Connecticut 2024 Regular Session

Connecticut House Bill HB05420 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	LCO No. 2656 1 of 16
4	4
5	5	General Assembly Raised Bill No. 5420
6	6	February Session, 2024
7	7	LCO No. 2656
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING THE PROVISION OF CHILD SUPPORT TO
20	20	CHILDREN UNDER THE AGE OF TWENTY-ONE.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 46b-84 of the 2024 supplement to the general 1
25	25	statutes is repealed and the following is substituted in lieu thereof 2
26	26	(Effective October 1, 2024, and applicable to cases filed on or after said date): 3
27	27	(a) (1) Upon or subsequent to the annulment or dissolution of any 4
28	28	marriage or the entry of a decree of legal separation or divorce, the 5
29	29	parents of a minor child of the marriage [,] shall maintain the child 6
30	30	according to their respective abilities, if the child is in need of 7
31	31	maintenance. Any postjudgment procedure afforded by chapter 906 8
32	32	shall be available to secure the present and future financial interests of 9
33	33	a party in connection with a final order for the periodic payment of child 10
34	34	support. The provisions of this subdivision shall apply in cases where 11
35	35	the decree of dissolution of marriage, legal separation or annulment is 12
36	36	entered before October 1, 2024, or where the initial support orders in 13
37	37	actions not claiming any such decree are entered before October 1, 2024. 14
38	38	(2) Upon or subsequent to the annulment or dissolution of any marriage 15 Raised Bill No. 5420
39	39
40	40
41	41
42	42	LCO No. 2656 2 of 16
43	43
44	44	or the entry of a decree of legal separation or divorce, the parents of a 16
45	45	child of the marriage shall maintain the child according to their 17
46	46	respective abilities, if the child has not attained the age of twenty-one, is 18
47	47	domiciled in the home of a parent and is in need of maintenance. Any 19
48	48	postjudgment procedure afforded by chapter 906 shall be available to 20
49	49	secure the present and future financial interests of a party in connection 21
50	50	with a final order for the periodic payment of child support. The 22
51	51	provisions of this subdivision shall only apply in cases where the decree 23
52	52	of dissolution of marriage, legal separation or annulment is entered on 24
53	53	or after October 1, 2024, or where the initial support orders in actions 25
54	54	not claiming any such decree are entered on or after October 1, 2024. If 26
55	55	a child, who is the subject of an order under this subdivision, marries, 27
56	56	enters the military or becomes self-supporting before attaining the age 28
57	57	of twenty-one, the court, upon motion, may modify, suspend or 29
58	58	terminate any child support order entered for the benefit of such child. 30
59	59	The provisions of this section shall not be construed to effect the 31
60	60	authority of the court to enter an educational support order under 32
61	61	section 46b-56c. As used in this section, "child support" means a sum 33
62	62	paid pursuant to court order or decree by either or both parents or 34
63	63	pursuant to a valid agreement between the parties for care, maintenance 35
64	64	and education of any child under the age of twenty-one years. 36
65	65	(b) If there is an unmarried child of the marriage who has attained 37
66	66	the age of eighteen and is a full-time high school student, the parents 38
67	67	shall maintain the child according to their respective abilities if the child 39
68	68	is in need of maintenance until such child completes the twelfth grade 40
69	69	or attains the age of nineteen, whichever occurs first. The provisions of 41
70	70	this subsection shall apply only in cases where the decree of dissolution 42
71	71	of marriage, legal separation or annulment is entered on or after July 1, 43
72	72	1994, or where the initial support orders in actions not claiming any such 44
73	73	decree are entered before October 1, 2024. 45
74	74	(c) (1) The court may make appropriate orders of support of any child 46
75	75	with intellectual disability, as defined in section 1-1g, or a mental 47
76	76	disability, as defined in section 46a-51, or who is physically disabled, as 48
77	77	defined in section 46a-51, who resides with a parent and is principally 49 Raised Bill No. 5420
78	78
79	79
80	80
81	81	LCO No. 2656 3 of 16
82	82
83	83	dependent upon such parent for maintenance until such child attains 50
84	84	the age of twenty-one. The provisions of this subdivision shall apply 51
85	85	only in cases where the decree of dissolution of marriage, legal 52
86	86	separation or annulment is entered on or after October 1, 1997, and 53
87	87	before October 1, 2023, or where the initial support orders in actions not 54
88	88	claiming any such decree are entered on or after October 1, 1997, and 55
89	89	before October 1, 2023. (2) The court may make appropriate orders of 56
90	90	support of any child with intellectual disability, as defined in section 1-57
91	91	1g, or a mental disability, as defined in section 46a-51, or who is 58
92	92	physically disabled, as defined in section 46a-51, who resides with a 59
93	93	parent and is principally dependent upon such parent for maintenance 60
94	94	until such child attains the age of twenty-six. The provisions of this 61
95	95	subdivision shall apply only in cases where the decree of dissolution of 62
96	96	marriage, legal separation or annulment is entered on or after October 63
97	97	1, 2023, or where the initial support orders in actions not claiming any 64
98	98	such decree are entered on or after October 1, 2023. (3) The child support 65
99	99	guidelines established pursuant to section 46b-215a shall not apply to 66
100	100	any order entered under this subsection. 67
101	101	(d) In determining whether a child is in need of maintenance and, if 68
102	102	in need, the respective abilities of the parents to provide such 69
103	103	maintenance and the amount thereof, the court shall consider the age, 70
104	104	health, station, occupation, earning capacity, amount and sources of 71
105	105	income, estate, vocational skills and employability of each of the 72
106	106	parents, and the age, health, station, occupation, educational status and 73
107	107	expectation, amount and sources of income, vocational skills, 74
108	108	employability, estate and needs of the child. 75
109	109	(e) At any time at which orders are entered in a proceeding for 76
110	110	dissolution of marriage, annulment, legal separation, custody, or 77
111	111	support, whether before, at the time of, or after entry of a decree or 78
112	112	judgment, if health insurance coverage for a child is ordered by the court 79
113	113	to be maintained, the court shall provide in the order that (1) the 80
114	114	signature of the custodial parent or custodian of the insured dependent 81
115	115	shall constitute a valid authorization to the insurer for purposes of 82
116	116	processing an insurance reimbursement payment to the provider of the 83 Raised Bill No. 5420
117	117
118	118
119	119
120	120	LCO No. 2656 4 of 16
121	121
122	122	medical services, to the custodial parent or to the custodian, (2) neither 84
123	123	parent shall prevent or interfere with the timely processing of any 85
124	124	insurance reimbursement claim, and (3) if the parent receiving an 86
125	125	insurance reimbursement payment is not the parent or custodian who 87
126	126	is paying the bill for the services of the medical provider, the parent 88
127	127	receiving such insurance reimbursement payment shall promptly pay 89
128	128	to the parent or custodian paying such bill any insurance 90
129	129	reimbursement for such services. For purposes of subdivision (1), the 91
130	130	custodial parent or custodian is responsible for providing the insurer 92
131	131	with a certified copy of the order of dissolution or other order requiring 93
132	132	maintenance of insurance for a child provided if such custodial parent 94
133	133	or custodian fails to provide the insurer with a copy of such order, the 95
134	134	Commissioner of Social Services may provide the insurer with a copy of 96
135	135	such order. Such insurer may thereafter rely on such order and is not 97
136	136	responsible for inquiring as to the legal sufficiency of the order. The 98
137	137	custodial parent or custodian shall be responsible for providing the 99
138	138	insurer with a certified copy of any order which materially alters the 100
139	139	provision of the original order with respect to the maintenance of 101
140	140	insurance for a child. If presented with an insurance reimbursement 102
141	141	claim signed by the custodial parent or custodian, such insurer shall 103
142	142	reimburse the provider of the medical services, if payment is to be made 104
143	143	to such provider under the policy, or shall otherwise reimburse the 105
144	144	custodial parent or custodian. 106
145	145	(f) (1) After the granting of a decree annulling or dissolving the 107
146	146	marriage or ordering a legal separation, and upon complaint or motion 108
147	147	with order and summons made to the Superior Court by either parent 109
148	148	or by the Commissioner of Administrative Services in any case arising 110
149	149	under subsection (a) or (b) of this section, the court shall inquire into the 111
150	150	child's need of maintenance and the respective abilities of the parents to 112
151	151	supply maintenance. The court shall make and enforce the decree for 113
152	152	the maintenance of the child as it considers just, and may direct security 114
153	153	to be given therefor, including an order to either party to contract with 115
154	154	a third party for periodic payments or payments contingent on a life to 116
155	155	the other party. The court may order that a party obtain life insurance 117 Raised Bill No. 5420
156	156
157	157
158	158
159	159	LCO No. 2656 5 of 16
160	160
161	161	as such security unless such party proves, by a preponderance of the 118
162	162	evidence, that such insurance is not available to such party, such party 119
163	163	is unable to pay the cost of such insurance or such party is uninsurable. 120
164	164	(2) The court shall include in each support order a provision for the 121
165	165	health care coverage of the child who is subject to the provisions of 122
166	166	subsection (a) or (b) of this section. Such provision may include an order 123
167	167	for either parent or both parents to provide such coverage under any or 124
168	168	all of subparagraphs (A), (B) or (C) of this subdivision. 125
169	169	(A) The provision for health care coverage may include an order for 126
170	170	either parent to name any child as a beneficiary of any medical or dental 127
171	171	insurance or benefit plan carried by such parent or available to such 128
172	172	parent at a reasonable cost, as described in subparagraph (D) of this 129
173	173	subdivision. If such order in a IV-D support case requires the parent to 130
174	174	maintain insurance available through an employer, the order shall be 131
175	175	enforced using a National Medical Support Notice as provided in 132
176	176	section 46b-88. 133
177	177	(B) The provision for health care coverage may include an order for 134
178	178	either parent to: (i) Apply for and maintain coverage on behalf of the 135
179	179	child under HUSKY B; or (ii) provide cash medical support, as described 136
180	180	in subparagraphs (E) and (F) of this subdivision. An order under this 137
181	181	subparagraph shall be made only if the cost to the parent obligated to 138
182	182	maintain the coverage under HUSKY B or provide cash medical support 139
183	183	is reasonable, as described in subparagraph (D) of this subdivision. An 140
184	184	order under clause (i) of this subparagraph shall be made only if 141
185	185	insurance coverage as described in subparagraph (A) of this subdivision 142
186	186	is unavailable at reasonable cost to either parent, or inaccessible to the 143
187	187	child. 144
188	188	(C) An order for payment of the child's medical and dental expenses, 145
189	189	other than those described in clause (ii) of subparagraph (E) of this 146
190	190	subdivision, that are not covered by insurance or reimbursed in any 147
191	191	other manner shall be entered in accordance with the child support 148
192	192	guidelines established pursuant to section 46b-215a. 149 Raised Bill No. 5420
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194	194
195	195
196	196	LCO No. 2656 6 of 16
197	197
198	198	(D) Health care coverage shall be deemed reasonable in cost if: (i) The 150
199	199	parent obligated to maintain such coverage would qualify as a low-151
200	200	income obligor under the child support guidelines established pursuant 152
201	201	to section 46b-215a, based solely on such parent's income, and the cost 153
202	202	does not exceed five per cent of such parent's net income; or (ii) the 154
203	203	parent obligated to maintain such coverage would not qualify as a low-155
204	204	income obligor under such guidelines and the cost does not exceed 156
205	205	seven and one-half per cent of such parent's net income. In either case, 157
206	206	net income shall be determined in accordance with the child support 158
207	207	guidelines established pursuant to section 46b-215a. If a parent 159
208	208	obligated to maintain insurance must obtain coverage for himself or 160
209	209	herself to comply with the order to provide coverage for the child, 161
210	210	reasonable cost shall be determined based on the combined cost of 162
211	211	coverage for such parent and such child. 163
212	212	(E) Cash medical support means: (i) An amount ordered to be paid 164
213	213	toward the cost of premiums for health insurance coverage provided by 165
214	214	a public entity, including HUSKY A or B, except as provided in 166
215	215	subparagraph (F) of this subdivision, or by another parent through 167
216	216	employment or otherwise, or (ii) an amount ordered to be paid, either 168
217	217	directly to a medical provider or to the person obligated to pay such 169
218	218	provider, toward any ongoing extraordinary medical and dental 170
219	219	expenses of the child that are not covered by insurance or reimbursed in 171
220	220	any other manner, provided such expenses are documented and 172
221	221	identified (I) specifically on the record, or (II) in an affidavit, made 173
222	222	under oath, that states no restraining order issued pursuant to section 174
223	223	46b-15 or protective order issued pursuant to section 46b-38c, between 175
224	224	the parties is in effect or pending before the court. Cash medical support, 176
225	225	as described in clauses (i) and (ii) of this subparagraph may be ordered 177
226	226	in lieu of an order under subparagraph (A) of this subdivision to be 178
227	227	effective until such time as health insurance that is accessible to the child 179
228	228	and reasonable in cost becomes available, or in addition to an order 180
229	229	under subparagraph (A) of this subdivision, provided the combined 181
230	230	cost of insurance and cash medical support is reasonable, as defined in 182
231	231	subparagraph (D) of this subdivision. An order for cash medical support 183 Raised Bill No. 5420
232	232
233	233
234	234
235	235	LCO No. 2656 7 of 16
236	236
237	237	shall be payable to the state or the custodial party, as their interests may 184
238	238	appear, provided an order under clause (i) of this subparagraph shall be 185
239	239	effective only as long as health insurance coverage is maintained. Any 186
240	240	unreimbursed medical and dental expenses not covered by an order 187
241	241	issued pursuant to clause (ii) of this subparagraph are subject to an 188
242	242	order for unreimbursed medical and dental expenses pursuant to 189
243	243	subparagraph (C) of this subdivision. 190
244	244	(F) Cash medical support to offset the cost of any insurance payable 191
245	245	under HUSKY A or B, shall not be ordered against a noncustodial parent 192
246	246	who is a low-income obligor, as defined in the child support guidelines 193
247	247	established pursuant to section 46b-215a, or against a custodial parent 194
248	248	of children covered under HUSKY A or B. 195
249	249	(g) Whenever an obligor is before the court in proceedings to 196
250	250	establish, modify or enforce a support order, and such order is not 197
251	251	secured by an income withholding order, the court may require the 198
252	252	obligor to execute a bond or post other security sufficient to perform 199
253	253	such order for support, provided the court finds that such a bond is 200
254	254	available for purchase within the financial means of the obligor. Upon 201
255	255	failure of such obligor to comply with such support order, the court may 202
256	256	order the bond or the security forfeited and the proceeds thereof 203
257	257	distributed as required by Title IV-D of the Social Security Act. In any 204
258	258	IV-D case in which the obligor is found by the court to owe past-due 205
259	259	support, the court may issue an order for the periodic payment of such 206
260	260	support or, if such obligor is not incapacitated, order such obligor to 207
261	261	participate in work activities which may include, but shall not be limited 208
262	262	to, job search, training, work experience and participation in the job 209
263	263	training and retraining program established by the Labor 210
264	264	Commissioner pursuant to section 31-3t. 211
265	265	(h) In IV-D support cases, as defined in subdivision (13) of subsection 212
266	266	(b) of section 46b-231, a copy of any support order established or 213
267	267	modified pursuant to this section or, in the case of a motion for 214
268	268	modification of an existing support order, a notice of determination that 215
269	269	there should be no change in the amount of the support order, shall be 216 Raised Bill No. 5420
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271	271
272	272
273	273	LCO No. 2656 8 of 16
274	274
275	275	provided to each party and the state case registry within fourteen days 217
276	276	after issuance of such order or determination. 218
277	277	Sec. 2. Subdivision (1) of subsection (a) of section 17b-745 of the 219
278	278	general statutes is repealed and the following is substituted in lieu 220
279	279	thereof (Effective October 1, 2024): 221
280	280	(a) (1) The Superior Court or a family support magistrate may make 222
281	281	and enforce orders for payment of support to the Commissioner of 223
282	282	Administrative Services or, in IV-D support cases, to the state acting by 224
283	283	and through the IV-D agency, directed to the husband or wife and, if the 225
284	284	patient or person is under the age of eighteen years or as otherwise 226
285	285	provided in this subsection or section 46b-84, as amended by this act, to 227
286	286	any parent of any patient or person being supported by the state, wholly 228
287	287	or in part, in a state humane institution, or under any welfare program 229
288	288	administered by the Department of Social Services, as the court or 230
289	289	family support magistrate finds, in accordance with the provisions of 231
290	290	subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-232
291	291	129 or 46b-130, to be reasonably commensurate with the financial ability 233
292	292	of any such relative. [If such person is unmarried and a full-time high 234
293	293	school student, such support shall continue according to the parents' 235
294	294	respective abilities, if such person is in need of support, until such 236
295	295	person completes the twelfth grade or attains the age of nineteen, 237
296	296	whichever occurs first.] Any court or family support magistrate called 238
297	297	upon to make or enforce such an order, including an order based upon 239
298	298	a determination consented to by the relative, shall ensure that such 240
299	299	order is reasonable in light of the relative's ability to pay. 241
300	300	Sec. 3. Section 46b-37 of the general statutes is repealed and the 242
301	301	following is substituted in lieu thereof (Effective October 1, 2024): 243
302	302	(a) Any purchase made by either a husband or wife in his or her own 244
303	303	name shall be presumed, in the absence of notice to the contrary, to be 245
304	304	made by him or her as an individual and he or she shall be liable for the 246
305	305	purchase. 247
306	306	(b) Notwithstanding the provisions of subsection (a) of this section, it 248 Raised Bill No. 5420
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308	308
309	309
310	310	LCO No. 2656 9 of 16
311	311
312	312	shall be the joint duty of each spouse to support his or her family, and 249
313	313	both shall be liable for: (1) The reasonable and necessary services of a 250
314	314	physician or dentist; (2) hospital expenses rendered the husband or wife 251
315	315	or [minor] child while residing in the family of his or her parents, in 252
316	316	accordance with the provisions of section 46b-84, as amended by this 253
317	317	act; (3) the rental of any dwelling unit actually occupied by the husband 254
318	318	and wife as a residence and reasonably necessary to them for that 255
319	319	purpose; and (4) any article purchased by either which has in fact gone 256
320	320	to the support of the family, or for the joint benefit of both. 257
321	321	(c) Notwithstanding the provisions of subsection (a) of this section, a 258
322	322	spouse who abandons his or her spouse without cause shall be liable for 259
323	323	the reasonable support of such other spouse while abandoned. 260
324	324	(d) No action may be maintained against either spouse under the 261
325	325	provisions of this section, either during or after any period of separation 262
326	326	from the other spouse, for any liability incurred by the other spouse 263
327	327	during the separation, if, during the separation the spouse who is liable 264
328	328	for support of the other spouse has provided the other spouse with 265
329	329	reasonable support. 266
330	330	(e) Abandonment without cause by a spouse shall be a defense to any 267
331	331	liability pursuant to the provisions of subdivisions (1) to (4), inclusive, 268
332	332	of subsection (b) of this section for expenses incurred by and for the 269
333	333	benefit of such spouse. Nothing in this subsection shall affect the duty 270
334	334	of a parent to support [his or her] a minor child in accordance with the 271
335	335	provisions of section 46b-84, as amended by this act. 272
336	336	Sec. 4. Subsection (a) of section 46b-56 of the general statutes is 273
337	337	repealed and the following is substituted in lieu thereof (Effective October 274
338	338	1, 2024): 275
339	339	(a) In any controversy before the Superior Court as to the custody or 276
340	340	care of [minor] children, and at any time after the return day of any 277
341	341	complaint under section 46b-45, the court may make or modify any 278
342	342	proper order regarding the custody, care, education, visitation and 279
343	343	support of the children, as provided in section 46b-84, as amended by 280 Raised Bill No. 5420
344	344
345	345
346	346
347	347	LCO No. 2656 10 of 16
348	348
349	349	this act, if it has jurisdiction under the provisions of chapter 815p. 281
350	350	Subject to the provisions of section 46b-56a, the court may assign 282
351	351	parental responsibility for raising the child to the parents jointly, or may 283
352	352	award custody to either parent or to a third party, according to its best 284
353	353	judgment upon the facts of the case and subject to such conditions and 285
354	354	limitations as it deems equitable. The court may also make any order 286
355	355	granting the right of visitation of any child to a third party to the action, 287
356	356	including, but not limited to, grandparents. 288
357	357	Sec. 5. Section 46b-58 of the general statutes is repealed and the 289
358	358	following is substituted in lieu thereof (Effective October 1, 2024): 290
359	359	The authority of the Superior Court to make and enforce orders and 291
360	360	decrees as to the custody, maintenance and education of [minor] 292
361	361	children in any controversy before the court between husband and wife 293
362	362	brought under the provisions of this chapter is extended to children 294
363	363	adopted by both parties and to any natural child of one of the parties 295
364	364	who has been adopted by the other. 296
365	365	Sec. 6. Section 46b-61 of the general statutes is repealed and the 297
366	366	following is substituted in lieu thereof (Effective October 1, 2024): 298
367	367	(a) In all cases in which the parents of [a minor] any child of the 299
368	368	relationship live separately, the superior court for the judicial district 300
369	369	where any parent resides may, on the application of any parent and after 301
370	370	notice is given to the other parent or parents, make any order as to the 302
371	371	custody, care, education, visitation and support of any [minor] child of 303
372	372	the parents, subject to the provisions of sections 46b-54, 46b-56, as 304
373	373	amended by this act, 46b-57, [and] 46b-66, and 46b-84, as amended by 305
374	374	this act. Proceedings to obtain such orders shall be commenced by 306
375	375	service of an application, a summons and an order to show cause. An 307
376	376	applicant shall file the accompanying documents with the court not later 308
377	377	than the first date for which the matter appears on the docket. 309
378	378	(b) As used in this section, "accompanying documents" means 310
379	379	documents that establish an existing legal relationship between the 311
380	380	parents and the child for whom an application for custody, care, 312 Raised Bill No. 5420
381	381
382	382
383	383
384	384	LCO No. 2656 11 of 16
385	385
386	386	education, visitation and support is made under this section. 313
387	387	"Accompanying documents" include, but are not limited to, a copy of a 314
388	388	birth certificate naming the applicant and the respondent as the parents 315
389	389	of the child, a copy of a properly executed acknowledgment of 316
390	390	parentage, a court order or decree naming the legally responsible 317
391	391	parents, including adoptive parents, a surrogacy agreement as defined 318
392	392	in section 7-36, documents showing that the [minor] child was born 319
393	393	during the parents' wedlock or other sufficient evidence within the 320
394	394	discretion of the court. 321
395	395	Sec. 7. Subsection (a) of section 46b-83 of the 2024 supplement to the 322
396	396	general statutes is repealed and the following is substituted in lieu 323
397	397	thereof (Effective October 1, 2024): 324
398	398	(a) At any time after the return day of a complaint under section 46b-325
399	399	45 or 46b-56, as amended by this act, or after filing an application under 326
400	400	section 46b-61, as amended by this act, and after hearing, alimony and 327
401	401	support pendente lite may be awarded to either of the parties from the 328
402	402	date of the filing of an application therefor with the Superior Court. 329
403	403	Upon the filing of a motion requesting an initial order of alimony or 330
404	404	support pendente lite that is accompanied by an affidavit, on a form 331
405	405	prescribed by the Chief Court Administrator, by the moving party 332
406	406	attesting that (1) the moving party has insufficient funds to meet the 333
407	407	moving party's reasonable needs or the reasonable needs of the [minor] 334
408	408	children of the parties, (2) the other party is not providing sufficient 335
409	409	funds to the moving party to meet such reasonable needs, and (3) the 336
410	410	moving party reasonably believes that the other party has sufficient 337
411	411	means or earning capacity to so provide, then such hearing shall be held 338
412	412	by the court not later than sixty days after the date on which such motion 339
413	413	requesting an initial order of alimony or support pendente lite and 340
414	414	accompanying affidavit were filed. In the event that such hearing 341
415	415	requires a continuance to another date, the court shall give calendar 342
416	416	priority to scheduling such hearing on a date that facilitates the 343
417	417	expeditious resumption and conclusion of the hearing, absent a written 344
418	418	agreement or interim orders that provide for such alimony or support 345
419	419	pendente lite. In the event of a delay necessitated by a court closure or 346 Raised Bill No. 5420
420	420
421	421
422	422
423	423	LCO No. 2656 12 of 16
424	424
425	425	emergency experienced by a party, such hearing shall be rescheduled to 347
426	426	a date that is not later than fourteen days after the date of the originally 348
427	427	scheduled hearing date. Full credit shall be given for all sums paid to 349
428	428	one party by the other from the date of the filing of such a motion to the 350
429	429	date of rendition of such order. In making an order for alimony 351
430	430	pendente lite, the court shall consider all factors enumerated in section 352
431	431	46b-82, except the grounds for the complaint or cross complaint, to be 353
432	432	considered with respect to a permanent award of alimony. In making 354
433	433	an order for support pendente lite, the court shall consider all factors 355
434	434	enumerated in section 46b-84, as amended by this act. The court may 356
435	435	also award exclusive use of the family home or any other dwelling unit 357
436	436	which is available for use as a residence pendente lite to either of the 358
437	437	parties as is just and equitable without regard to the respective interests 359
438	438	of the parties in the property. Any financial order affecting the parties 360
439	439	entered pursuant to the provisions of section 46b-15, shall not be 361
440	440	considered an initial order of alimony or support pendente lite for 362
441	441	purposes of scheduling a hearing under this subsection. 363
442	442	Sec. 8. Subdivision (1) of subsection (a) of section 46b-215 of the 364
443	443	general statutes is repealed and the following is substituted in lieu 365
444	444	thereof (Effective October 1, 2024): 366
445	445	(a) (1) The Superior Court or a family support magistrate may make 367
446	446	and enforce orders for payment of support against any person who 368
447	447	neglects or refuses to furnish necessary support to such person's spouse 369
448	448	or a child under the age of eighteen or as otherwise provided in this 370
449	449	subsection and section 46b-84, as amended by this act, according to such 371
450	450	person's ability to furnish such support, notwithstanding the provisions 372
451	451	of section 46b-37, as amended by this act. [If such child is unmarried and 373
452	452	a full-time high school student, such support shall continue according 374
453	453	to the parents' respective abilities, if such child is in need of support, 375
454	454	until such child completes the twelfth grade or attains the age of 376
455	455	nineteen, whichever occurs first.] 377
456	456	Sec. 9. Subparagraph (A) of subdivision (1) of subsection (a) of section 378
457	457	46b-569 of the general statutes is repealed and the following is 379 Raised Bill No. 5420
458	458
459	459
460	460
461	461	LCO No. 2656 13 of 16
462	462
463	463	substituted in lieu thereof (Effective October 1, 2024): 380
464	464	(a) (1) (A) If the defendant is found to be the parent of the child, the 381
465	465	court or family support magistrate shall order the defendant to stand 382
466	466	charged with the support and maintenance of such child, with the 383
467	467	assistance of any other parent if such parent is financially able, as the 384
468	468	court or family support magistrate finds, in accordance with the 385
469	469	provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 386
470	470	17b-223, 17b-745, as amended by this act, 46b-129, 46b-130 or 46b-215, as 387
471	471	amended by this act, to be reasonably commensurate with the financial 388
472	472	ability of the defendant, and to pay a certain sum periodically until the 389
473	473	child attains the age of eighteen years or as otherwise provided in this 390
474	474	subsection, or section 46b-84, as amended by this act. [If such child is 391
475	475	unmarried and a full-time high school student, such support shall 392
476	476	continue according to the parents' respective abilities, if such child is in 393
477	477	need of support, until such child completes the twelfth grade or attains 394
478	478	the age of nineteen, whichever occurs first.] 395
479	479	Sec. 10. Subdivision (1) of subsection (a) of section 46b-570 of the 396
480	480	general statutes is repealed and the following is substituted in lieu 397
481	481	thereof (Effective October 1, 2024): 398
482	482	(a) (1) An agreement to support the child by payment of a periodic 399
483	483	sum until the child attains the age of eighteen years or as otherwise 400
484	484	provided in this subsection, or section 46b-84, as amended by this act, 401
485	485	together with provisions for reimbursement for past-due support based 402
486	486	upon ability to pay in accordance with the provisions of section 17a-90 403
487	487	or 17b-81, subsection (b) of section 17b-179 or section 17b-223, 46b-129 404
488	488	or 46b-130, and reasonable expense of prosecution of the petition, when 405
489	489	filed with and approved by a judge of the Superior Court, or in IV-D 406
490	490	support cases and matters brought under sections 46b-301 to 46b-425, 407
491	491	inclusive, a family support magistrate at any time, shall have the same 408
492	492	force and effect, retroactively or prospectively in accordance with the 409
493	493	terms of the agreement, as an order of support entered by the court, and 410
494	494	shall be enforceable and subject to modification in the same manner as 411
495	495	is provided by law for orders of the court in such cases. [If such child is 412 Raised Bill No. 5420
496	496
497	497
498	498
499	499	LCO No. 2656 14 of 16
500	500
501	501	unmarried and a full-time high school student, such support shall 413
502	502	continue according to the parents' respective abilities to pay, if such 414
503	503	child is in need of support, until such child completes the twelfth grade 415
504	504	or attains the age of nineteen, whichever occurs first.] 416
505	505	Sec. 11. Subdivision (1) of subsection (b) of section 46b-570 of the 417
506	506	general statutes is repealed and the following is substituted in lieu 418
507	507	thereof (Effective October 1, 2024): 419
508	508	(b) (1) At any time after the signing of any acknowledgment of 420
509	509	parentage, upon the application of any interested party, the court or any 421
510	510	judge thereof or any family support magistrate in IV-D support cases 422
511	511	and in matters brought under sections 46b-301 to 46b-425, inclusive, 423
512	512	shall cause a summons, signed by such judge or family support 424
513	513	magistrate, by the clerk of the court or by a commissioner of the Superior 425
514	514	Court, to be issued, requiring the acknowledged parent to appear in 426
515	515	court at a time and place as determined by the clerk but not more than 427
516	516	ninety days after the issuance of the summons, to show cause why the 428
517	517	court or the family support magistrate assigned to the judicial district in 429
518	518	IV-D support cases should not enter judgment for support of the child 430
519	519	by payment of a periodic sum until the child attains the age of eighteen 431
520	520	years or as otherwise provided in this subsection or section 46b-84, as 432
521	521	amended by this act, together with provision for reimbursement for 433
522	522	past-due support based upon ability to pay in accordance with the 434
523	523	provisions of section 17a-90 or 17b-81, subsection (b) of section 17b-179 435
524	524	or section 17b-223, 46b-129 or 46b-130, a provision for health coverage 436
525	525	of the child as required by section 46b-215, as amended by this act, and 437
526	526	reasonable expense of the action under this subsection. [If such child is 438
527	527	unmarried and a full-time high school student such support shall 439
528	528	continue according to the parents' respective abilities to pay, if such 440
529	529	child is in need of support, until such child completes the twelfth grade 441
530	530	or attains the age of nineteen, whichever occurs first.] 442
531	531	Sec. 12. Section 51-348a of the general statutes is repealed and the 443
532	532	following is substituted in lieu thereof (Effective October 1, 2024): 444 Raised Bill No. 5420
533	533
534	534
535	535
536	536	LCO No. 2656 15 of 16
537	537
538	538	(a) Notwithstanding the issuance of an order for support of a [minor] 445
539	539	child or children by the Superior Court under the provisions of section 446
540	540	46b-84, as amended by this act, any prosecution for nonsupport of a 447
541	541	[minor] child or children as specified in section 53-304 may be brought 448
542	542	to the geographical area of the superior court and shall proceed on 449
543	543	proper complaint from the payee of the order, a support enforcement 450
544	544	officer or an authorized representative of the Commissioner of 451
545	545	Administrative Services. 452
546	546	(b) In any case where an order under the provisions of section 46b-453
547	547	84, as amended by this act, has been issued, the order shall be the 454
548	548	measure of failure to support. 455
549	549	Sec. 13. Subsection (a) of section 53-304 of the general statutes is 456
550	550	repealed and the following is substituted in lieu thereof (Effective October 457
551	551	1, 2024): 458
552	552	(a) Any person who neglects or refuses to furnish reasonably 459
553	553	necessary support to the person's spouse, child [under the age of 460
554	554	eighteen] or parent under the age of sixty-five shall be deemed guilty of 461
555	555	nonsupport and shall be imprisoned not more than one year, unless the 462
556	556	person shows to the court before which the trial is had that, owing to 463
557	557	physical incapacity or other good cause, the person is unable to furnish 464
558	558	such support. The court may suspend the execution of any community 465
559	559	correctional center sentence imposed, upon any terms or conditions that 466
560	560	it deems just, may suspend the execution of the balance of any such 467
561	561	sentence in a like manner, and, in addition to any other sentence or in 468
562	562	lieu thereof, may order that the person convicted shall pay to the 469
563	563	Commissioner of Administrative Services directly or through Support 470
564	564	Enforcement Services of the Superior Court, such support, in such 471
565	565	amount as the court may find commensurate with the necessities of the 472
566	566	case and the ability of such person, for such period as the court shall 473
567	567	determine. Any such order of support may, at any time thereafter, be set 474
568	568	aside or altered by the court for cause shown. Failure of any defendant 475
569	569	to make any payment may be punished as contempt of court and, in 476
570	570	addition thereto or in lieu thereof, the court may order the issuance of a 477 Raised Bill No. 5420
571	571
572	572
573	573
574	574	LCO No. 2656 16 of 16
575	575
576	576	wage withholding in the same manner as is provided in section 17b-745, 478
577	577	as amended by this act, which withholding order shall have the same 479
578	578	precedence as is provided in section 52-362. The amounts withheld 480
579	579	under such withholding order shall be remitted to the Department of 481
580	580	Administrative Services by the person or corporation to whom the 482
581	581	withholding order is presented at such intervals as such withholding 483
582	582	order directs. 484
583	583	This act shall take effect as follows and shall amend the following
584	584	sections:
585	585
586	586	Section 1 October 1, 2024, and
587	587	applicable to cases filed on
588	588	or after said date
589	589	46b-84
590	590	Sec. 2 October 1, 2024 17b-745(a)(1)
591	591	Sec. 3 October 1, 2024 46b-37
592	592	Sec. 4 October 1, 2024 46b-56(a)
593	593	Sec. 5 October 1, 2024 46b-58
594	594	Sec. 6 October 1, 2024 46b-61
595	595	Sec. 7 October 1, 2024 46b-83(a)
596	596	Sec. 8 October 1, 2024 46b-215(a)(1)
597	597	Sec. 9 October 1, 2024 46b-569(a)(1)(A)
598	598	Sec. 10 October 1, 2024 46b-570(a)(1)
599	599	Sec. 11 October 1, 2024 46b-570(b)(1)
600	600	Sec. 12 October 1, 2024 51-348a
601	601	Sec. 13 October 1, 2024 53-304(a)
602	602
603	603	Statement of Purpose:
604	604	To extend the child support obligation under section 46b-84 of the
605	605	general statutes to children under the age of twenty-one years.
606	606	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
607	607	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
608	608	underlined.]
609	609