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statutes is repealed and the following is substituted in lieu thereof 2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