State Codes and Statutes
Statutes > Connecticut > Title46b > Chap816 > Sec46b-231Sec. 46b-231. Definitions. Family Support Magistrate Division. Family support magistrates; appointment, salaries, powers and duties. Orders. Appeal. Attorney General; duties re actions for support. Department of Social Services; powers. (a) Short title: Family Support Magistrate's Act. This section shall be known and may be cited as the "Family Support Magistrate's Act".
(b) Definitions. For the purposes of this section:
(1) "Chief Family Support Magistrate" means the family support magistrate designated by the Chief Court Administrator as provided in subsection (g) of this section;
(2) "Child support enforcement services" means the services provided by the IV-D agency or an agency under cooperative or purchase of service agreement therewith pursuant to Title IV-D of the Social Security Act, including, but not limited to, location; establishment of paternity; establishment, modification and enforcement of child and medical support orders and the collection and distribution of support payments;
(3) "Commissioner" means the Commissioner of Social Services or a designee or authorized representative;
(4) "Bureau of Child Support Enforcement" means a division within the Department of Social Services established pursuant to section 17b-179;
(5) "Department" means the Department of Social Services or any bureau, division or agency of the Department of Social Services;
(6) "Family Support Magistrate Division" means a division of the Superior Court created by this section for the purpose of establishing and enforcing child and spousal support in IV-D cases and in cases brought pursuant to sections 46b-212 to 46b-213v, inclusive, utilizing quasi-judicial proceedings;
(7) "Family support magistrate" means a person, appointed as provided in subsection (f) of this section to establish and enforce child and spousal support orders;
(8) "Foster care cases" are cases in which children are receiving foster care under part I of chapter 319a or part I of chapter 815t, but does not include cases in which children reside in detention facilities, forestry camps, training schools or other facilities operated primarily for the detention of children adjudicated as delinquent;
(9) "Law" includes both common and statute law;
(10) "Obligee" means any person to whom a duty of support is owed;
(11) "Obligor" means any person owing a duty of support;
(12) "IV-D agency" means the Bureau of Child Support Enforcement within the Department of Social Services, created by section 17b-179 and authorized to administer the child support program mandated by Title IV-D of the Social Security Act;
(13) "IV-D support cases" are those in which the IV-D agency is providing child support enforcement services under Title IV-D of the Social Security Act, including all foster care cases referred to the Bureau of Child Support Enforcement under section 46b-130; and
(14) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and parent with whom the child is living, which provides for monetary support, health care, arrearages or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.
(c) Remedies. The remedies herein provided are in addition to and not in substitution for any other remedy.
(d) Family Support Magistrate Division established. There is created the Family Support Magistrate Division of the Superior Court for the purpose of the impartial administration of child and spousal support.
(e) Family Support Advisory Committee established. Repealed by P.A. 91-190, S. 8, 9.
(f) Magistrates. The Family Support Magistrate Division shall include nine family support magistrates who shall be appointed by the Governor to serve in that capacity for a term of three years. A family support magistrate may be reappointed upon completion of his term of office by the Governor. To be eligible for appointment, a family support magistrate must have engaged in the practice of law for five years prior to his appointment and shall be experienced in the field of family law. He shall devote full time to his duties as a family support magistrate and shall not engage in the private practice of law. A family support magistrate may be removed from office by the Governor for cause.
(g) Chief magistrate. A Chief Family Support Magistrate shall be designated by the Chief Court Administrator of the Superior Court from among the nine family support magistrates appointed by the Governor pursuant to subsection (f) of this section. Under the direction of the Chief Court Administrator, the Chief Family Support Magistrate shall supervise the Family Support Magistrate Division and submit an annual report to the Chief Court Administrator and perform such other duties as provided in this section.
(h) Salaries of chief magistrate and magistrates. (1) On and after April 1, 2002, the Chief Family Support Magistrate shall receive a salary of one hundred eight thousand eight hundred twenty-one dollars, and other family support magistrates shall receive an annual salary of one hundred three thousand five hundred sixty-nine dollars.
(2) On and after January 1, 2005, the Chief Family Support Magistrate shall receive a salary of one hundred fourteen thousand eight hundred six dollars, and other family support magistrates shall receive an annual salary of one hundred nine thousand two hundred sixty-five dollars.
(3) On and after January 1, 2006, the Chief Family Support Magistrate shall receive a salary of one hundred twenty-one thousand one hundred twenty dollars, and other family support magistrates shall receive an annual salary of one hundred fifteen thousand two hundred seventy-five dollars.
(4) On and after January 1, 2007, the Chief Family Support Magistrate shall receive a salary of one hundred twenty-seven thousand seven hundred eighty-two dollars, and other family support magistrates shall receive an annual salary of one hundred twenty-one thousand six hundred fifteen dollars.
(i) Retirement and disability coverage. (1) Family support magistrates shall be included under the provisions of chapters 65 and 66 regarding retirement and disability of state employees. Each such individual shall receive full retirement credit for each year or portion thereof for which retirement benefits are paid while serving as a family support magistrate.
(2) Any family support magistrate may elect to be included within the provisions of sections 51-49, 51-49a, 51-49b, 51-49c, 51-49d, 51-49h, 51-50a and 51-50b, or to continue to be subject to the provisions of subdivision (1) of this subsection. Any family support magistrate who has so elected may revoke such election and elect to be included in the provisions of chapters 65 and 66 regarding retirement and disability of state employees. Thereupon any payments transferred from the State Employees Retirement Fund to the Judges, Family Support Magistrates and Compensation Commissioners Retirement Fund shall be transferred from the Judges, Family Support Magistrates and Compensation Commissioners Retirement Fund to the State Employees Retirement Fund.
(j) Assistant clerks and other employees. The Chief Court Administrator shall designate assistant clerks for the Family Support Magistrate Division to serve in judicial districts created pursuant to section 51-344 and such other assistant clerks and other employees as may be necessary for the operation of the Family Support Magistrate Division. The administrative judge for each judicial district may also assign clerks or administrative clerks for the judicial district to serve as assistant clerks or administrative clerks in his judicial district for the Family Support Magistrate Division.
(k) Hearings to be recorded. The Chief Court Administrator shall arrange for the recording of all hearings before the family support magistrate by contract or otherwise.
(l) Rules of procedure to be adopted. The judges of the Superior Court shall adopt rules of procedure in accordance with the provisions of section 51-14 for the handling by magistrates of IV-D support cases and in cases brought pursuant to sections 46b-212 to 46b-213v, inclusive. Such rules of procedure shall conform when applicable to rules adopted for the Superior Court.
(m) Magistrates' powers and duties. The Chief Family Support Magistrate and the family support magistrates shall have the powers and duties enumerated in this subsection.
(1) A family support magistrate in IV-D support cases may compel the attendance of witnesses or the obligor under a summons issued pursuant to sections 17b-745, 46b-172 and 46b-215, a subpoena issued pursuant to section 52-143, or a citation for failure to obey an order of a family support magistrate or a judge of the Superior Court. If a person is served with any such summons, subpoena or citation issued by a family support magistrate or the assistant clerk of the Family Support Magistrate Division and fails to appear, a family support magistrate may issue a capias mittimus directed to a proper officer to arrest the obligor or the witness and bring him before a family support magistrate. Whenever such a capias mittimus is ordered, the family support magistrate shall establish a recognizance to the state of Connecticut in the form of a bond of such character and amount as to assure the appearance of the obligor at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. If the obligor posts such a bond, and thereafter fails to appear before the family support magistrate at the time and place he is ordered to appear, the family support magistrate may order the bond forfeited, and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.
(2) Family support magistrates shall hear and determine matters involving child and spousal support in IV-D support cases including petitions for support brought pursuant to sections 17b-81, 17b-179, 17b-745 and 46b-215; applications for show cause orders in IV-D support cases brought pursuant to subsection (b) of section 46b-172, and actions for interstate enforcement of child and spousal support and paternity under sections 46b-212 to 46b-213v, inclusive, and shall hear and determine all motions for modifications of child and spousal support in such cases. In all IV-D support cases, family support magistrates shall have the authority to order any obligor who is subject to a plan for reimbursement of past-due support and 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. A family support magistrate shall not modify an order for periodic payment on an arrearage due the state for state assistance which has been discontinued to increase such payments, unless the family support magistrate first determines that the state has made a reasonable effort to notify the current recipient of child support, at the most current address available to the IV-D agency, of the pendency of the motion to increase such periodic arrearage payments and of the time and place of the hearing on such motion. If such recipient appears, either personally or through a representative, at such hearing, the family support magistrate shall determine whether the order in effect for child support is reasonable in relation to the current financial circumstances of the parties, prior to modifying an order increasing such periodic arrearage payments.
(3) Family support magistrates shall review and approve or modify all agreements for support in IV-D support cases filed with the Family Support Magistrate Division in accordance with sections 17b-179, 17b-745, 46b-172, 46b-215 and subsection (c) of section 53-304.
(4) Motions for modification of existing child and spousal support orders entered by the Superior Court in IV-D support cases, including motions to modify existing child and spousal support orders entered in actions brought pursuant to chapter 815j, shall be brought in the Family Support Magistrate Division and decided by a family support magistrate. Family support magistrates, in deciding if a spousal or child support order should be modified, shall make such determination based upon the criteria set forth in sections 46b-84 and 46b-215b. A person who is aggrieved by a decision of a family support magistrate modifying a Superior Court order is entitled to appeal such decision in accordance with the provisions of subsection (n) of this section.
(5) Proceedings to establish paternity in IV-D support cases shall be filed in the family support magistrate division for the judicial district where the mother or putative father resides. The matter shall be heard and determined by a family support magistrate in accordance with the provisions of chapter 815y.
(6) Agreements for support obtained in IV-D support cases shall be filed with the assistant clerk of the family support magistrate division for the judicial district where the mother or the father of the child resides, pursuant to subsection (b) of section 46b-172, and shall become effective as an order upon filing with the clerk. Such support agreements shall be reviewed by a family support magistrate who shall approve or disapprove the agreement. If the support agreement filed with the clerk is disapproved by a family support magistrate, such disapproval shall have a retroactive effect.
(7) Family support magistrates shall enforce orders for child and spousal support entered by such family support magistrate and by the Superior Court in IV-D support cases by citing an obligor for contempt. Family support magistrates, in IV-D support cases, may order any obligor who is subject to a plan for reimbursement of past-due support and 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. Family support magistrates shall also enforce income withholding orders entered pursuant to section 52-362, including any additional amounts to be applied toward liquidation of any arrearage, as required under subsection (e) of said section. Family support magistrates may require the obligor to furnish recognizance to the state of Connecticut in the form of a cash deposit or bond of such character and in such amount as the Family Support Magistrate Division deems proper to assure appearance at the next regular session of the Family Support Magistrate Division in the judicial district in which the matter is pending. Upon failure of the obligor to post such bond, the family support magistrate may refer the obligor to a community correctional center until he has complied with such order, provided the obligor shall be heard at the next regular session of the Family Support Magistrate Division in the court to which he was summoned. If no regular session is held within seven days of such referral, the family support magistrate shall either cause a special session of the Family Support Magistrate Division to be convened, or the obligor shall be heard by a Superior Court judge in the judicial district in which the matter is pending. If the obligor fails to appear before the family support magistrate at the time and place he is ordered to appear, the family support magistrate may order the bond, if any, forfeited, and the proceeds thereof distributed as required by Title IV-D of the Social Security Act, and the family support magistrate may issue a capias mittimus for the arrest of the obligor, ordering him to appear before the family support magistrate. A family support magistrate may determine whether or not an obligor is in contempt of the order of the Superior Court or of a family support magistrate and may make such orders as are provided by law to enforce a support obligation, except that if the family support magistrate determines that incarceration of an obligor for failure to obey a support order may be indicated, the family support magistrate shall inform the obligor of his right to be represented by an attorney and his right to a court-appointed attorney to represent him if he is indigent. If the obligor claims he is indigent and desires an attorney to represent him, the family support magistrate shall conduct a hearing to determine if the obligor is indigent. If, after such hearing, the family support magistrate finds that the obligor is indigent, the family support magistrate shall appoint an attorney to represent the obligor.
(8) Agreements between parties as to custody and visitation of minor children in IV-D support cases may be filed with the assistant clerk of the Family Support Magistrate Division. Such agreements shall be reviewed by a family support magistrate, who shall approve the agreement unless he finds such agreement is not in the best interests of the child. Agreements between parties as to custody and visitation in IV-D support cases shall be enforced in the same manner as agreements for support are enforced, pursuant to subdivision (7) of this subsection.
(9) Whenever an obligor is before a family support magistrate in proceedings to establish, modify or enforce a support order in a IV-D support case and such order is not secured by an income withholding order, the family support magistrate may require the obligor to execute a bond or post other security sufficient to perform such order for support, provided the family support magistrate finds that such a bond is available for purchase within the financial means of the obligor. Upon failure of such obligor to comply with such support order, the family support magistrate may order the bond or the security forfeited and the proceeds thereof distributed as required by Title IV-D of the Social Security Act.
(10) In any proceeding in the Family Support Magistrate Division, if the family support magistrate finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process, the family support magistrate shall waive such fee or fees and the cost of service of process shall be paid by the state.
(11) A family support magistrate may dismiss any action or proceeding which the family support magistrate may hear and determine.
(12) A family support magistrate may order parties to participate in the parenting education program in accordance with the provisions of section 46b-69b.
(13) Family support magistrates may issue writs of habeas corpus ad testificandum in IV-D support cases for persons in the custody of the Commissioner of Correction.
(n) Appeal procedure. (1) A person who is aggrieved by a final decision of a family support magistrate is entitled to judicial review by way of appeal under this section.
(2) Proceedings for such appeal shall be instituted by filing a petition in superior court for the judicial district in which the decision of the family support magistrate was rendered not later than fourteen days after filing of the final decision with an assistant clerk assigned to the Family Support Magistrate Division or, if a rehearing is requested, not later than fourteen days after filing of the notice of the decision thereon. In a IV-D support case, such petitions shall be accompanied by a certification that copies of the petition have been served upon the IV-D agency as defined in subsection (b) of this section and all parties of record. Service upon the IV-D agency may be made by the appellant mailing a copy of the petition by certified mail to the office of the Attorney General in Hartford.
(3) Within fourteen days after the filing of the petition, or within such further time as may be allowed by the court, the Family Support Magistrate Division shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding appealed from, which shall include the decision of the family support magistrate. The court may require or permit subsequent corrections or additions to the record.
(4) The aggrieved party shall file with his appeal a statement that no transcript is required for the purpose of determining the issues raised on appeal or a statement that he has ordered a transcript. A transcript may be filed by any party to an appeal and shall be filed within thirty days from the filing of said appeal unless the time for filing such transcript is extended by order of the Superior Court or the family support magistrate. Costs of preparing the transcript shall be paid by the party ordering the preparation of the transcript.
(5) If, before the date set for hearing, application is made to the Superior Court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the family support magistrate, the Superior Court may permit additional evidence be taken before it upon conditions determined by the court.
(6) The appeal shall be conducted by the Superior Court without a jury and shall be confined to the record and such additional evidence as the Superior Court has permitted to be introduced. The Superior Court, upon request, shall hear oral argument and receive written briefs.
(7) The Superior Court may affirm the decision of the family support magistrate or remand the case for further proceedings. The Superior Court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the decision of the family support magistrate is: (A) In violation of constitutional or statutory provisions; (B) in excess of the statutory authority of the family support magistrate; (C) made upon unlawful procedure; (D) affected by other error of law; (E) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(8) Any order entered by the court pursuant to an appeal under this subsection may be retroactive to the date of the original order entered by the family support magistrate.
(9) Upon all such appeals which are denied, costs may be taxed in favor of the prevailing party at the discretion of the Superior Court, but no costs shall be taxed against the state.
(10) In any case in which any party claims that he cannot pay the costs of an appeal or defending an appeal under this section, he shall, within the time permitted for filing the appeal, or the time permitted for filing of a transcript of testimony if preparation of such transcript is required, file with the clerk of the superior court to which the appeal is to be taken an application for waiver of payment of such fees, costs and necessary expenses. The application shall conform to rules adopted pursuant to section 51-14. After such hearing as the Superior Court determines is necessary, the Superior Court shall enter its judgment on the application, which judgment shall contain a statement of the facts the Superior Court has found, with its conclusions thereon. The filing of the application for the waiver shall toll the time limits for the filing of an appeal until such time as a judgment on such application is entered.
(o) Appeals to Appellate and Supreme Courts. Upon final determination of any appeal from a decision of a family support magistrate by the Superior Court, there shall be no right to further review except to the Appellate Court. The procedure on such appeal to the Appellate Court shall, except as otherwise provided herein, be in accordance with the procedures provided by rule or law for the appeal of judgments rendered by the Superior Court unless modified by rule of the judges of the Appellate Court. There shall be no right to further review except to the Supreme Court pursuant to the provisions of section 51-197f.
(p) Order of support continued during appeal or until changed by further order. The filing of an appeal from a decision of a family support magistrate does not affect the order of support of a family support magistrate, but it shall continue in effect until the appeal is decided, and thereafter, unless denied, until changed by further order of a family support magistrate or the Superior Court.
(q) Order issued by Superior Court supersedes previous orders. When an order for child or spousal support has been entered against an obligor by the Superior Court in an action originating in the Superior Court, such order shall supersede any previous order for child or spousal support against such obligor entered by a family support magistrate and shall also supersede any previous agreement for support executed by such obligor and filed with the Family Support Magistrate Division.
(r) Force and effect of order for support. Garnishment provision. Orders for support entered by a family support magistrate shall have the same force and effect as orders of the Superior Court, except where otherwise provided in sections 17b-81, 17b-93, 17b-179, 17b-743, 17b-744, 17b-745 and 17b-746, subsection (a) of section 46b-55, sections 46b-59a, 46b-86 and 46b-172, this chapter, subsection (b) of section 51-348, section 52-362, subsection (a) of section 52-362d, subsection (a) of section 52-362e and subsection (c) of section 53-304, and shall be considered orders of the Superior Court for the purpose of establishing and enforcing support orders of the family support magistrate, as provided in sections 17b-81, 17b-93, 17b-179, 17b-745, 52-362, 52-362d, 52-362e and 53-304, except as otherwise provided in this section. All orders for support issued by family support magistrates in any matter before a magistrate shall contain an order for withholding to enforce such orders as set forth in section 52-362.
(s) Duties of support enforcement officers. Support enforcement officers of Support Enforcement Services of the Superior Court shall:
(1) Supervise the payment of any child or spousal support order made by a family support magistrate. Supervision of such orders is defined as the utilization of all procedures available by law to collect child or spousal support, or enforce medical support including (A) issuance and implementation of income withholdings ordered by the Superior Court or a family support magistrate pursuant to section 52-362, (B) issuance of an order requiring any party to appear before a family support magistrate on an action to modify a support order pursuant to subdivision (4) of this subsection, (C) issuance of a capias mittimus directed to a proper officer to arrest an obligor or witness and bring such obligor or witness before a family support magistrate if such obligor or witness is served with a summons, subpoena, citation or order to appear issued by a family support magistrate, the assistant clerk of the Family Support Magistrate Division or a support enforcement officer and fails to appear, (D) if necessary, bringing an application for contempt to a family support magistrate and, in connection with such application, issuing an order requiring the obligor to appear before a family support magistrate to show cause why such obligor should not be held in contempt for failure to pay an order for child or spousal support entered by the Superior Court or a family support magistrate, and (E) issuance of a National Medical Support Notice in accordance with section 46b-88;
(2) In non-TANF cases, have the authority to bring petitions for support orders pursuant to section 46b-215, file agreements for support with the assistant clerk of the Family Support Magistrate Division, and bring applications for show cause orders pursuant to section 46b-172, and in IV-D support cases and cases under sections 46b-212 to 46b-213w, inclusive, enforce foreign support orders registered with the Family Support Magistrate Division pursuant to sections 46b-213f to 46b-213i, inclusive, and file agreements for support with the assistant clerk of the Family Support Magistrate Division;
(3) In connection with any order or agreement entered by, or filed with, the Family Support Magistrate Division, or any order entered by the Superior Court in a IV-D support case, upon order, investigate the financial situation of the parties and report findings to the family support magistrate regarding: (A) Any pending motion to modify such order or agreement; or (B) any request or application for modification of such order or agreement made by an obligee;
(4) Review child support orders (A) in non-TANF IV-D support cases (i) at the request of either parent or custodial party subject to a support order, or (ii) upon receipt of information indicating a substantial change in circumstances of any party to the support order, (B) in TANF cases, at the request of the Bureau of Child Support Enforcement, or (C) as necessary to comply with federal requirements for the child support enforcement program mandated by Title IV-D of the Social Security Act, and initiate an action before a family support magistrate to modify such support order if it is determined upon such review that the order substantially deviates from the child support guidelines established pursuant to section 46b-215a or 46b-215b. A requesting party under subparagraph (A)(i) or (B) of this subdivision shall have a right to such review every three years without proving a substantial change in circumstances, but more frequent reviews shall be made only if such requesting party demonstrates a substantial change in circumstances. 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 determining whether to modify a child support order based on a substantial deviation from such child support guidelines, consideration shall be given to the division of real and personal property between the parties set forth in any final decree entered pursuant to chapter 815j and the benefits accruing to the child as the result of such division. No order for periodic payment of support may be subject to retroactive modification, except that the family support magistrate may order modification with respect to any period during which there is a pending motion for modification of a support order from the date of service of notice of such pending motion to the opposing party pursuant to section 52-50.
(t) Duties of Attorney General. The Attorney General shall:
(1) Represent the interest of the state in all actions for child or spousal support in all cases in which the state is furnishing or has furnished aid or care to one of the parties to the action or a child of one of the parties;
(2) In interstate support enforcement under sections 46b-212 to 46b-213v, inclusive, provide necessary legal services on behalf of the support enforcement agency in providing services to a petitioner;
(3) Represent the IV-D agency in providing support enforcement services in non-TANF IV-D support cases pursuant to sections 17b-179, 17b-745 and 46b-215.
(u) Powers of Department of Social Services. (1) The Department of Social Services may in IV-D cases (A) bring petitions for support orders pursuant to section 46b-215, (B) obtain acknowledgments of paternity, (C) bring applications for show cause orders pursuant to section 46b-172, (D) file agreements for support with the assistant clerk of the Family Support Magistrate Division, (E) issue withholding orders entered by the Superior Court or a family support magistrate in accordance with subsection (b) of section 52-362, and (F) upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, for distribution in accordance with Title IV-D of the Social Security Act, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice, and provided further that any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice.
(2) The Department of Social Services shall provide notice not less than once every three years to the parents subject to a support order in a IV-D case informing the parents of their right to request a review under subdivision (4) of subsection (s) of this section.
(P.A. 86-359, S. 1, 44; 86-403, S. 113, 114, 132; P.A. 87-316, S. 7; P.A. 89-195, S. 1; 89-302, S. 5, 7; 89-360, S. 9- 11, 45; P.A. 90-132; 90-189; 90-213, S. 34, 56; P.A. 91-76, S. 6, 7; 91-190, S. 8, 9; P.A. 92-226, S. 3, 28; May Sp. Sess. P.A. 92-16, S. 86, 89; P.A. 93-187, S. 5; 93-262, S. 1, 87; 93-329, S. 8; 93-396, S. 5; 93-435, S. 59, 95; P.A. 95-191, S. 1, 4; 95-310, S. 3, 9; P.A. 97-252; June 18 Sp. Sess. P.A. 97-1, S. 67, 75; June 18 Sp. Sess. P.A. 97-2, S. 108, 165; June 18 Sp. Sess. P.A. 97-7, S. 26, 36, 38; July 21 Sp. Sess. P.A. 97-1, S. 6, 8; P.A. 98-197, S. 3, 8; P.A. 99-193, S. 11, 12, 16; June Sp. Sess. P.A. 99-1, S. 38, 51; P.A. 00-231, S. 9, 10; P.A. 01-91, S. 17; P.A. 03-89, S. 5; P.A. 04-100, S. 6, 7; May Sp. Sess. P.A. 04-2, S. 10; P.A. 05-288, S. 158, 159; P.A. 06-149, S. 20-23; P.A. 07-247, S. 61.)
History: P.A. 86-403 made technical changes in Subsecs. (f) and (m); P.A. 87-316 amended Subsec. (m)(6) to permit family support magistrate to require bond to assure appearance at next regular session of superior court for the judicial district for family matters, to refer obligor, upon failure to post bond, to superior court which may remand obligor to community correctional center until he has complied with order and to order bond, if any, forfeited; P.A. 89-195 amended Subsecs. (m)(1) by adding provision re establishment of bond whenever capias mittimus is ordered and forfeiture of such bond and (m)(6) by changing reference to session of the superior court of the judicial district for family matters to session of the family support magistrate division in the judicial district in which the matter is pending, changing "refund" to "remand" and adding provision re payment of proceeds of forfeited bonds and added Subsec. (m)(8) re authority of magistrate to require performance bond or sufficient security to enforce support order and forfeiture of bond or security; P.A. 89-302 amended Subsec. (r) by changing "garnishment" to "withholding"; P.A. 89-360 amended Subsec. (f) by increasing number of family support magistrates from six to seven, amended Subsec. (h) by increasing salary of chief family support magistrate from $59,325 to $69,325 and increasing salary of other family support magistrates from $55,020 to $65,020 and reiterated changes made by P.A. 89-195 in Subsec. (m); P.A. 90-132 added Subsec. (s)(4) re review of child support orders in non-AFDC IV-D cases at the request of either parent or the bureau of child support enforcement and initiation of an action to modify such order if the order substantially deviates form guidelines; P.A. 90-189 amended Subsec. (m)(2) re procedure for modification of order of periodic payment of arrearage due state for discontinued state assistance to increase such payments; P.A. 90-213 changed the name of the family division to the support enforcement division in Subsec. (a)(8), changed Connecticut child support enforcement bureau to the support enforcement division in Subsec. (a)(15), increased the number of family support magistrates from seven to nine in Subsec. (f), specified in Subsec. (g) that the chief family support magistrate shall be designated from among the eight appointments by the governor to correspond to increase of magistrates in Subsec. (f), changed family relations counselors, caseworkers of the family division to support enforcement officers of the support enforcement division in Subdiv. (s) and made technical changes in Subsec. (l), (m), (s) and (t); P.A. 91-76 amended Subsec. (s)(4) by adding provision re rebuttable presumption that deviation of less than 15% from child support guidelines is not substantial and any deviation of more than 15% is substantial and permitting modification of support order without regard to whether order issued before on or after May 9, 1991; P.A. 91-190 repealed Subsec. (e) re establishment of family support advisory committee; P.A. 92-226 added Subsec. (i)(2), designating existing provision as Subdiv. (1); May Sp. Sess. P.A. 92-16 added Subsec. (h)(2) increasing the salaries of magistrates; P.A. 93-187 added Subsec. (m)(10) (codified as Subdiv. (11)) re authority to dismiss any action or proceeding; P.A. 93-262 and P.A. 93-435 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-329 added Subsec. (m)(10) permitting magistrate to waive fees and cost of service of process if he finds party is indigent; P.A. 93-396 deleted definition of "family division" and redefined "IV-D support cases" to include reference to human resources department [sic] in Subsec. (a), renumbering Subdivs. as necessary, in Subsec. (g) increased number of family support magistrates from eight to nine and deleted reference to family support advisory committee, in Subsec. (s) added a provision providing that support enforcement officers shall have the authority to file agreements for support in lieu of obtaining acknowledgments of paternity, added Subdiv. (5) re review and modification of child support orders and added Subsec. (u) allowing department to bring petitions for support orders, obtain acknowledgments of paternity, bring applications for show cause orders and file agreements for support; P.A. 95-191 amended Subsec. (h) by deleting provisions re salary on and after July 1, 1989, and adding provisions re salary increases on and after July 1, 1995, and July 1, 1996, effective July 1, 1995; P.A. 95-310 amended Subsec. (s)(1) by adding issuance of wage withholdings, bringing application for contempt and issuance of order requiring appearance of obligor in connection with such application, effective January 1, 1996 (Revisor's note: (1) References in Subsecs. (a)(13) and (j) to "Child Support Bureau" and "Family Magistrate Division" were replaced editorially by the Revisors with "Child Support Enforcement Bureau" and "Family Support Magistrate Division" for consistency with customary statutory usage; (2) a reference in Subsec. (b)(13) to section "17-578" and references in Subsecs. (m)(2), (m)(3), (r) and (t)(3) to section "17b-731" were all changed editorially by the Revisors to "17b-179" to correct clerical errors in the preparation of title 17b); P.A. 97-252 amended Subsec. (i)(2) by deleting provision re holding office on June 22, 1992, and by adding provision re revocation of election to be included in judges retirement system and election to be included in state employees retirement system; June 18 Sp. Sess. P.A. 97-1 made technical changes and added references to Secs. 46b-212 to 46b-213v, inclusive, effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 replaced references to "AFDC" with references to "TANF", effective July 1, 1997 (Revisor's note: In codifying this act the Revisors omitted two new, but void, Subdivs. numbered (4) and (5) which were added to Subsec. (h) by Sec. 7 of vetoed public act 97-294); June 18 Sp. Sess. P.A. 97-7 amended Subsec. (b) by deleting definition of "AFDC cases", amending definitions of "chief family support magistrate", "child support enforcement services", and "IV-D support cases", and adding definition of "support order", amended Subsec. (m)(2) by adding provision re order to participate in work activities, (m)(4) by deleting requirement that modifications of support orders be subject to approval and modification of Superior Court judge, (m)(5) by deleting provision re demand for trial by jury, (m)(6)by deleting provision re acknowledgments of paternity, application by mother for IV-D services and putative father, (m)(7) by adding provisions re authority of magistrates in IV-D cases to order participation of obligor to participate in work activities and enforce income withholding order including additional amounts to be applied toward liquidation of arrearage and (m)(9) by deleting provision re wage garnishment and added Subsec. (m)(12) re authority of family support magistrates to order participation in parenting education program in accordance with Sec. 46b-69b, amended Subsec. (s)(4) by adding provision in re right of review of support orders in IV-D cases every three years and more frequently if demonstrate substantial change in circumstances and deleted Subsec. (s)(5), and added new Subsec. (u)(2) re notice by Department of Social Services not less than once every three years of right to review support order in IV-D cases, effective July 1, 1997; July 21 Sp. Sess. P.A. 97-1 amended Subsec. (h) by deleting provisions re salary on and after January 1, 1993, and July 1, 1995, and by adding provisions re salary increases on and after October 1, 1997, and October 1, 1998, effective July 23, 1997; P.A. 98-197 amended Subsec. (h) by deleting provision re salary increases on and after July 1, 1996, designating existing Subdivs. (2) and (3) as Subdivs. (1) and (2), and adding new Subdiv. (3) increasing salary of Chief Family Support Magistrate to $81,952 and salary of other family support magistrates to $76,863, on and after October 1, 1999, effective July 1, 1998; P.A. 99-193 amended Subsec. (b)(4) by changing "Connecticut Child Support Enforcement Bureau" to "Bureau of Child Support Enforcement", redefined "foster care cases" in Subsec. (b)(8) and "IV-D support cases" in (b)(13) and made technical changes in Subsec. (b)(3) and (12), effective July 1, 1999, and amended Subsec. (s)(!) by adding provision re income withholdings ordered by the Superior Court and by making a technical change; June Sp. Sess. P.A. 99-1 added Subsec. (h)(4) and (5) re salary increases, effective July 1, 1999; P.A. 00-231 deleted Subsec. (h)(1) to (3), inclusive, renumbering Subdivs. (4) and (5) as (1) and (2), respectively, and adding new Subdiv. (3) re salary increases for Chief Family Support Magistrate, and other family support magistrates on and after April 1, 2002, effective January 3, 2001; P.A. 01-91 amended Subsec. (s)(1) by changing "the Support Enforcement Division" to "Support Enforcement Services", permitting support enforcement officers to issue order requiring party to appear before magistrate on action to modify support order, made a technical change in Subsec. (s)(3) and added "or custodial party" in Subsec. (s)(4); P.A. 03-89 aded Subsec. (u)(1)(E) authorizing Department of Social Services to issue withholding orders entered by Superior Court or family support magistrate; P.A. 04-100 amended Subsec. (m) by making technical changes and adding Subdiv. (13) re issuance of writs of habeas corpus ad testificandum and amended Subsec. (s)(1) by adding provision re issuance of capias mittimus, added provisions in Subsec. (s)(4) re review of child support orders upon receipt of information indicating substantial change in circumstances or as necessary to comply with federal requirements and made technical and conforming changes; May Sp. Sess. P.A. 04-2 amended Subsec. (h) by deleting former Subdivs. (1) and (2) re salaries on and after April 1, 2000, and 2001, redesignating existing Subdiv. (3) re salaries on and after April 1, 2002, as new Subdiv. (1) and adding new Subdivs. (2) to (4) re salary increases for Chief Family Support Magistrate and other family support magistrates on and after January 1, 2005, 2006 and 2007, effective January 1, 2005; P.A. 05-288 made technical changes in Subsec. (m)(1) and (4), effective July 13, 2005; P.A. 06-149 amended Subsec. (m)(1), (7) and (9) to substitute "distributed as required by Title IV-D of the Social Security Act" for "paid to the state in TANF cases or the obligee in non-TANF cases", and made technical changes in Subsec. (m)(7), and, effective June 6, 2006, added Subsec. (u)(1)(F) re redirection of payments and notice thereof; P.A. 07-247 amended Subsec. (s)(1) by adding "or enforce medical support" and adding Subpara. (E) re issuance of National Medical Support Notice in accordance with Sec. 46b-88, and amended Subsec. (s)(2) by replacing reference to Sec. 46b-213v with reference to Sec. 46b-213w.
See Sec. 52-56(d) re execution or service of capias mittimus in any precinct by state marshal of any precinct.
Cited. 31 CA 114. Cited. 46 CA 1. Although Subsec. (q) authorizes Superior Court to intervene in a matter pending before family support magistrate, Superior Court does not have authority to vacate orders issued by family support magistrate in the absence of notice to the affected parties or an appeal filed pursuant to Subsec. (n). 103 CA 276.
Cited. 42 CS 126; Id., 562.
Subsec. (b):
Subdiv. (15) cited. 213 C. 373.
Cited. 52 CA 431.
Subsec. (d):
Cited. 222 C. 799.
Subsec. (f):
Cited. 222 C. 799.
Subsec. (m):
Subdiv. (4) cited. 213 C. 373. Cited. 222 C. 799.
Subdiv. (7) cited. 37 CA 105. Subdiv (5) cited re right to jury trial. 52 CA 431.
Court has continuing power to enforce premajority support orders when child reaches age of majority. 45 CS 169.
Subsec. (n):
Cited. 213 C. 373. Cited. 222 C. 799. Cited. 229 C. 178.
Cited. 36 CA 138. Subdiv. (2): Court declined to address defendant's claim that section is unconstitutional. " ... party cannot seek the relief provided in an ordinance or statute and later in the same proceeding raise the question of its constitutionality." 41 CA 803. Cited. Id., 803. Cited. 52 CA 431. Subdiv. (1): State's appeal to Superior Court was premature because there was no appealable final decision since family support magistrate had not yet rendered decision on motion to open or on child's standing to file the motion. 78 CA 848. Court was within its discretion to deny plaintiff's motion to introduce evidence relevant only to the original child support order in 1996 when the matter before the court concerned a later period. 83 CA 398.
Cited. 44 CS 145.
Subsec. (o):
Cited. 229 C. 178.
Cited. 36 CA 138.
Subsec. (s):
Support enforcement services have statutory authority to assist defendant in seeking enforcement of support order. 286 C. 291.
Subsec. (t):
State has statutory authority to provide legal services to support enforcement services. 286 C. 291.
Subdiv. (2) cited. 36 CA 138. Subdiv. (3) cited. 41 CA 803.
Duties imposed by section upon Attorney General and in Sec. 17b-179 upon Commissioner of Social Services provide standing for Department of Social Services in a probate appeal. 47 CS 42.
