Sec. 46b-220. Suspension of license of delinquent child support obligor. Conditions. Reinstatement.
Sec. 46b-220. Suspension of license of delinquent child support obligor. Conditions. Reinstatement. (a) For the purposes of this section:
(1) "Delinquent child support obligor" means an obligor who (A) owes overdue
support, accruing after the entry of a court order, in an amount which exceeds ninety
days of periodic payments on a current support or arrearage payment order, (B) has
failed to make court ordered medical or dental insurance coverage available within
ninety days of the issuance of a court order or fails to maintain such coverage pursuant
to court order for a period of ninety days, or (C) has failed, after receiving appropriate
notice, to comply with subpoenas or warrants relating to paternity or child support proceedings;
(2) "License" means each license, certification or permit to engage in a profession
or occupation regulated pursuant to the provisions of title 19a, 20 or 21, a motor vehicle
operator's license or a commercial driver's license issued by the Commissioner of Motor
Vehicles in accordance with chapter 246, and licenses and permits issued by the Department of Environmental Protection pursuant to part III of chapter 490;
(3) "Licensing authority" means any board, commission, department or official with
authority to issue a license;
(4) "Obligor" means any person owing a duty of child support;
(5) "Obligee" means the person or entity to whom child support payments are owed;
(6) "Past-due support" shall have the same meaning as provided in section 52-362j; and
(7) "Overdue support" shall have the same meaning as provided in section 52-362j.
(b) The Superior Court and any family support magistrate may issue a suspension
order, which suspends the license of a delinquent child support obligor, to enforce a
child support order. Such suspension order shall specify the conditions which must be
met to avoid license suspension and shall be effective only on the filing of an affidavit,
sufficient under subsection (c) of this section as to the obligor's delinquency. Such order
shall also specify the conditions of reinstatement of any such suspended license in the
event of suspension by the court or family support magistrate. In IV-D cases the order
shall specify that the Department of Social Services shall notify the licensing authority
of the suspension order and of compliance with or rescission of such order. In non-IV-D cases, the order shall specify the procedure for notification of the licensing authority
of the suspension order and of compliance with or rescission of such order and the person
required to provide such notification. No judge or family support magistrate may issue
a suspension order unless he finds (1) the obligor has received actual notice of the
proceeding and that a motor vehicle operator's license or professional, occupational or
recreational license which he holds may be suspended, (2) the noncompliance with his
child support obligations was wilful and without good cause, (3) the suspension order
is fair and equitable, (4) the obligor has sufficient financial resources to comply with
the conditions specified in the suspension order. A copy of any suspension order issued
against a nonappearing obligor shall be sent to the obligor by first class mail, postage
prepaid by the Department of Social Services, or, in any non-IV-D case, any person
specified in the suspension order.
(c) If the obligor fails to comply with the conditions of a suspension order within
thirty days of the issuance of such order, the Department of Social Services, a support
enforcement officer, the attorney for the obligee or the obligee, as provided in the suspension order, shall file with the court or assistant clerk of the Family Support Magistrate
Division, an affidavit stating that the conditions of the suspension order have not been
met, and provide the obligor with a copy of such affidavit. Such affidavit shall be filed
within forty-five days of the expiration of such thirty-day period. Such suspension order
shall be effective upon the filing of such affidavit.
(d) If (1) the obligor satisfies the conditions of the suspension order within thirty
days of the issuance of such suspension order or (2) the affidavit is not filed within forty-five days of the expiration of such thirty-day period, such order shall be null and void
and shall have no further effect.
(e) Upon receipt of an effective court order directing suspension of a license, the
Department of Social Services or, in any non-IV-D case, any person specified in such
order shall provide the licensing authority with a copy of the suspension order and
affidavit. The licensing authority shall, upon receipt of such order and affidavit, suspend
such license. Upon the obligor's compliance with the conditions of the license suspension order concerning reinstatement, or upon any subsequent order of the court or family
support magistrate to rescind such license suspension, the licensing authority shall immediately reinstate such license. No licensing authority may charge a fee for the reinstatement of any such license which exceeds the actual administrative cost of such
reinstatement.
(P.A. 95-310, S. 4, 9; June 18 Sp. Sess. P.A. 97-7, S. 32, 38; ; P.A. 04-100, S. 5; 04-257, S. 74.)
History: P.A. 95-310 effective January 1, 1996; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by redefining "delinquent child support obligor" and "license", and by defining "past-due support" and "overdue support" and added provision
re recreational license in Subsec. (b), effective July 1, 1997; P.A. 04-100 amended Subsec. (a) by making technical changes
in Subdivs. (1) and (2) and redefining "past-due support" in Subdiv. (6) and "overdue support" in Subdiv. (7) to have the
same meanings as provided in Sec. 52-362j; P.A. 04-257 made technical changes in Subsec. (a)(2), effective June 14, 2004.
Cited. 234 C. 194.