Connecticut 2011 Regular Session

Connecticut Senate Bill SB00376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 376
2		-	January Session, 2011 _____SB00376VA_JUD030811____
	1	+	General Assembly Committee Bill No. 376
	2	+	January Session, 2011 LCO No. 4241
	3	+	04241SB00376VA_
	4	+	Referred to Committee on Select Committee on Veterans' Affairs
	5	+	Introduced by:
	6	+	(VA)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 376
	10	+	Committee Bill No. 376
7	11
8	12		January Session, 2011
9	13
10		-	_____SB00376VA_JUD030811____
	14	+	LCO No. 4241
	15	+
	16	+	04241SB00376VA_
	17	+
	18	+	Referred to Committee on Select Committee on Veterans' Affairs
	19	+
	20	+	Introduced by:
	21	+
	22	+	(VA)
11	23
12	24		AN ACT CONCERNING DISABILITY COMPENSATION FOR VETERANS.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16	28		Section 1. Subsection (c) of section 46b-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
17	29
18	30		(c) In fixing the nature and value of the property, if any, to be assigned, the court, after hearing the witnesses, if any, of each party, except as provided in subsection (a) of section 46b-51, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates. The court shall exclude from the amount and sources of income considered in this subsection any amount of disability compensation received by either party from the United States Department of Veterans Affairs.
19	31
20	32		Sec. 2. Subsection (a) of section 46b-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
21	33
22		-	(a) At the time of entering the decree, the Superior Court may order either of the parties to pay alimony to the other, in addition to or in lieu of an award pursuant to section 46b-81, as amended by this act. The order may direct that security be given therefor on such terms as the court may deem desirable, including an order pursuant to subsection (b) of this section or an order to either party to contract with a third party for periodic payments or payments contingent on a life to the other party. The court may order that a party obtain life insurance as such security unless such party proves, by a preponderance of the evidence, that such insurance is not available to such party, such party is unable to pay the cost of such insurance or such party is uninsurable. In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall hear the witnesses, if any, of each party, except as provided in subsection (a) of section 46b-51, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties and the award, if any, which the court may make pursuant to section 46b-81, as amended by this act, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent's securing employment. The court shall exclude from the amount and sources of income considered in this subsection any amount of disability compensation received by either party from the United States Department of Veterans Affairs.
	34	+	(a) At the time of entering the decree, the Superior Court may order either of the parties to pay alimony to the other, in addition to or in lieu of an award pursuant to section 46b-81. The order may direct that security be given therefor on such terms as the court may deem desirable, including an order pursuant to subsection (b) of this section or an order to either party to contract with a third party for periodic payments or payments contingent on a life to the other party. The court may order that a party obtain life insurance as such security unless such party proves, by a preponderance of the evidence, that such insurance is not available to such party, such party is unable to pay the cost of such insurance or such party is uninsurable. In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall hear the witnesses, if any, of each party, except as provided in subsection (a) of section 46b-51, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties and the award, if any, which the court may make pursuant to section 46b-81, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent's securing employment. The court shall exclude from the amount and sources of income considered in this subsection any amount of disability compensation received by either party from the United States Department of Veterans Affairs.
	35	+
	36	+	Sec. 3. Subsection (d) of section 46b-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
	37	+
	38	+	(d) In determining whether a child is in need of maintenance and, if in need, the respective abilities of the parents to provide such maintenance and the amount thereof, the court shall consider the age, health, station, occupation, earning capacity, amount and sources of income, estate, vocational skills and employability of each of the parents, and the age, health, station, occupation, educational status and expectation, amount and sources of income, vocational skills, employability, estate and needs of the child. The court shall exclude from the amount and sources of income considered in this subsection any amount of disability compensation received by either such parent from the United States Department of Veterans Affairs.
23	39
24	40
25	41
26	42
27	43		This act shall take effect as follows and shall amend the following sections:
28	44		Section 1 October 1, 2011 46b-81(c)
29	45		Sec. 2 October 1, 2011 46b-82(a)
	46	+	Sec. 3 October 1, 2011 46b-84(d)
30	47
31	48		This act shall take effect as follows and shall amend the following sections:
32	49
33	50		Section 1
34	51
35	52		October 1, 2011
36	53
37	54		46b-81(c)
38	55
39	56		Sec. 2
40	57
41	58		October 1, 2011
42	59
43	60		46b-82(a)
44	61
	62	+	Sec. 3
	63	+
	64	+	October 1, 2011
	65	+
	66	+	46b-84(d)
	67	+
	68	+	Statement of Purpose:
	69	+
	70	+	To require the Superior Court to exclude from the amount and sources of income considered in determining orders for (1) alimony or property assignment in an action for marital dissolution, annulment or legal separation, or (2) child support, any disability income received by either party from the United States Department of Veterans Affairs.
	71	+
	72	+	[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.]
45	73
46	74
47		-	VA Joint Favorable Subst. C/R JUD
48	75
49		-	VA
	76	+	Co-Sponsors: SEN. MAYNARD, 18th Dist.
50	77
51		-	~~Joint Favorable Subst. C/R~~
	78	+	Co-Sponsors:
52	79
53		-	JUD
	80	+	SEN. MAYNARD, 18th Dist.
	81	+
	82	+	S.B. 376