Sec. 53-304. Nonsupport. Support orders and agreements. Administration of oaths by family relations counselors and support enforcement officers.
Sec. 53-304. Nonsupport. Support orders and agreements. Administration of
oaths by family relations counselors and support enforcement officers. (a) Any
person who neglects or refuses to furnish reasonably necessary support to the person's
spouse, child under the age of eighteen or parent under the age of sixty-five shall be
deemed guilty of nonsupport and shall be imprisoned not more than one year, unless
the person shows to the court before which the trial is had that, owing to physical incapacity or other good cause, the person is unable to furnish such support. The court may
suspend the execution of any community correctional center sentence imposed, upon
any terms or conditions that it deems just, may suspend the execution of the balance of
any such sentence in a like manner, and, in addition to any other sentence or in lieu
thereof, may order that the person convicted shall pay to the Commissioner of Administrative Services directly or through Support Enforcement Services of the Superior Court,
such support, in such amount as the court may find commensurate with the necessities
of the case and the ability of such person, for such period as the court shall determine.
Any such order of support may, at any time thereafter, be set aside or altered by the
court for cause shown. Failure of any defendant to make any payment may be punished
as contempt of court and, in addition thereto or in lieu thereof, the court may order the
issuance of a wage withholding in the same manner as is provided in section 17b-745,
which withholding order shall have the same precedence as is provided in section 52-362. The amounts withheld under such withholding order shall be remitted to the Department of Administrative Services by the person or corporation to whom the withholding
order is presented at such intervals as such withholding order directs. For the purposes
of this section, "child" includes one born out of wedlock whose father has acknowledged
in writing his paternity of such child or has been adjudged the father by a court of
competent jurisdiction.
(b) Any person who violates any provision of this section may be prosecuted before
any court of this state in the same manner as if such offense had been committed within
the territorial jurisdiction of such court.
(c) A written agreement to support or any modification of an agreement to support
filed with said court or the assistant clerk of the Family Support Magistrate Division
shall have the same force and effect as an order of support by the Superior Court and
shall be enforceable in the same manner as is provided herein for orders of support
issued by the court.
(d) Family relations counselors and support enforcement officers employed by the
Judicial Department may administer oaths in all affidavits, statements, complaints and
reports made to or by such family relations counselors and support enforcement officers
in the performance of their duties.
(1949 Rev., S. 8586; 1955, S. 3295d; 1957, P.A. 158; 1959, P.A. 115, S. 4; 308; 1963, P.A. 497; 1967, P.A. 746, S. 6;
1969, P.A. 297; 1971, P.A. 290; 1972, P.A. 127, S. 76; P.A. 74-183, S. 122, 291; P.A. 76-436, S. 512, 681; P.A. 78-331,
S. 33, 58; P.A. 80-56, S. 1, 2; P.A. 83-295, S. 18; P.A. 86-359, S. 37, 44; P.A. 90-213, S. 43, 56; P.A. 93-396, S. 11; P.A.
00-68, S. 6; P.A. 01-91, S. 27; P.A. 02-132, S. 28; P.A. 04-257, S. 82.)
History: 1959 acts provided bond may be executed to state treasurer and that provisions of Sec. 17-323a shall apply to
this section; 1963 act amended Subsec. (a) to provide person shall be deemed guilty of nonsupport instead of a felony,
deleted 1959 provision re section 17-323a and requirements re execution of bond when sentence suspended, provided for
payment through family relations division of circuit court, provisions in Subsec. (a) authorizing court to set aside or alter
support order, empowering court to act upon defendant's failure to make payments and defining "child" and added Subsec.
(c) re force and effect of agreements to support made with family relations division of circuit court; 1967 act limited support
obligation for children and parents to those under twenty-one and sixty-five, respectively; 1969 act substituted "community
correctional center" for "jail"; 1971 act changed wording of Subsec. (c), re modifications of agreements, for clarity and
deleted requirement that circuit court judge must approve agreements made between family relations division and relative
after "examination of such relative in court or in chambers" for provisions to apply; 1972 act changed applicable age of
children from 21 to 18 reflecting changed age of majority; P.A. 74-183 replaced family relations division with family
relations office and circuit court with court of common pleas, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, reflecting transfer of all trial jurisdiction
to superior court, effective July 1, 1978; P.A. 78-331 substituted "spouse" for "wife", removing unnecessary distinctions
as to sex; P.A. 80-56 added Subsec. (d) empowering family relations officers to administer oaths; P.A. 83-295 amended
Subsecs. (a) and (c) by replacing "family relations office" with "family services unit or support enforcement services unit"
and amended Subsec. (d) by replacing "family relations officers and assistant family relations officers" with "family
relations caseworkers and support enforcement officers"; P.A. 86-359 amended Subsec. (c) by changing "family services
unit or support enforcement services unit" to "family division" and adding "or the assistant clerk of the family support
magistrate division"; P.A. 90-213 changed office to which payments are to be made from the family services unit to the
commissioner of administrative services or through the support enforcement division and changed family services unit or
support enforcement services unit to the bureau of collection services in Subsec. (a), in Subsec. (c) changed family division
to support enforcement division and made technical change in Subsec. (d); P.A. 93-396 made technical changes, substituting
references to withholdings for references to executions; P.A. 00-68 amended Subsec. (a) to substitute "Department of
Administrative Services" for "bureau of collection services" and make technical changes for purposes of gender neutrality;
P.A. 01-91 changed "the Support Enforcement Division" to "Support Enforcement Services" in Subsecs. (a) and (d); P.A.
02-132 amended Subsec. (d) by replacing "family relations caseworkers" with "family relations counselors", deleting
references to "Family Division", "Support Enforcement Services" and "the Superior Court", adding provision re employed
by the Judicial Department and making a technical change; P.A. 04-257 made technical changes in Subsec. (a), effective
June 14, 2004.
See Sec. 46b-215 re obligation of relatives to furnish support.
See Sec. 46b-219 re child's freedom from obligation to support a parent who had earlier deserted the child.
See Sec. 51-348a re prosecution for nonsupport in geographical area of Superior Court.
Generally. 41 C. 433. Adultery of wife sufficient defense. 57 C. 539; 100 C. 731. What facts justify wife in leaving
husband; burden of proof. 91 C. 6. Venue of action is ordinarily place of husband's residence, since wife's residence
follows that of her husband. 93 C. 363. Payments set forth in bond for support must be met even though wife has not been
furnished help by town to whom bond was given. 94 C. 247. Husband's duty is to support wife at his residence but not
elsewhere. Id. Information in words of statute sufficient; measure of support varies with circumstances of parties. 99 C.
119; 100 C. 730. When wife's misconduct will relieve husband of this duty. Id., 731. Unjustifiable abandonment suspends
duty; facts held to warrant conclusion of unjustifiable abandonment. 107 C. 108. Recognizance is a sufficient bond within
the statute. 110 C. 171. Taking it directly to city instead of to treasurer does not invalidate it. Id. Former statute cited. Id.,
479. Wife must have adequate justification, in declining to live with husband, to entitle her to separate support; justification
is a question for each case on its own circumstances. 124 C. 382. Provision for prosecution in any court of state, held
constitutional. 129 C. 570. Husband entitled to show wife's conduct has forfeited any claim by her for support by him.
142 C. 377. Former statute cited. 152 C. 471(fn). Once a child reaches age eighteen, parents no longer have legal duty re
support. 168 C. 144. Cited. 196 C. 403. Cited. 216 C. 85.
Cited. 4 CS 144. Cited. 5 CS 225. Cited. 13 CS 268. While wife necessarily benefits, the purpose of the statute is to
protect the public purse. 14 CS 128. Cited. 15 CS 177. Existence of this section is not grounds for denying relief in an
equitable action for support. 16 CS 68. Cited. 34 CS 281; Id., 284. Cited. 35 CS 130, 133.
If husband and wife mutually assent to separate, husband not relieved of responsibility to support. 2 Conn. Cir. Ct. 218.
Where, in a case under this statute, defendant claims he was indigent so the court should have appointed counsel to him,
but the court could not question him as to his earnings, it is incumbent on him to persuade the court that he was entitled
to appointed counsel. 3 Conn. Cir. Ct. 624, 636. Legislative history discussed. 4 Conn. Cir. Ct. 544. Crime of nonsupport
does not require guilty or criminal intent. Id. Defendant could not himself move to modify support order made upon his
written agreement to contribute to support of his three minor children after he had been charged with crime of nonsupport.
6 Conn. Cir. Ct. 24.
Subsec. (a):
Cited. 234 C. 194.