| 1 | 1 | | General Assembly Raised Bill No. 1221 |
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| 2 | 2 | | January Session, 2011 LCO No. 5024 |
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| 3 | 3 | | *05024_______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. 1221 |
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| 11 | 11 | | |
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| 12 | 12 | | January Session, 2011 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 5024 |
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| 15 | 15 | | |
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| 16 | 16 | | *05024_______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 PATERNITY AND CHILD SUPPORT OBLIGATIONS. |
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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. Section 46b-172a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) Any person claiming to be the father of a child born out of wedlock may at any time, but no later than sixty days after the date of notice under section 45a-716, file a claim for paternity with the court of probate for the district in which either the mother or the child resides, on forms provided by such court. The claim shall contain the claimant's name and address, the name and last-known address of the mother and the month and year of the birth or expected birth of the child. Not later than five days after the filing of a claim for paternity, the judge of the court of probate shall cause a certified copy of such claim to be served upon the mother or prospective mother of such child by personal service or service at her usual place of abode, and to the Attorney General by first class mail. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231. The claim for paternity shall be admissible in any action for paternity under section 46b-160. [, and shall estop the claimant from denying his paternity of such child and shall contain language that he acknowledges liability for contribution to the support and education of the child after its birth and for contribution to the pregnancy-related medical expenses of the mother] By filing a claim under this section, the putative father submits to the jurisdiction of the court of probate. |
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| 31 | 31 | | |
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| 32 | 32 | | (b) If a claim for paternity is filed by the father of any minor child born out of wedlock, the court of probate shall schedule a hearing on such claim, send notice of the hearing to all parties involved and proceed accordingly. |
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| 33 | 33 | | |
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| 34 | 34 | | (c) In such proceeding, unless the issue of paternity has been determined in a court of competent jurisdiction, the Probate Court, upon motion of any party or on its own motion, may order genetic tests which shall mean deoxyribonucleic acid tests, to be performed by a hospital, accredited laboratory, qualified physician or other qualified person designated by the court, to determine whether or not the putative father is the father of the child, provided the court finds evidence that sexual intercourse occurred between the mother and putative father during the period of time in which the child was conceived. The results of such tests, whether ordered under this section or required by the IV-D agency under section 46b-168a, shall be admissible in evidence to either establish definite exclusion of the putative father or as evidence that he is the father of the child without the need for foundation testimony or other proof of authenticity or accuracy, unless objection is made in writing not later than twenty days prior to the hearing at which such results may be introduced in evidence. |
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| 35 | 35 | | |
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| 36 | 36 | | [(c)] (d) The child shall be made a party to the action. Said child shall be represented by a guardian ad litem appointed by the court in accordance with section 45a-708. Payment shall be made in accordance with such section from funds appropriated to the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such payment shall be made from the Probate Court Administration Fund. |
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| 37 | 37 | | |
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| 38 | 38 | | [(d)] (e) In the event that the mother or the claimant father is a minor, the court shall appoint a guardian ad litem to represent him or her in accordance with the provisions of section 45a-708. Payment shall be made in accordance with said section from funds appropriated to the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such payment shall be made from the Probate Court Administration Fund. |
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| 39 | 39 | | |
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| 40 | 40 | | [(e)] (f) Upon the motion of the putative father, the mother, or his or her counsel, or the judge of probate having jurisdiction over such application, filed not later than three days prior to any hearing scheduled on such claim, the Probate Court Administrator shall appoint a three-judge court from among the several judges of probate to hear such claim. Such three-judge court shall consist of at least one judge who is an attorney-at-law admitted to practice in this state. The judge of the court of probate having jurisdiction over such application under the provisions of this section shall be a member, provided such judge may disqualify himself or herself in which case all three members of such court shall be appointed by the Probate Court Administrator. Such three-judge court when convened shall have all the powers and duties set forth under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, and shall be subject to all of the provisions of law as if it were a single-judge court. The judges of such court shall designate a chief judge from among their members. All records for any case before the three-judge court shall be maintained in the court of probate having jurisdiction over the matter as if the three-judge court had not been appointed. |
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| 41 | 41 | | |
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| 42 | 42 | | [(f) By filing a claim under this section, the putative father submits to the jurisdiction of the court of probate.] |
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| 43 | 43 | | |
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| 44 | 44 | | (g) Once alleged parental rights of the father have been adjudicated in his favor under subsection (b) of this section, or acknowledged as provided for under section 46b-172, his rights and responsibilities shall be equivalent to those of the mother, including those rights defined under section 45a-606. Thereafter, disputes involving custody, visitation or support shall be transferred to the Superior Court under chapter 815j, except that the probate court (1) may enter a temporary order for custody, visitation or support until an order is entered by the Superior Court, and (2) may not enter a temporary order for past-due support under subdivision (1) of this subsection if the court finds, upon motion of the father or upon its own motion, that such support accrued while the mother of the child wilfully prevented the father from learning of the birth of the child or seeing the child, unless the probate court finds that the mother of the child was protected by a protective order, restraining order or standing criminal protective order with respect to the father during such period. |
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| 45 | 45 | | |
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| 46 | 46 | | (h) Failing perfection of parental rights as prescribed by this section, any person claiming to be the father of a child born out of wedlock (1) who has not been adjudicated the father of such child by a court of competent jurisdiction, or (2) who has not acknowledged in writing that he is the father of such child, or (3) who has not contributed regularly to the support of such child, or (4) whose name does not appear on the birth certificate shall cease to be a legal party in interest in any proceeding concerning the custody or welfare of the child, including but not limited to guardianship and adoption, unless he has shown a reasonable degree of interest, concern or responsibility for the child's welfare. |
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| 47 | 47 | | |
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| 48 | 48 | | (i) Notwithstanding the provisions of this section, after the death of the father of a child born out of wedlock, a party deemed by the court to have a sufficient interest may file a claim for paternity on behalf of such father with the probate court for the district in which either the putative father resided or the party filing the claim resides. If a claim for paternity is filed pursuant to this subsection, the court of probate shall schedule a hearing on such claim, send notice of the hearing to all parties involved and proceed accordingly. |
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| 49 | 49 | | |
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| 50 | 50 | | Sec. 2. Section 17b-179b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 51 | 51 | | |
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| 52 | 52 | | The Commissioner of Social Services shall establish an arrearage adjustment program in which the past due support owed by any obligor assigned and payable to the state acting by and through the IV-D agency may be adjusted. The commissioner, in deciding whether to adjust any arrearage of an obligor, shall consider among other factors, the likelihood of compliance with support obligations, the noncustodial parent's involvement in the life of any such child, [and] any other contribution of the noncustodial parent to the emotional well-being of any such child, and any finding by the probate court pursuant to subsection (g) of section 46b-172a, as amended by this act, that the mother of the child wilfully prevented an obligor from learning of the birth of the child or seeing the child, unless the probate court finds that the mother of the child was protected by a protective order, restraining order or standing criminal protective order with respect to the obligor during such period. |
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| 53 | 53 | | |
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| 54 | 54 | | Sec. 3. Subdivision (5) of subsection (a) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 55 | 55 | | |
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| 56 | 56 | | (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, 17b-223, 46b-129 or 46b-130 or, 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 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. The court or family support magistrate may limit the father's liability for past-due support of a child born out of wedlock if the court or family support magistrate finds that such support accrued while the mother of the child wilfully prevented the father from learning of the birth of the child or seeing the child, unless the court or family support magistrate finds that the mother of the child was protected by a protective order, restraining order or standing criminal protective order with respect to the father during such period. |
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| 57 | 57 | | |
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| 58 | 58 | | (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. 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 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. |
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| 59 | 59 | | |
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| 60 | 60 | | (C) Any finding of support due for periods of time prior to an action in which the obligor failed to appear shall be entered subject to adjustment. Such adjustment may be made upon motion of any party, and the state in IV-D cases shall make such motion if it obtains information that would have substantially affected the court's determination of past ability to pay if such information had been available to the court. Motion for adjustment under this subparagraph may be made not later than twelve months from the date upon which the obligor receives notification of (i) the amount of such finding of support due for periods of time prior to the action, and (ii) the right not later than twelve months from the date of receipt of such notification to present evidence as to such obligor's past ability to pay support for such periods of time prior to the action. A copy of any support order entered, subject to adjustment, that is provided to each party under subsection (c) of this section shall state in plain language the basis for the court's determination of past support, the right to request an adjustment and to present information concerning the obligor's past ability to pay, and the consequences of a failure to request such adjustment. |
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| 61 | 61 | | |
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| 62 | 62 | | Sec. 4. 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, 2011): |
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| 63 | 63 | | |
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| 64 | 64 | | (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 prior to the action. In the case of a child born out of wedlock whose parents have not intermarried, the father's liability for such support shall be limited to the three years next preceding the filing of a petition pursuant to this section. The court or family support magistrate may limit the father's liability for past-due support of a child born out of wedlock if the court or family support magistrate finds that such support accrued while the mother of the child wilfully prevented the father from learning of the birth of the child or seeing the child, unless the court or family support magistrate finds that the mother of the child was protected by a protective order, restraining order or standing criminal protective order with respect to the father during such period. |
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| 65 | 65 | | |
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| 66 | 66 | | (B) In the determination of 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. 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 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. |
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| 67 | 67 | | |
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| 68 | 68 | | (C) Any finding of support due for periods of time prior to an action in which the obligor failed to appear shall be entered subject to adjustment. Such adjustment may be made upon motion of any party, and the state in IV-D cases shall make such motion if it obtains information that would have substantially affected the court's determination of past ability to pay if such information had been available to the court. Motion for adjustment under this subparagraph may be made not later than twelve months from the date upon which the obligor receives notification of (i) the amount of such finding of support due for periods of time prior to the action, and (ii) the right not later than twelve months from the date of receipt of such notification to present evidence as to such obligor's past ability to pay support for such periods of time prior to the action. A copy of any support order entered, subject to adjustment, shall state in plain language the basis for the court's determination of past support, the right to request an adjustment and to present information concerning the obligor's past ability to pay, and the consequences of a failure to request such adjustment. |
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| 69 | 69 | | |
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| 70 | 70 | | |
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| 71 | 71 | | |
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| 72 | 72 | | |
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| 73 | 73 | | This act shall take effect as follows and shall amend the following sections: |
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| 74 | 74 | | Section 1 October 1, 2011 46b-172a |
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| 75 | 75 | | Sec. 2 October 1, 2011 17b-179b |
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| 76 | 76 | | Sec. 3 October 1, 2011 17b-745(a)(5) |
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| 77 | 77 | | Sec. 4 October 1, 2011 46b-215(a)(7) |
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| 78 | 78 | | |
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| 79 | 79 | | This act shall take effect as follows and shall amend the following sections: |
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| 80 | 80 | | |
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| 81 | 81 | | Section 1 |
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| 82 | 82 | | |
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| 83 | 83 | | October 1, 2011 |
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| 84 | 84 | | |
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| 85 | 85 | | 46b-172a |
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| 86 | 86 | | |
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| 87 | 87 | | Sec. 2 |
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| 88 | 88 | | |
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| 89 | 89 | | October 1, 2011 |
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| 90 | 90 | | |
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| 91 | 91 | | 17b-179b |
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| 92 | 92 | | |
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| 93 | 93 | | Sec. 3 |
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| 94 | 94 | | |
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| 95 | 95 | | October 1, 2011 |
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| 96 | 96 | | |
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| 97 | 97 | | 17b-745(a)(5) |
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| 98 | 98 | | |
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| 99 | 99 | | Sec. 4 |
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| 100 | 100 | | |
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| 101 | 101 | | October 1, 2011 |
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| 102 | 102 | | |
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| 103 | 103 | | 46b-215(a)(7) |
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| 104 | 104 | | |
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| 105 | 105 | | Statement of Purpose: |
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| 106 | 106 | | |
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| 107 | 107 | | To permit a man to seek a court order for genetic testing to establish paternity when a reasonable possibility of paternity exists, and allow a court or family support magistrate to limit the accrual of child support obligations during any period when the mother of a child wilfully prevents the father of the child from learning of the birth of the child or seeing the child. |
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| 108 | 108 | | |
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| 109 | 109 | | [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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