Sec. 46b-171. (Formerly Sec. 52-442). Judgment of court or family support magistrate. Support orders. Past-due support. Reopened judgment of paternity.
Sec. 46b-171. (Formerly Sec. 52-442). Judgment of court or family support
magistrate. Support orders. Past-due support. Reopened judgment of paternity.
(a)(1)(A) If the defendant is found to be the father of the child, the court or family support
magistrate shall order the defendant to stand charged with the support and maintenance
of such child, with the assistance of the mother if such mother is financially able, 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, 17b-745, 46b-129, 46b-130
or 46b-215, to be reasonably commensurate with the financial ability of the defendant,
and to pay a certain sum periodically until the child attains the age of eighteen years or
as otherwise provided in this subsection. If such child is unmarried and a full-time high
school student, such support shall continue according to the parents' respective abilities,
if such child is in need of support, until such child completes the twelfth grade or attains
the age of nineteen, whichever occurs first.
(B) The court or family support magistrate shall order the defendant to pay such
sum to the complainant, or, if a town or the state has paid such expense, to the town or
the state, as the case may be, and shall grant execution for the same and costs of suit
taxed as in other civil actions, together with a reasonable attorney's fee, and may require
the defendant to become bound with sufficient surety to perform such orders for support
and maintenance. 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. All payments made shall be distributed as required by Title IV-D
of the Social Security Act.
(2) In addition, 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 subparagraphs (A), (B) or (C) of this subdivision.
(A) 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 subparagraph (D) of this subdivision. 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.
(B) 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 subparagraphs (E) and (F)
of this subdivision. An order under this subparagraph 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 subparagraph (D) of this subdivision.
An order under clause (i) of this subparagraph shall be made only if insurance coverage
as described in subparagraph (A) of this subdivision is unavailable at reasonable cost
to either parent, or inaccessible to the child.
(C) An order for payment of the child's medical and dental expenses, other than
those described in clause (ii) of subparagraph (E) of this subdivision, 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.
(D) 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.
(E) 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 subparagraph (F) of this subdivision, 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 clauses (i) and (ii) of this subparagraph, may be ordered in lieu of
an order under subparagraph (A) of this subdivision 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 subparagraph (A) of this subdivision, provided the total
cost to the obligated parent of insurance and cash medical support is reasonable, as
described in subparagraph (D) of this subdivision. 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 clause (i) of this subparagraph shall be effective only as long as health
insurance coverage is maintained. Any unreimbursed medical and dental expenses not
covered by an order pursuant to clause (ii) of this subparagraph are subject to an order
for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this
subdivision.
(F) 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.
(3) 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 the defendant
is liable in accordance with the provisions of section 17b-81, 17b-223, subsection (b)
of section 17b-179, section 17a-90, 46b-129 or 46b-130 and, in IV-D cases, and order
such person, provided such person is not incapacitated, to participate in work activities
which 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 defendant's liability for past-due support
under this subdivision shall be limited to the three years next preceding the filing of the
petition.
(4) If the defendant fails to comply with any order made under this section, the court
or family support magistrate may commit the defendant to a community correctional
center, there to remain until the defendant complies therewith; but, if it appears that the
mother does not apply the periodic allowance paid by the defendant toward the support
of such child, and that such child is chargeable, or likely to become chargeable, to the
town where it belongs, the court, on application, may discontinue such allowance to the
mother, and may direct it to be paid to the selectmen of such town, for such support,
and may issue execution in their favor for the same. The provisions of section 17b-743
shall apply to this section. The clerk of the court which has rendered judgment for the
payment of money for the maintenance of any child under the provisions of this section
shall, within twenty-four hours after such judgment has been rendered, notify the selectmen of the town where the child belongs.
(5) Any support order made under this section may at any time thereafter be set
aside, altered or modified by any court issuing such order upon a showing of a substantial
change in the circumstances of the defendant or the mother of such child or upon a
showing that such order 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. 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. No such
support orders may be subject to retroactive modification, except that the court 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 the notice of
such pending motion upon the opposing party pursuant to section 52-50.
(6) Failure of the defendant to obey any order for support made under this section
may be punished as for contempt of court and the costs of commitment of any person
imprisoned therefor shall be paid by the state as in criminal cases.
(b) Whenever the Superior Court or family support magistrate reopens a judgment
of paternity entered pursuant to this section in which a person was found to be the father
of a child who is or has been supported by the state and the court or family support
magistrate finds that the person adjudicated the father is not the father of the child, the
Department of Social Services shall refund to such person any money paid to the state
by such person during the period such child was supported by the state.
(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.
(1949 Rev., S. 8180; 1957, P.A. 462, S. 1; 1959, P.A. 115, S. 3; 639, S. 1; 1969, P.A. 297; P.A. 89-360, S. 15, 42, 45;
P.A. 90-188, S. 3; P.A. 91-76, S. 3, 7; P.A. 93-329, S. 11; June 18 Sp. Sess. P.A. 97-7, S. 22, 38; P.A. 99-279, S. 30, 45;
May 9 Sp. Sess. P.A. 02-7, S. 43; P.A. 04-100, S. 2; P.A. 06-149, S. 12; P.A. 07-247, S. 11.)
History: 1959 acts stipulated court order be for support as well as maintenance, made mother's assistance depend on
whether she is financially able, confined time for payments to period before child reaches 18 years rather than for such
time as court judges proper, substituted provision for expense of support and maintenance before judgment is rendered for
nursing expenses to that time, making whole amount rather than half payable to complainant, specified cost of suit be
taxed as in other civil actions, together with attorney's fee, deleted provisions that court direct payment to welfare commissioner and issue execution on same, substituting application of Sec. 17-323a, and specified that failure of defendant to
obey order for support "may be punished as for contempt of court" and that "costs of commitment of any person imprisoned
therefor shall be paid by the state as in criminal cases"; 1969 act substituted "community correctional center" for "jail";
Sec. 52-442 transferred to Sec. 46b-171 in 1979; P.A. 89-360 changed "guilty" to "to be the father of the child", added
language re determination of financial ability of mother, changed "weekly" to "periodically", deleted determination and
order for lying-in expense and authorized court to make and enforce orders for unpaid support contributions pursuant to
Sec. 17-31i(b), 17-32, 17-82e, 17-295, 46b-129 or 46b-130 and added references to family support magistrates throughout
section; P.A. 90-188 amended section 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. 91-76 added 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. 93-329 added Subsec. (b) re refund of money paid for support when judgment of paternity is
reopened and person who was adjudicated the father of child who is or was supported by the state is found not to be the
father of such child; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by adding provisions requiring support order to
contain order for health care coverage in IV-D case and re order to person who is not incapacitated to participate in work
activities and added Subsec. (c) re copy of order, modification or other determination to each party and to state case registry
within 14 days after issuance, effective July 1, 1997; P.A. 99-279 amended Subsec. (a) by dividing it into six Subdivs.,
making technical changes and adding in Subdiv. (2) provisions re health care coverage under HUSKY Plan where coverage
is unavailable at reasonable cost through a parent, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-7 amended Subsec.
(a)(2) by adding provision re enforcement of employment-based order using a National Medical Support Notice; 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)
to make technical changes and insert Subpara. designators (A) and (B) in Subdiv. (1), amended Subsec. (a)(1)(A) to delete
"and residing with the custodial parent", amended Subsec. (a)(1)(B) to add provisions re redirection of payments and notice
thereof and requiring payments to be distributed as required by Title IV-D of the Social Security Act, amended Subsec.
(a)(2) to substitute exemption from insurance payment requirements for low-income obligors for prior exemption if premium payments would reduce amount of support required under child support guidelines, and amended Subsec. (a)(3) to
provide that liability for past-due support shall be limited to 3 years next preceding the filing of petition, effective June 6,
2006; P.A. 07-247 amended Subsec. (a)(2) by inserting Subpara. designators (A) to (F), 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 cost re maintaining health care coverage, by deleting language
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 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 technical changes.
See Sec. 46b-88 re National Medical Support Notice.
Annotations to former section 52-442:
Form of finding and judgment. 2 C. 157; 3 C. 585; 5 C. 426. "Maintenance" defined. 2 C. 157; 4 C. 567. Form of bond.
2 R. 497; 1 R. 230. Burial expenses of the child do not fall within "lying-in or nursing" expenses. 67 C. 345. Amount and
duration of weekly payments rest in discretion of court; 93 C. 324; requiring payments until child is fourteen held reasonable.
Id. Judgment for defendant in bastardy action held a bar to subsequent action for seduction brought by father of original
plaintiff. 104 C. 592. Town may be third party beneficiary on bond given to mother. 128 C. 322. Order contemplated by
sections 52-439a, 52-440 and this section is not only for the protection of the mother but also of the town. 143 C. 688. The
amount and duration of the order for the support of the child is a matter within the sound discretion of the court. 147 C.
423. Does not confer jurisdiction over bastardy actions. 165 C. 33. Cited. 170 C. 367. Person adjudged the father may be
charged the support of caretaker mother when necessary for proper maintenance of child. 175 C. 438.
Cited. 20 CS 350. Cited. 34 CS 281. Cited. 35 CS 603. Assessment against father of full expense of supporting child
until judgment without consideration of mother's financial ability does not constitute invidious discrimination based upon
sex. Id., 628. Basis of father's liability for support of child's caretaker grandmother is the services performed for the benefit
of the child. 36 CS 504.
Cited. 2 Conn. Cir. Ct. 582. Cited. 3 Conn. Cir. Ct. 553, 554(fn). Evidence of photograph of child and blood test not
necessary to prove paternity where defendant had been sole lover of plaintiff, previously virgin, and their admission held
not harmful. 4 Conn. Cir. Ct. 713. This statute should be used to order support of child when defendant is adjudged father.
5 Conn. Cir. Ct. 484. Cited. Id., 578. Ascertainment of lying-in expenses is in sound discretion of court. Plaintiff not obliged
to assist in paying lying-in expenses. 6 Conn. Cir. Ct. 22. Cited. Id., 520.
Annotations to present section:
Cited. 188 C. 354. Cited. 194 C. 52. Cited. 196 C. 407; Id., 413. Cited. 197 C. 87. Cited. 216 C. 85. Cited. 225 C. 185.
Cited. 236 C. 582.
Cited. 9 CA 327. Cited. 22 CA 583. Cited. 25 CA 563. P.A. 90-188 cited. Id. Unlike Sec. 46b-62, this section does not
require court to consider specific statutory factors in fashioning awards, but merely requires that exercise of court's broad
discretion be reasonable. 75 CA 625.
Cited. 35 CS 679. Cited. 37 CS 745; Id., 885. Words "support and maintenance" as employed in statute encompass
support for caretaker mother when necessary for proper maintenance of the child. 39 CS 485.