Connecticut 2016 Regular Session

Connecticut House Bill HB05530 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 5530
2	2	February Session, 2016 LCO No. 2417
3	3	02417_______JUD
4	4	Referred to Committee on JUDICIARY
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
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10	10	Raised Bill No. 5530
11	11
12	12	February Session, 2016
13	13
14	14	LCO No. 2417
15	15
16	16	02417_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING THE REPAYMENT OF CHILD SUPPORT ARREARAGES.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. Section 46b-215b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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30	30	(a) The child support and arrearage guidelines issued pursuant to section 46b-215a, adopted as regulations pursuant to section 46b-215c, 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 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, shall be required in order to rebut the presumption in such case.
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32	32	(b) In any determination pursuant to subsection (a) of this section, when (1) there is no present duty to provide support for a child who formerly was the subject of a support order, and (2) there exists an arrearage of three thousand dollars or more in past due support, including, but not limited to, weekly child support, unreimbursed medical and dental expenses, child care contributions and other court-ordered payments, owing from the obligor to the obligee or the state, the court or a family support magistrate shall order that such arrearage be repaid by the obligor to the obligee or the state on a weekly basis, in an amount that is not less than one hundred per cent of the weekly child support order in effect prior to the date on which the duty to provide support for the child ended. In addition, the court or a family support magistrate, after hearing, may determine that such arrearage be repaid at a higher weekly rate based on the obligor's ability to pay. The Commission for Child Support Guidelines shall adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this subsection.
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34	34	[(b)] (c) 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.
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36	36	[(c)] (d) 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, 46b-130, 46b-171, 46b-172, 46b-215, 17b-179 and 17b-745.
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41	41	This act shall take effect as follows and shall amend the following sections:
42	42	Section 1 October 1, 2016 46b-215b
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44	44	This act shall take effect as follows and shall amend the following sections:
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46	46	Section 1
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48	48	October 1, 2016
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50	50	46b-215b
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52	52	Statement of Purpose:
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54	54	To hold child support obligors accountable for arrearage payments owed to a parent or the state.
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56	56	[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.]