2005 Connecticut Code - 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 shall have authority to 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, a full-time high school student and residing with the custodial parent, 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 first occurs. Any court or family support magistrate called upon to make or enforce such an order, including one based upon a determination consented to by the relative, shall insure 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 which provision 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 on a group basis through an employer or a union. Any such employment-based order shall be enforced using a National Medical Support Notice as provided in section 46b-88. If such insurance coverage is unavailable at reasonable cost, the provision for health care coverage may include an order for either parent to apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B. The noncustodial parent shall be ordered to apply for the HUSKY Plan, Part B only if such parent is found to have sufficient ability to pay the appropriate premium. In any IV-D support case in which the noncustodial parent is found to have insufficient ability to provide medical insurance coverage and the custodial party is the HUSKY Plan, Part A or Part B applicant, the provision for health care coverage may include an order for the noncustodial parent to pay such amount as is specified by the court or family support magistrate to the state or the custodial party, as their interests may appear, to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B. In no event may such order include payment to offset the cost of any such premium if such payment would reduce the amount of current support required under the child support guidelines.

      (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 shall have the authority to 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. However, 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) Said court or family support magistrate shall also have authority to make and enforce orders for the payment by any person named herein of unpaid support contributions 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, to 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.

      (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 and arrearage 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) 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. 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.

      (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. The verified petition, summons and order shall be on forms prescribed by the Office of the Chief Court Administrator.

      (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.)

      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 twenty-one and children of a parent under sixty-five, substituted commissioner of finance and control for welfare commissioner and raised amount exempt from execution from twenty-five to fifty dollars per week; 1972 acts changed age of patients for which parent is liable from under twenty-one to under eighteen, 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 fifty dollars 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 Subsec. (b) of Sec. 17-31i; 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 sixty-five 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 fifteen per cent from child support guidelines is not substantial and any deviation of more than fifteen per cent 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 fourteen 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.

      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.

      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, 120.

      Cited. 34 CS 187, 189. Cited. 35 CS 603-605. Cited. 37 CS 566, 567; id., 745, 747, 749, 750. While defendant correctly interprets statute, Sec. 52-362a applies, allowing wage execution to be issued concurrently with a support order. Id., 840- 844. Cited. Id., 891, 895. Cited. 38 CS 503, 504.

      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. 4 Conn. Cir. Ct. 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. 4 Conn. Cir. Ct. 645.