2022 Connecticut General Statutes
Title 46b - Family Law
Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment
Section 46b-62. - Orders for payment of attorney's fees and fees of guardian ad litem in certain actions. Limitations on orders for payment of fees to counsel or guardian ad litem for a minor child. Methodology for calculating fees on sliding-scale basis.
(a) In any proceeding seeking relief under the provisions of this chapter and sections 17b-743, 17b-744, 45a-257b, 46b-1, 46b-6, 46b-301 to 46b-425, inclusive, 47-14g, 51-348a and 52-362, the court may order either spouse or, if such proceeding concerns the custody, care, education, visitation or support of a minor child, any parent to pay the reasonable attorney's fees of the other in accordance with their respective financial abilities and the criteria set forth in section 46b-82. If, in any proceeding under this chapter and said sections, the court appoints counsel or a guardian ad litem for a minor child, the court may order a parent or an intervening party, individually or in any combination, to pay the reasonable fees of such counsel or guardian ad litem or may order the payment of such counsel's or guardian ad litem's fees in whole or in part from the estate of the child. If the child is receiving or has received state aid or care, the compensation of such counsel or guardian ad litem shall be established and paid by the Public Defender Services Commission.
(b) If, in any proceeding under this chapter and sections 17b-743, 17b-744, 45a-257b, 46b-1, 46b-6, 46b-301 to 46b-425, inclusive, 47-14g, 51-348a and 52-362, the court appoints counsel or a guardian ad litem for a minor child, the court may not order a parent or an intervening party, individually or in any combination, to pay the reasonable fees of such counsel or guardian ad litem from a college savings account, including any account established pursuant to any qualified tuition program, as defined in Section 529(b) of the Internal Revenue Code, that has been established for the benefit of the minor child. If the court determines that a parent or an intervening party does not have the ability to pay such reasonable fees, the court shall not order that such reasonable fees be paid by such persons through the use of a credit card. In addition, any order for the payment of such reasonable fees shall be limited to income or assets that are not exempt property under sections 52-352a and 52-352b.
(c) In any proceeding under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 46b-301 to 46b-425, inclusive, 47-14g, 51-348a and 52-362, in which the court appoints counsel or a guardian ad litem for a minor child, the court may order that the fees to be paid to such counsel or guardian ad litem be calculated on a sliding-scale basis after giving due consideration to the income and assets of the parties to the proceeding.
(d) The Judicial Branch shall develop and implement a methodology for calculating, on a sliding-scale basis, the fees owing to counsel or a guardian ad litem for a minor child appointed in any proceeding under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 46b-301 to 46b-425, inclusive, 47-14g, 51-348a and 52-362.
(P.A. 73-373, S. 27; P.A. 78-230, S. 44, 54; P.A. 86-264, S. 16; P.A. 88-41; June 18 Sp. Sess. P.A. 97-1, S. 54, 75; P.A. 07-159, S. 1; P.A. 11-51, S. 14; 11-214, S. 7; P.A. 14-3, S. 5; P.A. 15-71, S. 81; P.A. 21-15, S. 115.)
History: P.A. 78-230 rephrased provisions and deleted reference to Sec. 46-5h; Sec. 46-59 transferred to Sec. 46b-62 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 86-264 eliminated maximum compensation of $100 for attorney if child is or has received state aid or care and added provision that such compensation be established by, and paid from funds appropriated to, the judicial department; P.A. 88-41 authorized the court to order either parent to pay the reasonable attorney's fees of the other if the proceeding concerns the custody, care, education, visitation or support of a minor child and to order an intervening party individually or in any combination with the father and mother to pay the reasonable fees of an attorney appointed by the court for a minor child; June 18 Sp. Sess. P.A. 97-1 made a technical change, effective January 1, 1998; P.A. 07-159 replaced provision re reasonable compensation of attorney established by, and paid from funds appropriated to, Judicial Department with provision re compensation of attorney established and paid by Commission on Child Protection, effective July 1, 2007; P.A. 11-51 substituted “Public Defender Services Commission” for “Commission on Child Protection”, effective July 1, 2011; P.A. 11-214 substituted reference to Sec. 46b-213w for reference to Sec. 46b-213v; P.A. 14-3 designated existing provisions as Subsec. (a) and amended same by substituting references to counsel or a guardian ad litem for references to attorney, added Subsec. (b) re limitations on court's authority to order payment of fees to counsel or guardian ad litem for minor child, added Subsec. (c) re court may order that fees payable to counsel or guardian ad litem for minor child be calculated on a sliding-scale basis, and added Subsec. (d) re Judicial Branch to develop and implement methodology for calculation of fees on a sliding-scale basis; P.A. 15-71 replaced references to Secs. 46b-212 to 46b-213w with references to Secs. 46b-301 to 46b-425, effective July 1, 2015; P.A. 21-15 amended Subsecs. (a) and (b) by replacing references to Sec. 45a-257 with references to Sec. 45a-257b, replacing “either parent” with “any parent” in Subsec. (a) and making technical changes, effective January 1, 2022.
