the twelfth grade or attains the age of nineteen, whichever occurs first. The court or family support magistrate may make appropriate orders of support for any child with mental retardation, as defined in section 1-1g, or a mental disability, as defined in subdivision (20) of section 46a-51, or who is physically disabled, as defined in subdivision (15) of section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance. Such order of support may continue until such child attains the age of twenty-one. The child support guidelines established pursuant to section 46b-215a shall not apply to orders entered for any child with mental retardation or a mental disability or who is physically disabled. Any court or family support magistrate called upon to make or enforce such an order, including an order based upon a determination consented to by the relative, shall ensure that such order is reasonable in light of the relative's ability to pay. |
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| 39 | 39 | | |
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| 40 | 40 | | Sec. 4. Section 46b-61 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 41 | 41 | | |
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| 42 | 42 | | In all cases in which the parents of a minor child live separately, the superior court for the judicial district where the parties or one of them resides may, on the application of either party and after notice given to the other, make any order as to the, care, education, visitation and support of any minor child of the parties, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66, provided, if paternity of the minor child has not been established, the court shall make a finding of paternity of the minor child prior to entering such order. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause. |
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| 43 | 43 | | |
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| 44 | 44 | | Sec. 5. Subsections (a) to (c), inclusive, of section 46b-84 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 45 | 45 | | |
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| 46 | 46 | | (a) Upon or subsequent to the annulment or dissolution of any marriage or the entry of a decree of legal separation or divorce, the parents of a minor child of the marriage [,] shall maintain the child according to their respective abilities, if the child is in need of maintenance. The court in such cases may also determine, order and enforce payment of any support due because of neglect or refusal to furnish support prior to the action. Any postjudgment procedure afforded by chapter 906 shall be available to secure the past, present and future financial interests of a party in connection with a final order for the periodic payment of child support. |
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| 47 | 47 | | |
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| 48 | 48 | | (b) If there is an unmarried child of the marriage who has attained the age of eighteen and is a full-time high school student, the parents shall maintain the child according to their respective abilities if the child is in need of maintenance until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. The provisions of this subsection shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after July 1, 1994. |
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| 49 | 49 | | |
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| 50 | 50 | | (c) The court may make appropriate orders of support of any child with mental retardation, as defined in section 1-1g, or a mental disability, [or physical disability] as defined in subdivision (20) of section 46b-51, or who is physically disabled, as defined in subdivision (15) of section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance. Such order of support may continue until such child attains the age of twenty-one. The child support guidelines established pursuant to section 46b-215a shall not apply to orders entered under this subsection. The provisions of this subsection shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after October 1, 1997, or where the initial support orders in actions not claiming any such decree are entered on or after October 1, 1997. |
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| 51 | 51 | | |
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| 52 | 52 | | Sec. 6. Subparagraph (A) of subdivision (1) 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): |
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| 53 | 53 | | |
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| 54 | 54 | | (a) (1) (A) If the defendant is found to be the father of the child, the court or family support magistrate shall order the defendant to stand charged with the support and maintenance of such child, with the assistance of the mother if such mother is financially able, as the court or family support magistrate finds, in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 17b-745, as amended by this act, 46b-129, 46b-130, as amended by this act, or 46b-215, as amended by this act, to be reasonably commensurate with the financial ability of the defendant, and to pay a certain sum periodically until the child attains the age of eighteen years or as otherwise provided in this subsection. 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. The court or family support magistrate may make appropriate orders of support for any child with mental retardation, as defined in section 1-1g, or a mental disability, as defined in subdivision (20) of section 46a-51, or who is physically disabled, as defined in subdivision (15) of section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance. Such order of support may continue until such child attains the age of twenty-one. The child support guidelines established pursuant to section 46b-215a shall not apply to orders entered for any child with mental retardation or a mental disability or who is physically disabled. |
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| 55 | 55 | | |
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| 56 | 56 | | Sec. 7. 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): |
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| 57 | 57 | | |
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| 58 | 58 | | (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, inclusive, 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, 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, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. The court or family support magistrate may make appropriate orders of support for any child with mental retardation, as defined in section 1-1g, or a mental disability, as defined in subdivision (20) of section 46a-51, or who is physically disabled, as defined in subdivision (15) of section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance. Such order of support may continue until such child attains the age of twenty-one. The child support guidelines established pursuant to section 46b-215a shall not apply to orders entered for any child with mental retardation or a mental disability or who is physically disabled. |
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| 59 | 59 | | |
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| 60 | 60 | | Sec. 8. 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): |
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| 61 | 61 | | |
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| 62 | 62 | | (a) (1) The Superior Court or a family support magistrate may make and enforce orders for payment of support against any person who neglects or refuses to furnish necessary support to such person's spouse or a child under the age of eighteen or as otherwise provided in this subsection, according to such person's ability to furnish such support, notwithstanding the provisions of section 46b-37. If such child is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. The court or family support magistrate may make appropriate orders of support for any child with mental retardation, as defined in section 1-1g, or a mental disability, as defined in subdivision (20) of section 46a-51, or who is physically disabled, as defined in subdivision (15) of section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance. Such order of support may continue until such child attains the age of twenty-one. The child support guidelines established pursuant to section 46b-215a shall not apply to orders entered for any child with mental retardation or a mental disability or who is physically disabled. |
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| 63 | 63 | | |
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| 64 | 64 | | Sec. 9. Subdivision (8) 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): |
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| 65 | 65 | | |
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| 66 | 66 | | (8) Agreements between parties as to custody and visitation of minor children in IV-D support cases may be filed with the assistant clerk of the Family Support Magistrate Division. Such agreements shall be reviewed by a family support magistrate, who shall approve the agreement unless he finds such agreement is not in the best interests of the child. [Agreements between parties as to custody and visitation in IV-D support cases shall be enforced in the same manner as agreements for support are enforced, pursuant to subdivision (7) of this subsection.] |
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| 67 | 67 | | |
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| 68 | 68 | | Sec. 10. Subsection (s) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 69 | 69 | | |
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| 70 | 70 | | (s) Support enforcement officers of Support Enforcement Services of the Superior Court shall: |
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| 71 | 71 | | |
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| 72 | 72 | | (1) Supervise the payment of any child or spousal support order made by a family support magistrate. Supervision of such orders is defined as the utilization of all procedures available by law to collect child or spousal support, 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, and (F) acknowledgment of agreements necessary for the conduct of activities authorized in subdivision (4) of this subsection; |
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| 73 | 73 | | |
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| 74 | 74 | | (2) In non-TANF 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, 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; |
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| 75 | 75 | | |
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| 76 | 76 | | (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; |
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| 77 | 77 | | |
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| 78 | 78 | | (4) Review child support orders (A) in non-TANF 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 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. 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. |
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| 79 | 79 | | |
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| 80 | 80 | | Sec. 11. Subdivision (1) of subsection (c) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 81 | 81 | | |
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| 82 | 82 | | (c) (1) If an obligor is delinquent on support payments on any prior order of support in an amount greater than or equal to thirty days' obligation, whether or not such order is subject to a contingent income withholding, such obligor shall become subject to withholding and the dependent shall cause a delinquency notice to be served on such obligor. The delinquency notice shall include a claim form and be in clear and simple language informing the obligor that (A) such obligor is delinquent under the support order in a specified amount and any additional amounts accruing until the effective date of the withholding order, (B) a withholding order has become effective against such obligor's income, (C) such obligor has fifteen days to request a hearing before the court or family support magistrate, and at such hearing such obligor may contest the claimed delinquency and the imposition of the income withholding, seek modification of the withholding order, and claim any lawful exemption with respect to such obligor's income, (D) such obligor has a right to seek modification of the support order by a proper motion filed with the court or family support magistrate, [(E) eighty-five per cent of the first one hundred forty-five dollars of disposable income per week are exempt, and (F)] and (E) the amount of the withholding order may not exceed the maximum percentage of disposable income which may be withheld pursuant to Section 1673 of Title 15 of the United States Code, together with a statement of such obligor's right to claim any other applicable state or federal exemptions with respect thereto. The claim form shall contain a checklist identifying the most common defenses and exemptions such that the obligor may check any which apply to the obligor and a space where the obligor may briefly explain the claim or request a modification of or raise a defense to the support order. |
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| 83 | 83 | | |
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| 84 | 84 | | Sec. 12. Subsection (e) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 85 | 85 | | |
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| 86 | 86 | | (e) A withholding order shall issue in the amount necessary to enforce a support order against only such [nonexempt] income of the obligor as exceeds [the greater of (1) eighty-five per cent of the first one hundred forty-five dollars per week of disposable income, or (2)] the amount exempt under Section 1673 of Title 15 of the United States Code, or against any lesser amount which the court or family support magistrate deems equitable. Subject to subsection (d) of section 46b-88, the withholding order shall secure payment of past and future amounts due under the support order and an additional amount computed in accordance with the child support guidelines established in accordance with section 46b-215a, to be applied toward liquidation of any arrearage accrued under such order, unless contested by the obligor after a notice has been served pursuant to subsection (c) of this section, in which case the court or family support magistrate may determine the amount to be applied toward the liquidation of the arrearage found to have accrued under prior order of the court or family support magistrate. In no event shall such additional amount be applied if there is an existing arrearage order from the court or family support magistrate in a IV-D support case, as defined in subdivision (13) of subsection (b) of section 46b-231. Any investigator or other authorized employee of the Bureau of Child Support Enforcement within the Department of Social Services, or any officer of Support Enforcement Services of the Superior Court, may issue a withholding order entered by the Superior Court or a family support magistrate pursuant to subsection (b) of this section, and shall issue a withholding order pursuant to this subsection when the obligor becomes subject to withholding under subsection (c) of this section. On service of the order of withholding on an existing or any future employer or other payer of income, and until the support order is fully satisfied or modified, the order of withholding is a continuing lien and levy on the obligor's income as it becomes due. |
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| 87 | 87 | | |
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| 88 | 88 | | Sec. 13. Section 11-4a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 89 | 89 | | |
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| 90 | 90 | | Each commission, task force or committee appointed by the Governor or the General Assembly, or both, and required to report its findings and recommendations, and each state agency which submits a report to the General Assembly or any committee of the General Assembly, shall submit its report to the clerks of the Senate and the House of Representatives, and shall file with the State Librarian as many copies of such report as the commission, task force, committee or agency and the librarian jointly deem appropriate, and one copy with the Office of Legislative Research. Any report submitted pursuant to subsection (n) of section 17b-179, as amended by this act, may be in electronic form. |
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| 91 | 91 | | |
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| 92 | 92 | | Sec. 14. 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): |
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| 93 | 93 | | |
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| 94 | 94 | | 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. |
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| 95 | 95 | | |
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| 96 | 96 | | Sec. 15. Section 46b-130 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 97 | 97 | | |
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| 98 | 98 | | 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 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. By such application, the applicant shall assign to the commissioner the right of support, 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. 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. |
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| 99 | 99 | | |
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| 100 | 100 | | Sec. 16. 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 from passage): |
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| 101 | 101 | | |
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| 102 | 102 | | (b) In IV-D support cases, as defined in subdivision [(14)] (13) of subsection (b) of section 46b-231, 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. |
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| 103 | 103 | | |
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| 104 | 104 | | Sec. 17. Subsection (a) of section 17b-179a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 105 | 105 | | |
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| 106 | 106 | | (a) On a quarterly basis, in IV-D support cases, as defined in subdivision [(14)] (13) of subsection (b) of section 46b-231, 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. |
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| 107 | 107 | | |
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| 108 | 108 | | Sec. 18. Subsection (b) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 109 | 109 | | |
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| 110 | 110 | | (b) Except as provided in sections 46b-212 to 46b-213v, inclusive, any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. Except as provided in sections 46b-212 to 46b-213v, inclusive, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including Support Enforcement Services in [TANF] IV-D support cases, as defined in subdivision [(14)] (13) of subsection (b) of section 46b-231, upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in sections 46b-213o to 46b-213q, 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. |
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| 111 | 111 | | |
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| 112 | 112 | | |
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| 113 | 113 | | |
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| 114 | 114 | | |
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| 115 | 115 | | This act shall take effect as follows and shall amend the following sections: |
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| 116 | 116 | | Section 1 October 1, 2010 17b-90(b) |
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| 117 | 117 | | Sec. 2 October 1, 2010 17b-179(n) |
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| 118 | 118 | | Sec. 3 October 1, 2010 17b-745(a)(1) |
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| 119 | 119 | | Sec. 4 October 1, 2010 46b-61 |
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| 120 | 120 | | Sec. 5 October 1, 2010 46b-84(a) to (c) |
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| 121 | 121 | | Sec. 6 October 1, 2010 46b-171(a)(1)(A) |
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| 122 | 122 | | Sec. 7 October 1, 2010 46b-172(c)(1) |
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| 123 | 123 | | Sec. 8 October 1, 2010 46b-215(a)(1) |
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| 124 | 124 | | Sec. 9 October 1, 2010 46b-231(m)(8) |
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| 125 | 125 | | Sec. 10 October 1, 2010 46b-231(s) |
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| 126 | 126 | | Sec. 11 October 1, 2010 52-362(c)(1) |
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| 127 | 127 | | Sec. 12 October 1, 2010 52-362(e) |
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| 128 | 128 | | Sec. 13 October 1, 2010 11-4a |
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| 129 | 129 | | Sec. 14 October 1, 2010 17b-77 |
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| 130 | 130 | | Sec. 15 October 1, 2010 46b-130 |
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| 131 | 131 | | Sec. 16 from passage 14-45(b) |
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| 132 | 132 | | Sec. 17 from passage 17b-179a(a) |
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| 133 | 133 | | Sec. 18 from passage 17b-745(b) |
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| 134 | 134 | | |
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| 135 | 135 | | This act shall take effect as follows and shall amend the following sections: |
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| 136 | 136 | | |
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| 137 | 137 | | Section 1 |
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| 138 | 138 | | |
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| 139 | 139 | | October 1, 2010 |
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| 140 | 140 | | |
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| 141 | 141 | | 17b-90(b) |
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| 142 | 142 | | |
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| 143 | 143 | | Sec. 2 |
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| 144 | 144 | | |
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| 145 | 145 | | October 1, 2010 |
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| 146 | 146 | | |
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| 147 | 147 | | 17b-179(n) |
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| 148 | 148 | | |
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| 149 | 149 | | Sec. 3 |
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| 150 | 150 | | |
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| 151 | 151 | | October 1, 2010 |
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| 152 | 152 | | |
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| 153 | 153 | | 17b-745(a)(1) |
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| 154 | 154 | | |
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| 155 | 155 | | Sec. 4 |
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| 156 | 156 | | |
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| 157 | 157 | | October 1, 2010 |
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| 158 | 158 | | |
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| 159 | 159 | | 46b-61 |
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| 160 | 160 | | |
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| 161 | 161 | | Sec. 5 |
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| 162 | 162 | | |
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| 163 | 163 | | October 1, 2010 |
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| 164 | 164 | | |
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| 165 | 165 | | 46b-84(a) to (c) |
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| 166 | 166 | | |
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| 167 | 167 | | Sec. 6 |
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| 168 | 168 | | |
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| 169 | 169 | | October 1, 2010 |
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| 170 | 170 | | |
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| 171 | 171 | | 46b-171(a)(1)(A) |
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| 172 | 172 | | |
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| 173 | 173 | | Sec. 7 |
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| 174 | 174 | | |
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| 175 | 175 | | October 1, 2010 |
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| 176 | 176 | | |
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| 177 | 177 | | 46b-172(c)(1) |
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| 178 | 178 | | |
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| 179 | 179 | | Sec. 8 |
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| 180 | 180 | | |
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| 181 | 181 | | October 1, 2010 |
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| 182 | 182 | | |
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| 183 | 183 | | 46b-215(a)(1) |
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| 184 | 184 | | |
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| 185 | 185 | | Sec. 9 |
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| 186 | 186 | | |
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| 187 | 187 | | October 1, 2010 |
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| 188 | 188 | | |
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| 189 | 189 | | 46b-231(m)(8) |
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| 190 | 190 | | |
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| 191 | 191 | | Sec. 10 |
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| 192 | 192 | | |
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| 193 | 193 | | October 1, 2010 |
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| 194 | 194 | | |
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| 195 | 195 | | 46b-231(s) |
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| 196 | 196 | | |
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| 197 | 197 | | Sec. 11 |
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| 198 | 198 | | |
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| 199 | 199 | | October 1, 2010 |
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| 200 | 200 | | |
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| 201 | 201 | | 52-362(c)(1) |
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| 202 | 202 | | |
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| 203 | 203 | | Sec. 12 |
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| 204 | 204 | | |
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| 205 | 205 | | October 1, 2010 |
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| 206 | 206 | | |
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| 207 | 207 | | 52-362(e) |
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| 208 | 208 | | |
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| 209 | 209 | | Sec. 13 |
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| 210 | 210 | | |
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| 211 | 211 | | October 1, 2010 |
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| 212 | 212 | | |
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| 213 | 213 | | 11-4a |
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| 214 | 214 | | |
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| 215 | 215 | | Sec. 14 |
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| 216 | 216 | | |
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| 217 | 217 | | October 1, 2010 |
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| 218 | 218 | | |
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| 219 | 219 | | 17b-77 |
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| 220 | 220 | | |
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| 221 | 221 | | Sec. 15 |
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| 222 | 222 | | |
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| 223 | 223 | | October 1, 2010 |
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| 224 | 224 | | |
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| 225 | 225 | | 46b-130 |
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| 226 | 226 | | |
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| 227 | 227 | | Sec. 16 |
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| 228 | 228 | | |
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| 229 | 229 | | from passage |
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| 230 | 230 | | |
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| 231 | 231 | | 14-45(b) |
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| 232 | 232 | | |
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| 233 | 233 | | Sec. 17 |
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| 234 | 234 | | |
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| 235 | 235 | | from passage |
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| 236 | 236 | | |
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| 237 | 237 | | 17b-179a(a) |
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| 238 | 238 | | |
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| 239 | 239 | | Sec. 18 |
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| 240 | 240 | | |
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| 241 | 241 | | from passage |
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| 242 | 242 | | |
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| 243 | 243 | | 17b-745(b) |
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| 244 | 244 | | |
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| 245 | 245 | | Statement of Purpose: |
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| 246 | 246 | | |
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| 247 | 247 | | To (1) revise provisions concerning child support enforcement and orders, (2) permit the Department of Social Services to share information with the Department of Correction and the Judicial Branch to identify inmates, parolees and probationers with IV-D support cases who may benefit from programming that will increase the inmate's parolee's or probationer's ability to fulfill the duty to support, (3) require a court to determine paternity in certain cases concerning custody, care, education, visitation and support of any minor child of the parties if paternity has not been established, (4) allow IV-D agency reports to the General Assembly to be filed in electronic form, and (5) make conforming changes among various sections and make technical changes. |
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| 248 | 248 | | |
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| 249 | 249 | | [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.] |
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