Sec. 52-362d. Lien against property of obligor for unpaid child support. Securing, releasing or foreclosing lien. Notice of lien and opportunity for hearing. Information re unpaid support reported to
Sec. 52-362d. Lien against property of obligor for unpaid child support. Securing, releasing or foreclosing lien. Notice of lien and opportunity for hearing.
Information re unpaid support reported to participating consumer reporting
agency. Offset for child support arrearage against money payable by state to obligor. Notification by Connecticut Lottery Corporation. Hearings re alleged arrearages. Regulations. (a) Whenever an order of the Superior Court or a family support
magistrate for support of a minor child or children is issued and such payments have
been ordered to be made to the state acting by and through the IV-D agency and the
person against whom such support order was issued owes past-due support in the amount
of five hundred dollars or more, the state shall have a lien on any property, real or
personal, in which such person has an interest to enforce payment of such past-due
support. The lien for past-due child support shall be secured by the IV-D agency pursuant
to procedures contained in the general statutes applicable to the type of property to be
secured. After securing the lien, the IV-D agency shall provide such person with notice
of the lien and an opportunity for a hearing before a hearing officer of the Department
of Social Services pursuant to section 17b-60 to contest the lien. The IV-D agency shall
file a release of such lien if a hearing officer determines that the conditions for the
existence of a lien are not satisfied. Any such lien on real property may, at any time
during which the obligor owes the amount of past-due child support secured by such
lien, be foreclosed in an action brought in a court of competent jurisdiction by the Commissioner of Social Services in a title IV-D case or by the person to whom the child
support is due. A lien for past-due support arising in any other state shall be given full
faith and credit by this state provided such other state has complied with its procedural
rules relating to recording or serving of liens.
(b) On October 1, 1991, and monthly thereafter, the Department of Social Services
shall compile a list of all obligors who owe overdue support in the amount of one thousand dollars or more accruing after the entry of an initial court order establishing a child
support obligation. Any overdue support in an amount of one thousand dollars or more
shall be subject to the reporting provisions of this section. The state shall report to any
participating consumer reporting agency, as defined in 15 USC 1681a(f), information
regarding the amount of such overdue support owed by an obligor if the amount of
such overdue support is one thousand dollars or more, on a computer tape in a format
acceptable to the consumer reporting agency. Such information shall be reported by the
department only after notice has been sent by the department to such obligor of the
proposed action, and such obligor is given an opportunity for a hearing before a hearing
officer of the department to contest the amount of the alleged arrearage. Any such notice
sent to such obligor shall contain a telephone number and address of the Department of
Social Services and shall contain the following language in bold type: "If you are no
longer in arrears or have received this notice in error, please contact the department at
the following address or telephone number." On a monthly basis, the Department of
Social Services shall provide to each consumer reporting agency informed of the original
arrearage of an obligor updated information concerning any such obligor and the status
of payments, including a list of obligors who no longer owe overdue support, in such
acceptable computer format. The department shall designate one or more persons in the
department to receive telephone or other requests from an obligor or a consumer reporting agency regarding verification of information supplied to a consumer reporting
agency. The department shall respond to any such request within five working days of
its receipt. Upon satisfactory verification that an obligor is no longer in arrears, the
department shall send a statement to such obligor, and such statement shall constitute
proof to a creditor that such obligor is no longer in arrears as of the date of the statement.
A participating consumer reporting agency which receives such updated information
from the department that an obligor no longer owes any overdue support shall record
such information within thirty days of receipt of such notification unless the information
was in a format which was unusable by the agency or contained an error which prevented
the agency from matching the updated information to previously supplied data. Any
consumer reporting agency which negligently or wilfully fails to use reasonable efforts
to comply with any requirement imposed under this subsection with respect to an obligor
shall be liable to such obligor in an amount equal to the sum of (1) any actual damages
sustained by the obligor as a result of such failure, and (2) a reasonable attorney's fee
as determined by the court.
(c) When any person redeems a winning lottery ticket worth five thousand dollars
or more at the central office of the Connecticut Lottery Corporation, the Connecticut
Lottery Corporation shall check the name and other identifying information of such
person against a list of obligors supplied by the Commissioner of Social Services. If
such person is included on the list of obligors, the Connecticut Lottery Corporation shall
request confirmation from the Commissioner of Social Services that such person is in
fact an obligor, and upon notification by the Commissioner of Social Services that money
is due from any such person as a result of a claim for support which has been assigned
to the state pursuant to section 17b-77, or is to be paid to the state acting by and through
the IV-D agency, the Connecticut Lottery Corporation shall withhold from any lottery
winnings payable to such person under the provisions of chapter 226 or chapter 229a
the amount of such claim for support owed to an individual for any portion of support
which has not been assigned to the state and then the amount of such claim for support
owed to the state, provided the Connecticut Lottery Corporation shall notify such person
that (1) lottery winnings have been withheld as a result of the amount due for such
support, and (2) such person has the right to a hearing before a hearing officer designated
by the Commissioner of Social Services if such person contests the amount of the alleged
claim for support. The Connecticut Lottery Corporation shall pay any such person in
accordance with any decisions of the hearing officer or the court upon appeal of the
hearing officer's decision.
(d) Whenever an order of the Superior Court or a family support magistrate of this
state, or an order of another state that has been registered in this state, for support of a
minor child or children is issued and such payments have been ordered through the IV-D agency, and the obligor against whom such support order was issued owes overdue
support under such order in the amount of five hundred dollars or more, the IV-D agency,
as defined in subdivision (12) of subsection (b) of section 46b-231, or Support Enforcement Services of the Superior Court may notify (1) any state or local agency with authority to distribute benefits to such obligor including, but not limited to, unemployment
compensation and workers' compensation, (2) any person having or expecting to have
custody or control of or authority to distribute any amounts due such obligor under any
judgment or settlement, (3) any financial institution holding assets of such obligor, and
(4) any public or private entity administering a public or private retirement fund in which
such obligor has an interest that such obligor owes overdue support in a IV-D support
case. Upon receipt of such notice, such agency, person, institution or entity shall withhold delivery or distribution of any such benefits, amounts, assets or funds until receipt
of further notice from the IV-D agency.
(e) In IV-D cases in which a notice is sent pursuant to subsection (d) of this section,
the IV-D agency shall notify the obligor that such benefits, amounts, assets or funds
have been withheld as a result of overdue support in a IV-D support case in accordance
with an order of the Superior Court or family support magistrate of this state, or an order
of another state that has been registered in this state. The IV-D agency shall further
notify the agency, person, institution or entity to whom notice was sent pursuant to
subsection (d) of this section as follows: (1) Upon expiration of the time for requesting a
hearing specified in section 17b-60, to make payment to the state from any such benefits,
amounts, assets or funds withheld in accordance with subsection (d) of this section
provided, in the case of retirement funds, such payment shall only be made in accordance
with a withholding order issued under section 52-362 when the obligor is entitled to
receive retirement benefits from such fund; (2) upon payment of such overdue support
by such obligor, to release or distribute, as appropriate, such benefits, amounts, assets
or funds to such obligor; or (3) upon issuance of a decision by the hearing officer or the
court upon appeal of such officer's decision, to take such other action as may be ordered
by such officer or such court, and such agency, person, institution or entity shall forthwith
comply with such notice received from the IV-D agency.
(f) Support collected pursuant to this section shall be distributed as required by Title
IV-D of the Social Security Act.
(g) The Commissioner of Social Services shall adopt regulations, in accordance
with chapter 54, setting forth procedures providing for adequate notice of (1) the right
to a hearing before a hearing officer, and (2) procedures for a fair hearing for any person
alleged by the commissioner to owe past-due or overdue child support to the state, or
to an individual when the payments have been ordered payable to the state acting by
and through the IV-D agency, if the commissioner has filed a lien on the property of
such person or claimed an offset against money payable by the state to enforce a claim
for payment of such past-due or overdue support, or intends to seize any benefits,
amounts, assets or funds withheld in accordance with subsection (d) of this section or
report such overdue support to a consumer credit agency.
(P.A. 85-548, S. 7; P.A. 86-359, S. 38, 44; P.A. 88-257, S. 1, 2; P.A. 90-206; 90-213, S. 40, 56; P.A. 91-139; P.A. 93-262, S. 1, 87; 93-329, S. 1; June 18 Sp. Sess. P.A. 97-7, S. 29, 38; P.A. 01-91, S. 23; 01-207, S. 9, 10, 12; P.A. 03-109, S.
1; P.A. 04-16, S. 16; P.A. 06-149, S. 25.)
History: P.A. 86-359 amended Subsec. (a) to add reference to family support magistrates' orders and to refer to the
child support enforcement "bureau" rather than "unit"; P.A. 88-257 inserted new Subsec. (c) re withholding of order upon
treasurer for payment due from winnings pursuant to chapter 226 as result of amount due for child support and amended
relettered Subsec. (d) to include regulations re notice in cases where commissioner intends to claim offset against money
payable by state; P.A. 90-206 amended Subsec. (b) by requiring that on and after November 1, 1990, and annually thereafter,
department of human resources compile a list of obligors who owe overdue support of $1,000 or more and report such list
to participating consumer reporting agencies, that notice to obligor contain telephone number and address of department
and notice to contact department if error, that department provide monthly updated information re arrearages and that
consumer reporting agencies notified that obligor no longer owes overdue support record information within 15 days of
notification or be liable for damages incurred by obligor for failure to record such information; P.A. 90-213 changed office
to which payments are to be made from the family relations office to the commissioner of administrative services or through
the support enforcement division; P.A. 91-139 amended Subsec. (b) to provide that on October 1, 1991, and monthly
thereafter the department is required to report on computer tape in format acceptable to the consumer reporting agency,
to add "from an obligor or a consumer reporting agency" after "requests", to increase the time within which a consumer
reporting agency is required to record updated information from 15 to 30 days after receipt, to add exception to such
recording requirement providing "unless the information was in a format which was unusable by the agency or contained
an error which prevented the agency from matching the updated information to previously supplied data", and to change
liability of consumer reporting agency from being liable to obligor for damages incurred for failure by such agency to
record that obligor no longer owes overdue support, to liability to the obligor in an amount equal to sum of actual damages
and reasonable attorney's fee if agency negligently or wilfully fails to use reasonable efforts to comply with requirements
of section; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and
department of human resources, effective July 1, 1993; P.A. 93-329 amended Subsec. (b) by adding "initial" before "court
order", adding "establishing a child support obligation" after "court order" and adding provision that overdue support in
amount of $1,000 or more shall be reported unless court or magistrate makes specific finding that amount of overdue
support shall not be reported; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) re lien for past-due child support by deleting
references to Commissioner of Administrative Services, Support Enforcement Division of the Superior Court and Child
Support Enforcement Bureau of the Department of Social Services and adding references to the state, acting by and through
the IV-D agency and by adding provisions re lien secured by IV-D agency pursuant to procedures in general statutes,
reapplications of lien proceeds and re full faith and credit, amended Subsec. (c) by making a conforming change, added
new Subsecs. (d), (e) and (f) re withholding and seizure of unemployment and workers' compensation benefits, amounts
due under judgment or settlement, retirement funds or assets held by financial institution of any obligor who owes overdue
support of $500 or more, notice re withholding and application of overdue support collected and redesignated former
Subsec. (d) as Subsec. (g), amended Subsec. (g) to provide for fair hearing re overdue support if IV-D agency has filed
lien for past due support or intends to seize, withhold assets or benefits and made technical changes, effective July 1, 1997;
P.A. 01-91, effective October 1, 2001, and P.A. 01-207, effective July 1, 2001, both amended Subsec. (d) by changing
"the Support Enforcement Division" to "Support Enforcement Services"; P.A. 01-207 also amended Subsec. (a) to require
proceeds of the lien to be applied to the family's current and past-due support first when past-due support is owing both
to a family and to the state and to make a technical change, amended Subsec. (c) to make extensive changes, substituting
"Connecticut Lottery Corporation" for "Comptroller", requiring such corporation to withhold from any lottery winnings
payable under the provisions of chapter 226 or 229a the amount of such claim for support provided such corporation
notifies such person that lottery winnings have been withheld as a result of amount due for support, eliminating references
to the Treasurer and making technical changes for purposes of gender neutrality, and amended Subsec. (e)(1) to add "and
any current support obligation", effective July 1, 2001; P.A. 03-109 amended Subsec. (a) by deleting requirement that lien
proceeds be applied to family's current and past-due support first when past-due support is owing to both a family and the
state, amended Subsec. (b) by deleting provision that allowed a court or family support magistrate to make a finding that
overdue support in excess of $1,000 shall not be reported and by making a technical change, amended Subsec. (c) to require
Connecticut Lottery Corporation to check the name and other identifying information of any person redeeming a winning
lottery ticket worth $5,000 or more against list of obligors supplied by Commissioner of Social Services and, upon confirming that such person is an obligor, withhold lottery winnings for support owed, amended Subsecs. (d) and (e) by adding
"of this state, or an order of another state that has been registered in this state" and, in Subsec. (e)(1), deleting "to satisfy
such overdue support and any current support obligation", amended Subsec. (f) by replacing former provisions with
provisions requiring collected support to be "distributed as required by Title IV-D of the Social Security Act", and amended
Subsec. (g) by making a technical change; P.A. 04-16 made technical changes in Subsec. (c); P.A. 06-149 amended Subsec.
(a) to substitute requirement that agency provide notice and opportunity for hearing after securing lien, and that lien be
released if hearing officer determines conditions for existence of lien are not satisfied, for prior requirement that agency
first provide notice and hearing prior to having lien, effective June 6, 2006.
Section applies when orders of support are to be paid to state by and through the Title IV-D agency and the obligor
owes past due support of five hundred dollars or more; statute is separate and distinct from Sec. 17b-93 and any Sec. 17b-93 lien would be in addition to a lien for past due support obligations. 47 CS 583.
Subsec. (a):
Cited. 234 C. 194.
Subsec. (b):
Cited. 234 C. 194.
Subsec. (c):
Cited. 234 C. 194.
Subsec. (d):
Notification of a claimant's delinquent child support arrearages to any person having authority to distribute amounts
to a support obligor under this Subsec. is not limited solely to an IV-D agency; payors can acquire this information through
alternative means. 106 CA 802.
Procedures provided in this Subsec. for notice and opportunity for hearing after obligor's assets withheld, rather than
before, not in violation of right to procedural due process. 47 CS 492.
Subsec. (e):
Procedures provided in this Subsec. for notice and opportunity for hearing after obligor's assets withheld, rather than
before, not in violation of right to procedural due process. 47 CS 492.