Sec. 17b-745. (Formerly Sec. 17-324). Court order for support of persons supported by state. National Medical Support Notice. Income withholding orders. Enforcement and modification of support orders.
Sec. 17b-745. (Formerly Sec. 17-324). Court order for support of persons supported by state. National Medical Support Notice. Income withholding orders.
Enforcement and modification of support orders. (a)(1) The Superior Court or a
family support magistrate may make and enforce orders for payment of support to the
Commissioner of Administrative Services or, in IV-D support cases, to the state acting
by and through the IV-D agency, directed to the husband or wife and, if the patient or
person is under the age of eighteen years or as otherwise provided in this subsection,
to any parent of any patient or person being supported by the state, wholly or in part,
in a state humane institution, or under any welfare program administered by the Department of Social Services, as the court or family support magistrate finds, 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, to be reasonably commensurate with the financial ability
of any such relative. If such person is unmarried and a full-time high school student,
such support shall continue according to the parents' respective abilities, if such person
is in need of support, until such person completes the twelfth grade or attains the age
of nineteen, whichever occurs first. Any court or family support magistrate called upon
to make or enforce such an order, including an order based upon a determination consented to by the relative, shall ensure that such order is reasonable in light of the relative's
ability to pay.
(2) (A) The court or family support magistrate shall include in each support order
in a IV-D support case a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage
under any or all of clauses (i), (ii) or (iii) of this subparagraph.
(i) The provision for health care coverage may include an order for either parent to
name any child as a beneficiary of any medical or dental insurance or benefit plan carried
by such parent or available to such parent at a reasonable cost, as described in clause
(iv) of this subparagraph. If such order requires the parent to maintain insurance available
through an employer, the order shall be enforced using a National Medical Support
Notice as provided in section 46b-88.
(ii) The provision for health care coverage may include an order for either parent
to: (I) Apply for and maintain coverage on behalf of the child under the HUSKY Plan,
Part B; or (II) provide cash medical support, as described in clauses (v) and (vi) of this
subparagraph. An order under this clause shall be made only if the cost to the parent
obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical
support is reasonable as described in clause (iv) of this subparagraph. An order under
subclause (I) of this clause shall be made only if insurance coverage as described in
clause (i) of this subparagraph is unavailable at reasonable cost to either parent, or
inaccessible to the child.
(iii) An order for payment of the child's medical and dental expenses, other than
those described in subclause (II) of clause (v) of this subparagraph, that are not covered
by insurance or reimbursed in any other manner shall be entered in accordance with the
child support guidelines established pursuant to section 46b-215a.
(iv) Health care coverage shall be deemed reasonable in cost if: (I) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child
support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income;
or (II) the parent obligated to maintain such coverage would not qualify as a low-income
obligor under such guidelines and the cost does not exceed seven and one-half per cent
of such parent's net income. In either case, net income shall be determined in accordance
with the child support guidelines established pursuant to section 46b-215a. If a parent
obligated to maintain insurance must obtain coverage for himself or herself to comply
with the order to provide coverage for the child, reasonable cost shall be determined
based on the combined cost of coverage for such parent and such child.
(v) Cash medical support means: (I) An amount ordered to be paid toward the cost
of premiums for health insurance coverage provided by a public entity, including the
HUSKY Plan, Part A or Part B, except as provided in clause (vi) of this subparagraph,
or by another parent through employment or otherwise, or (II) an amount ordered to be
paid, either directly to a medical provider or to the person obligated to pay such provider,
toward any ongoing extraordinary medical and dental expenses of the child that are not
covered by insurance or reimbursed in any other manner, provided such expenses are
documented and identified specifically on the record. Cash medical support, as described
in subclauses (I) and (II) of this clause, may be ordered in lieu of an order under clause
(i) of this subparagraph to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order
under clause (i) of this subparagraph, provided the total cost to the obligated parent of
insurance and cash medical support is reasonable, as described in clause (iv) of this
subparagraph. An order for cash medical support shall be payable to the state or the
custodial party, as their interests may appear, provided an order under subclause (I) of
this clause shall be effective only as long as health insurance coverage is maintained.
Any unreimbursed medical and dental expenses not covered by an order issued pursuant
to subclause (II) of this clause are subject to an order for unreimbursed medical and
dental expenses pursuant to clause (iii) of this subparagraph.
(vi) Cash medical support to offset the cost of any insurance payable under the
HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who
is a low-income obligor, as defined in the child support guidelines established pursuant
to section 46b-215a, or against a custodial parent of children covered under the HUSKY
Plan, Part A or Part B.
(B) Whenever an order of the Superior Court or family support magistrate is issued
against a parent to cover the cost of such medical or dental insurance or benefit plan for
a child who is eligible for Medicaid benefits, and such parent has received payment
from a third party for the costs of such services but such parent has not used such payment
to reimburse, as appropriate, either the other parent or guardian or the provider of such
services, the Department of Social Services may request the court or family support
magistrate to order the employer of such parent to withhold from the wages, salary
or other employment income of such parent to the extent necessary to reimburse the
Department of Social Services for expenditures for such costs under the Medicaid program, except that any claims for current or past-due child support shall take priority
over any such claims for the costs of such services.
(3) Said court or family support magistrate shall also have authority to make and
enforce orders directed to the conservator or guardian of any such patient or person, or
the payee of Social Security or other benefits to which such patient or person is entitled,
to the extent of the income or estate held or received by such fiduciary or payee in any
such capacity.
(4) For purposes of this section, the term "father" shall include a person who has
acknowledged in writing paternity of a child born out of wedlock, and the court or family
support magistrate shall have authority to determine, order and enforce payment of any
accumulated sums due under a written agreement to support such child in accordance
with the provisions of this section.
(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.
(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.
(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.
(6) (A) All payments ordered by the court or family support magistrate under this
section shall be made to the Commissioner of Administrative Services or, in IV-D cases,
to the state acting by and through the IV-D agency, as the court or family support magistrate may determine, for the period during which the supported person is receiving
assistance or care from the state, provided, in the case of beneficiaries of any program
of public assistance, upon the discontinuance of such assistance, payments shall be
distributed to the beneficiary, beginning with the effective date of discontinuance, and
provided further that in IV-D support cases, all payments shall be distributed as required
by Title IV-D of the Social Security Act. Any order of payment made under this section
may, at any time after being made, be set aside or altered by the court or a family support
magistrate.
(B) In IV-D support cases, the IV-D agency or a support enforcement agency under
cooperative agreement with the IV-D agency may, upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement
services either to the state of Connecticut or to the present custodial party, as their
interests may appear, provided neither the obligor nor the obligee objects in writing
within ten business days from the mailing date of such notice. Any such notice shall be
sent by first class mail to the most recent address of such obligor and obligee, as recorded
in the state case registry pursuant to section 46b-218, and a copy of such notice shall
be filed with the court or family support magistrate if both the obligor and obligee fail
to object to the redirected payments within ten business days from the mailing date of
such notice.
(7) (A) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition of the Commissioner of Administrative Services, the Commissioner of Social Services or their
designees. The verified petition shall be filed by any of said commissioners or their
designees in the judicial district of the court or Family Support Magistrate Division in
which the patient, applicant, beneficiary, recipient or the defendant resides. The judge
or family support magistrate shall cause a summons, signed by such judge or magistrate,
by the clerk of said court, or by a commissioner of the Superior Court to be issued,
requiring such liable person or persons to appear before the court or a family support
magistrate at a time and place as determined by the clerk but not more than ninety days
after the issuance of the summons to show cause, if any, why the request for relief in
such petition should not be granted.
(B) Service of process issued under this section may be made by a state marshal,
any proper officer or any investigator employed by the Department of Social Services
or by the Commissioner of Administrative Services. The state marshal, proper officer
or investigator shall make due return of process to the court not less than twenty-one
days before the date assigned for hearing. Upon proof of the service of the summons to
appear before the court or a family support magistrate, at the time and place named for
hearing upon such petition, the failure of the defendant to appear shall not prohibit the
court or family support magistrate from going forward with the hearing.
(8) Failure of any defendant to obey an order of the court or Family Support Magistrate Division made under this section may be punished as contempt of court. If the
summons and order is signed by a commissioner of the Superior Court, upon proof of
service of the summons to appear in court or before a family support magistrate and
upon the failure of the defendant to appear at the time and place named for hearing
upon the petition, request may be made by the petitioner to the court or family support
magistrate for an order that a capias mittimus be issued. Except as otherwise provided,
upon proof of the service of the summons to appear in court or before a family support
magistrate at the time and place named for a hearing upon the failure of the defendant
to obey the court order as contempt of court, the court or the family support magistrate
may order a capias mittimus to be issued and directed to some proper officer to arrest
such defendant and bring such defendant before the Superior Court for the contempt
hearing. The costs of commitment of any person imprisoned therefor shall be paid by
the state as in criminal cases. When any such defendant is so found in contempt, the
court or family support magistrate may award to the petitioner a reasonable attorney's
fee and the fees of the officer serving the contempt citation, such sums to be paid by
the person found in contempt.
(9) In addition to or in lieu of contempt proceedings, the court or family support
magistrate, upon a finding that any person has failed to obey any order made under this
section, may issue an order directing that an income withholding order issue against
such amount of any debt accruing by reason of personal services due and owing to such
person in accordance with section 52-362, or against such lesser amount of such excess
as said court or family support magistrate deems equitable, for payment of accrued and
unpaid amounts due under such order and all amounts which thereafter become due
under such order. On presentation of such income withholding order by the officer to
whom delivered for service to the person or persons or corporation from whom such
debt accruing by reason of personal services is due and owing, or thereafter becomes
due and owing, to the person against whom such support order was issued, such income
withholding order shall be a lien and a continuing levy upon such debt to the amount
specified therein, which shall be accumulated by the debtor and paid directly to the
Commissioner of Administrative Services or, in IV-D cases, to the state acting by and
through the IV-D agency, in accordance with section 52-362, until such income withholding order and expenses are fully satisfied and paid, or until such income withholding
order is modified.
(10) No entry fee, judgment fee or any other court fee shall be charged by the court
to either party in actions under this section.
(11) Written statements from employers as to property, insurance, wages, indebtedness and other information obtained by the Commissioner of Social Services, or the
Commissioner of Administrative Services under authority of section 17b-137, shall be
admissible in evidence in actions under this section.
(b) Except as provided in sections 46b-212 to 46b-213v, inclusive, any court or
family support magistrate, called upon to enforce a support order, shall insure that such
order is reasonable in light of the obligor's ability to pay. Except as provided in sections
46b-212 to 46b-213v, inclusive, any support order entered pursuant to this section, or
any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including
Support Enforcement Services in TANF support cases as defined in subdivision (14)
of subsection (b) of section 46b-231, upon a showing of a substantial change in the
circumstances of either party or upon a showing that the final order for child support
substantially deviates from the child support guidelines established pursuant to section
46b-215a, unless there was a specific finding on the record that the application of the
guidelines would be inequitable or inappropriate, provided the court or family support
magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the
hearing on such motion. There shall be a rebuttable presumption that any deviation of
less than fifteen per cent from the child support guidelines is not substantial and any
deviation of fifteen per cent or more from the guidelines is substantial. Modification
may be made of such support order without regard to whether the order was issued
before, on or after May 9, 1991. In any hearing to modify any support order from another
jurisdiction the court or the family support magistrate shall conduct the proceedings in
accordance with the procedure set forth in sections 46b-213o to 46b-213q, inclusive.
No such support orders may be subject to retroactive modification except that the court
or family support magistrate may order modification with respect to any period during
which there is a pending motion for a modification of an existing support order from
the date of service of notice of such pending motion upon the opposing party pursuant
to section 52-50.
(c) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section
46b-231, a copy of any support order established or modified pursuant to this section
or, in the case of a motion for modification of an existing support order, a notice of
determination that there should be no change in the amount of the support order, shall
be provided to each party and the state case registry within fourteen days after issuance
of such order or determination.
(1953, 1955, S. 1445d; 1951, 1953, 1955, S. 1461d; 1957, P.A. 28; 1959, P.A. 42, S. 1; 1963, P.A. 73, S. 2; 1967, P.A.
314, S. 12; 746, S. 5; 1972, P.A. 127, S. 30; 294, S. 22; June, 1972, P.A. 1, S. 11; P.A. 74-183, S. 217, 291; P.A. 75-420,
S. 4, 6; P.A. 76-334, S. 7, 12; 76-435, S. 20, 82; 76-436, S. 186, 681; P.A. 77-594, S. 4, 7; 77-614, S. 70, 608, 610; P.A.
79-206; P.A. 80-70, S. 2; 80-149, S. 1, 3; P.A. 84-159, S. 3; 84-205, S. 2; P.A. 86-359, S. 30, 44; P.A. 87-316, S. 9; 87-421, S. 10, 13; P.A. 87-589, S. 32, 87; P.A. 90-188, S. 2; 90-213, S. 19, 56; P.A. 91-76, S. 2, 7; 91-391, S. 1; P.A. 92-253,
S. 3; P.A. 93-187, S. 1; 93-262, S. 40, 89; 93-396, S. 1; May Sp. Sess. P.A. 94-5, S. 7, 30; P.A. 95-305, S. 2, 6; June 18
Sp. Sess. P.A. 97-1, S. 51, 75; June 18 Sp. Sess. P.A. 97-2, S. 82, 165; June 18 Sp. Sess. P.A. 97-7, S. 11, 38; P.A. 99-279,
S. 28, 45; P.A. 00-99, S. 56, 154; P.A. 01-91, S. 3; May 9 Sp. Sess. P.A. 02-7, S. 40; P.A. 03-258, S. 2; 03-278, S. 70; P.A.
04-100, S. 1; P.A. 06-149, S. 4, 5; P.A. 07-247, S. 3, 4.)
History: 1959 act specified statute applies to persons supported in state institutions or under state welfare programs,
added references to Secs. 17-62, 17-90 and 17-119, included payee of social security or other benefits, added provisions
re father of child born out of wedlock, method of making payments and dependents found in contempt, provided for
accumulation of debt owed under lien and that no fees shall be charged and changed technical language; 1963 act placed
jurisdiction in circuit rather than common pleas court, provided for payments through family relations division of court
and for service by investigator in welfare department, made statement as to wages admissible in evidence and added Subsec.
(b); 1967 acts restricted liability to parents of a child under 21 and children of a parent under 65, substituted commissioner
of finance and control for welfare commissioner and raised amount exempt from execution from $25 to $50 per week;
1972 acts changed age of patients for which parent is liable from under 21 to under 18, reflecting changed age of majority
and deleted reference to Sec. 17-82d; P.A. 74-183 replaced circuit court with court of common pleas, "county" with
"geographical area" and family relations "division" with "office"; P.A. 75-420 replaced welfare commissioner and department with social services commissioner and department; P.A. 76-334 included references to Secs. 17-62a and 17-295a,
required court making or enforcing order to insure that order is reasonable in light of relative's ability to pay, replaced
"certificate" with "notice", added exception re continued collection of payments by social services commissioner, allowed
commissioner of social services to file petition for institution of proceedings and replaced executions against debts exceeding $50 per week which are owed to person violating order with executions as provided in Secs. 52-362 and 52-362a;
P.A. 76-435 made technical changes; P.A. 76-436 replaced court of common pleas with superior court, effective July 1,
1978; P.A. 77-594 allowed commissioners' designees to file petitions and allowed filing in geographical area where patient,
applicant, beneficiary or recipient lives and added provisions re failure to appear after summons served; P.A. 77-614
replaced commissioner of finance and control with commissioner of administrative services and, effective January 1, 1979,
replaced commissioner and department of social services with commissioner and department of income maintenance; P.A.
79-206 included commissioner and department of human resources in provisions re petitions, service of summons and
evidence; P.A. 80-70 added reference to Sec. 17-31i(b); P.A. 80-149 required lien payments at one-month, rather than
three-month, intervals; P.A. 84-159 removed the authority of the court to order children to contribute to the support of
parents who are under 65 years of age; P.A. 84-205 added the language concerning orders for medical or dental insurance;
P.A. 86-359 applied provisions to family support magistrates and authorized filing of notice and petitions with assistant
clerk of family support magistrate division; P.A. 87-316 added Subsec. (b) requiring any court or family support magistrate
called upon to enforce a support order to insure that order is reasonable in light of obligor's ability to pay, and permitting
modification of support order entered pursuant to this section or from another jurisdiction subject to enforcement in this
state, provided obligor or obligee or other interested party receives actual notice of pendency of motion and hearing, which
shall be conducted in accordance with Sec. 46b-197; P.A. 87-421 removed references to Sec. 17-295a which was repealed
by the same act; P.A. 87-589 made technical change in Subsec. (b); P.A. 90-188 amended Subsec. (b) by adding provision
permitting modification of child support orders upon showing of substantial change of circumstances or substantial deviation from child support guidelines established under P.A. 89-203 unless inequitable or inappropriate, and prohibiting
retroactive modification of order of periodic payment or permanent alimony or support, except during period of pending
motion for modification; P.A. 90-213 in Subsec. (a) replaced family division with the support enforcement division,
deleted provision allowing the commissioner of income maintenance to collect certain support payments and in Subsec.
(b) authorized the commissioner of human resources to seek to modify AFDC support cases; P.A. 91-76 amended Subsec.
(b) by adding provision re rebuttable presumption that deviation of less than 15% from child support guidelines is not
substantial and any deviation of more than 15% is substantial and permitting modification of support order without regard
to whether order issued before on or after May 9, 1991; P.A. 91-391 amended Subsec. (a) by adding provisions requiring
that determination of support due shall be based upon obligor's ability to pay during such prior periods, requiring that state
disclose to court information re current and past ability to pay, and that if no information is available on orders entered on
or after October 1, 1991, such order shall be subject to adjustment when information becomes available to court upon
motion of any party within four months of notification of amount of such order and of right to present evidence of past
ability to pay; P.A. 92-253 amended Subsec. (a) by granting authority to court or magistrate to make and enforce orders
to employer of parent to withhold premiums necessary for medical or dental insurance for minor child; P.A. 93-187 made
technical changes to Subsec. (a) re commencement of support proceedings, summons and order, service of process and
wage withholding orders; P.A. 93-262 replaced references to commissioners and departments of income maintenance and
human resources with commissioner and department of social services, effective July 1, 1993; P.A. 93-396 changed
references to "execution" to "withholding order" or "wage withholding" and deleted reference to filing of discontinuance
notice with court or assistant clerk of family support magistrate division where order was entered and in Subsec. (b)
removed the reference to the commissioner of human resources and substituted "support enforcement division" thereby
superseding the reference to the commissioner of social services which was added by P.A. 93-262, since P.A. 93-396
passed later than P.A. 93-262; May Sp. Sess. P.A. 94-5 amended Subsec. (a) to provide that if an order is issued against
a parent, and such parent has received payment from a third party for the costs of such insurance, and the parent fails to
reimburse the other parent or the party providing the insurance, the court may order a wage withholding of an amount
necessary to reimburse the department of social services if the child is covered by the Medicaid program or the guardian
or other parent in other cases for expenditures made or to be made on behalf of such child, effective July 1, 1994; Sec. 17-324 transferred to Sec. 17b-745 in 1995; P.A. 95-305 amended Subsec. (a) by requiring the court or family support magistrate
to order the employer of a parent with a medical or dental insurance or benefit plan to withhold from such parent's
compensation the amount of a premium for health coverage, except such employer may be required to withhold less than
the full cost of such premium under regulation of the Secretary of the United States Department of Health and Human
Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-1 made technical changes to Subsec. (b), effective January 1,
1998; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (b) to replace a reference to "AFDC" with "TANF", effective July 1,
1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) to require order in IV-D case to include provision for health care
coverage of child, to permit magistrate, in IV-D cases, to order person to participate in work activities, provided such
person is not incapacitated and to make other technical changes, including changing "wage" to "income", made a technical
change in Subsec. (b) and added Subsec. (c) re copy of order and any modification shall be provided to each party and to
state case registry within 14 days of order in IV-D cases, effective July 1, 1997; P.A. 99-279 amended Subsec. (a) by
dividing it into eleven Subdivs. and Subparas., making technical changes and adding to Subdiv. (2) provisions re insurance
coverage under Husky Plan in cases where insurance is unavailable under a parent's group coverage through an employer
or union, effective July 1, 1999; P.A. 00-99 replaced references to sheriff with state marshal in Subsec. (a)(7)(B), effective
December 1, 2000; P.A. 01-91 amended Subsec. (b) by changing "the Support Enforcement Division" to "Support Enforcement Services"; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a)(2) by specifying that an employment based order requiring
a parent to name a child as a beneficiary of medical or dental insurance is to be enforced using a National Medical Support
Notice in Subpara. (A) and deleting provisions re withholding from employee's compensation in Subpara. (B); P.A. 03-258 amended Subsec. (a)(5)(B) by providing that child support due for periods prior to commencement of an action shall
be "determined in accordance with the child support and arrearage guidelines established pursuant to section 46b-215a",
deleting provision re support determination being based on assistance rendered to a child, adding provision re court determination of past ability to pay support based on obligor's work history or state's minimum wage in effect during periods
prior to action and making technical changes, and amended Subsec. (a)(5)(C) by adding provision re support findings
made for periods of time prior to an action where obligor failed to appear are subject to adjustment, providing that in IV-D cases state must make motion for adjustment if it obtains information that would have substantially affected court's
determination of past ability to pay, changing time parameters for making motion for adjustment from four to twelve
months, and adding provision re support orders subject to adjustment must state in plain language the court's basis for
making the determination of past support, the right to request an adjustment and present evidence re past ability to pay,
and consequences of failure to request an adjustment; P.A. 03-278 made technical changes in Subsec. (a)(1), effective July
9, 2003; P.A. 04-100 amended Subsec. (a)(1) and (2) by adding provision re continuation of support for unmarried, full-time high school student residing with custodial parent and making technical and conforming changes; P.A. 06-149 amended
Subsec. (a)(1) and (2) to make technical changes, delete "and residing with the custodial parent", and substitute exemption
from insurance payments for low-income obligors for prior exemption if premium payment would reduce amount of
support required under child support guidelines, amended Subsec. (a)(5) to provide that a father's liability for past-due
support of a child born out of wedlock shall be limited to three years next preceding the filing of a petition and make
technical changes, and amended Subsec. (a)(6) to designate existing provisions as Subpara. (A) and provide therein that
in IV-D support cases, payments shall be distributed as required by Title IV-D of the Social Security Act, and to add
Subpara. (B) re redirection of payments and notice thereof, effective June 6, 2006; P.A. 07-247 amended Subsec. (a)(2)(A)
by inserting clause (i) to (vi) designators, by specifying that court or family support magistrate may order either or both
parents to provide health care coverage for the child, by specifying that either parent may be ordered to name a child as a
beneficiary of any medical or dental insurance plan carried by or available to such parent at a reasonable cost, by describing
"reasonable in cost" re maintaining health care coverage, by deleting provision that required applying for coverage under
HUSKY Plan, Part B only if noncustodial parent had sufficient ability to pay the appropriate premium, by providing that
court or family support magistrate may order either parent to provide for coverage under HUSKY Plan, Part B, or alternatively enter an order for cash medical support as long as any such order was reasonable, by defining "cash medical support"
and requirements related to entry of a cash medical support order and by making conforming and technical changes, and
amended Subsec. (a)(7)(A) by deleting "The verified petition, summons and order shall be on forms prescribed by the
Office of the Chief Court Administrator."
See Sec. 17b-222 for definition of "humane institution".
See Sec. 17b-223 re support in humane institutions.
See Sec. 17b-228 re court action by state to recover unpaid portion of charges for support in humane institution.
See Sec. 46b-88 re National Medical Support Notice.
See Sec. 46b-215e re institutionalized or incarcertated child support obligor.
See Sec. 52-56(d) re execution or service of copies mittimus in any precinct by state marshal of any precinct.
Annotations to former section 17-324:
The order for payments is subject to rescission or modification and is not a fixed liability absolutely owing within the
meaning of dischargeable debts under the bankruptcy act. 142 C. 329. Cited. 152 C. 55. Defendant's unsworn but written
acknowledgment of paternity in earlier contract to support child is sufficient to meet requirements of this section. History
of state law concerning illegitimate children reviewed. 156 C. 199. Cited. 166 C. 642. Cited. 180 C. 114.
Cited. 34 CS 187. Cited. 35 CS 603. Cited. 37 CS 566; Id., 745. While defendant correctly interprets statute, Sec. 52-362a applies, allowing wage execution to be issued concurrently with a support order. Id., 840. Cited. Id., 891. Cited. 38
CS 503.
Commissioner may proceed under this statute or section 17-298 to secure collection of support for patient in state
humane institution. 4 Conn. Cir. Ct. 81. Cited. Id., 401, 402. In proceeding under this section defendant can present defense
of desertion by mother with whose support he was charged by order of commissioner. Although he did appeal under
sections 17-2a and 17-2b, state had not pleaded his failure to do so. Id., 645.