Sec. 46b-86. (Formerly Sec. 46-54). Modification of alimony or support orders and judgments. - Connecticut Statutes

      Sec. 46b-86. (Formerly Sec. 46-54). Modification of alimony or support orders and judgments. (a) Unless and to the extent that the decree precludes modification, the court may order either party to maintain life insurance for the other party or a minor child of the parties or any final order for the periodic payment of permanent alimony or support or an order for alimony or support pendente lite may at any time thereafter be continued, set aside, altered or modified by said court 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. 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 the court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as the result of such division. After the date of judgment, modification of any child support order issued before or after July 1, 1990, may be made upon a showing of such substantial change of circumstances, whether or not such change of circumstances was contemplated at the time of dissolution. By written agreement, stipulation or by decision of the court, those items or circumstances that were contemplated and are not to be changed may be specified in the written agreement, stipulation or decision of the court. This section shall not apply to assignments under section 46b-81 or to any assignment of the estate or a portion thereof of one party to the other party under prior law. No order for periodic payment of permanent alimony or support may be subject to retroactive modification, except that the court may order modification with respect to any period during which there is a pending motion for modification of an alimony or support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50.

      (b) In an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other, the Superior Court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.

      (c) When one of the parties, or a child of the parties, is receiving or has received aid or care from the state under its aid to families with dependent children program or temporary assistance for needy families program or under its foster care program as provided in Title IV-E of the Social Security Act, or where one of the parties has applied for child support enforcement services under Title IV-D of the Social Security Act as provided in section 17b-179, such motion to modify shall be filed with the Family Support Magistrate Division for determination in accordance with subsection (m) of section 46b-231.

      (P.A. 73-373, S. 23; P.A. 78-230, S. 39, 54; P.A. 86-359, S. 2, 44; P.A. 87-104; P.A. 89-360, S. 12, 45; P.A. 90-188, S. 1; 90-213, S. 46, 56; P.A. 91-76, S. 1, 7; June 18 Sp. Sess. P.A. 97-2, S. 105, 165; P.A. 01-135, S. 2, 3.)

      History: P.A. 78-230 added Subsec. (b) re changes in alimony when recipient is living with another person and changed circumstances alter recipient's financial needs; Sec. 46-54 transferred to Sec. 46b-86 in 1979 and internal reference to Sec. 46-51 revised to reflect its transfer; P.A. 86-359 added Subsec. (c) re referral of motion to modify to family support magistrate where one of parties or child is receiving or has received aid from AFDC program or foster care program or where one of parties has applied for child support enforcement services under Title IV-D; P.A. 87-104 provided that (1) after date of judgment, modification may be made upon showing of substantive change in circumstances, whether or not such change of circumstances was contemplated at the time of dissolution and (2) those items that were contemplated and are not to be changed may be specified in the written agreement, stipulation or decision of the court; P.A. 89-360 amended Subsec. (c) by changing "referred to" to "filed with" and added "determination in accordance with subsection (m) of section 46b-231"; P.A. 90-188 amended Subsec. (a) by adding provision permitting modification of child support order if it substantially deviates from the child support guidelines established under Sec. 46b-215a 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 added provision that modifications can be made pursuant to this section to support orders issued before or after July 1, 1990; P.A. 91-76 amended Subsec. (a) 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; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (c) to make technical and conforming changes re references to assistance programs, effective July 1, 1997; P.A. 01-135 amended Subsec. (a) by adding provision permitting court to order either party to maintain life insurance for other party or minor child of parties, effective July 1, 2001.

      See Sec. 17b-743 re direction that payments under support order be made to Commissioner of Administrative Services or local welfare department.

      Annotations to former section 46-54:

      Cited. 171 C. 215. Cited. 172 C. 11; Id., 192. Absent express legislative authorization, this section does not authorize retroactive modification of alimony. 173 C. 397. Cited. Id., 397. Questions involving modification of alimony and support depend not only on conditions as they exist at the time of the hearing but upon proof of substantial change in circumstances of either party. 174 C. 3. Payment of accrued arrears of alimony does not constitute a substantial change in circumstances as to justify modification downward of spouse's current alimony obligations. Id., 279. Cited. 176 C. 323. Cited. 183 C. 443.

      Cited. 15 CA 745.

      Any final order of alimony may be set aside unless and to the extent that the decree precludes modification upon a showing of a substantial change in the circumstances of either party. 32 CS 92. Modification of alimony. 33 CS 44. Cited. 34 CS 628. Cited. 43 CS 400.

      Annotations to present section:

      Cited. 179 C. 277; Id., 685. Future alimony orders are ordinarily subject to modification in the event of a substantial change of circumstances. 180 C. 211. Trial court erred in deciding that, as a matter of law, the loss of child support payments could not constitute a substantial change in circumstances permitting modification of alimony. Id., 218. Since some alimony was awarded (one dollar per year), with no preclusion of modification, a change can be obtained in the future if circumstances warrant. Id., 533. Cited. 181 C. 111. Cited. 183 C. 253. Cited. 185 C. 141. Cited. 186 C. 387. Cited. 187 C. 380. Cited. 188 C. 385. Cited. 190 C. 126; Id., 132. Cited. 191 C. 468. Cited. 194 C. 25. Cited. 200 C. 202. Cited. 204 C. 224. Cited. 210 C. 462. Cited. 211 C. 648. Cited. 213 C. 373. Cited. 214 C. 99. Cited. 216 C. 673. Cited. 218 C. 801. As amended applies retrospectively to orders entered prior to effective date. 219 C. 703. P.A. 90-188 cited. Id. P.A. 87-104 and P.A. 90-213, Sec. 46 cited. Id. P.A. 91-76 cited. Id. Cited. 220 C. 372. Cited. 221 C. 698. Cited. 224 C. 263. Cited. 227 C. 505. Cited. 228 C. 85; Id., 729. Cited. 231 C. 1. Cited. 234 C. 783. Cited. 236 C. 582. Payments that are made regularly and consistently to former spouse are to be considered by trial court in setting financial orders. There is no legal distinction between how to treat income between former spouse who pays support and former spouse who receives support. 262 C. 360.

      Cited. 1 CA 172; Id., 337. Cited. 2 CA 472. Cited. 3 CA 25. Continuing jurisdiction of superior court to set aside, alter or modify support orders under the statute does not deprive underlying adjudication of finality for purposes of res judicata. Id., 322. Cited. 9 CA 498. Cited. 13 CA 330. Cited. 14 CA 541. Cited. 15 CA 745. Cited. 16 CA 412. Cited. 18 CA 166; Id., 622. Cited. 19 CA 146. Cited. 22 CA 367. No authorization for retroactive modification of unallocated alimony and support pendente lite. 24 CA 219. Cited. 25 CA 555. Cited. 26 CA 737. Cited. 28 CA 208; Id., 483; Id., 632; Id., 794. Cited. 29 CA 368; Id., 436. Cited. 30 CA 324; Id., 516. Cited. 31 CA 40; Id., 561; Id., 761. Cited. 32 CA 147; Id., 733. Cited. 37 CA 194; Id., 397. Cited. 38 CA 349. Cited. 39 CA 258. Cited. 40 CA 298. Cited. 41 CA 861; judgment reversed, see 241 C. 490. Cited. 43 CA 541. Cited. 46 CA 87. Speculation as to future financial circumstances of parties is insufficient to support modification of alimony or support order. Party seeking modification has burden of proving substantial change in circumstances. 47 CA 354. Modification of alimony award based on party's cohabitation discussed re judgment that precluded modification for any reason other than remarriage or death. 49 CA 529. Section governs modification of child support order after date of a dissolution judgment. Regulations interpreted. 53 CA 1. Capital gains generated by asset distributed in the dissolution decree do not fall within purview of section. 70 CA 772. Award of alimony that is substantially modified, in discretion of Superior Court, and reflects de novo consideration by the court, after notice and hearing, of all relevant statutory criteria, is not abuse of trial court's discretion and is binding on appellate court absent a finding by appellate court of a clearly erroneous standard of review by trial court. 93 CA 186. Trial court did not improperly fail to reduce alimony award on basis of a substantial change in circumstances. 110 CA 57.

      Cited. 40 CS 250. Cited. 41 CS 110; Id., 429. Cited. 42 CS 562. Cited. 43 CS 400.

      Subsec. (a):

      Removal of children by custodial parent to foreign country did not constitute substantial change of circumstances so as to justify noncustodial parent withholding support payments. 177 C. 232. Cited. Id., 259. Portion of dissolution judgment which gave wife option to purchase husband's interest in jointly owned home was an assignment of property and not subject to modification. Exercise of option was contemplated by parties at time of judgment and does not constitute substantial change of circumstances warranting modification of alimony. 180 C. 285. Cited. 181 C. 145. Cited. 185 C. 7; Id., 42; Id., 573. Cited. 187 C. 464; Id., 537. Cited. 190 C. 784. Cited. 191 C. 447. Cited. 192 C. 443. Statute not designed to change common law and permit divorcing parents, by stipulation incorporated into divorce decree, to contractually limit their children's right to support. 196 C. 260. Amendment applied prospectively. 210 C. 462. Cited. 212 C. 117; Id., 441. Cited. 217 C. 394. Cited. 226 C. 219. Court concluded as a matter of common law rather than of statutory construction that alimony orders should be treated similarly to the way that child support orders are now required to be treated pursuant to P.A. 90-213, Sec. 46. Id., 505. P.A. 87-104 and P.A. 90-213 cited. Id. Cited. 235 C. 45. Cited. 237 C. 481. Appellate Court incorrectly found that trial court had no subject matter jurisdiction to modify an order under the statute. 247 C. 724. Defendant deemed to have waived claim for support modification by not claiming that trial court abused its discretion in unjustified deviation from child support guidelines in support order. 248 C. 487. Statute permits court to alter order for alimony only in absence of nonmodification clause that would extend to bar requested change. 285 C. 687.

      Cited. 1 CA 138; Id., 356; Id., 400. Cited. 2 CA 160; Id., 239. Cited. 3 CA 261. Cited. 4 CA 275; Id., 398; Id., 489; Id., 663. Cited. 5 CA 85; Id., 198; Id., 355. Cited. 6 CA 98. "In the absence of an express, unambiguous statement in the decree precluding modification", the statute permits modification under circumstances set forth. Id., 253. Cited. 7 CA 92; Id., 624; Id., 720. Cited. 8 CA 76; Id., 114; Id., 356. Cited. 10 CA 391; Id., 576. Cited. 12 CA 113; Id., 521; Id., 616. Cited. 13 CA 512; Id., 681. Cited. 14 CA 195. Cited. 16 CA 114; Id., 134; Id., 193. Cited. 19 CA 161; Id., 534. Cited. 21 CA 5. Cited. 23 CA 58. Cited. 24 CA 509. Cited. 25 CA 82; Id., 231; Id., 563. P.A. 90-188 cited. Id. Cited. Id., 595; Id., 693 Cited. 27 CA 724. Cited. 28 CA 854; judgment reversed, see 228 C. 85. Cited. 32 CA 465. Cited erroneously as Sec. 46a-86a. 34 CA 785; judgment reversed, see 235 C. 45. Cited. 35 CA 228. Cited. 36 CA 794. Cited. 37 CA 209. Cited. 39 CA 669. Cited. 41 CA 382; Id., 716. Cited. 44 CA 99. Cited. 45 CA 737. Cited. 46 CA 327. Cited. 49 CA 536. Trial court has authority to determine, sua sponte, whether an award is alimony or support, or a property settlement. 54 CA 142. Trial court may find that an obligation was intended as property settlement made pursuant to Sec. 46b-81 and therefore nonmodifiable pursuant to this Subsec., despite the fact that a judgment has conditions attached terminating the obligation, or that there is a later stipulation modifying the obligation. Id. Retroactive modification of alimony pendente lite orders by the pendente lite court prior to dissolution judgment held not improper. Id., 304. Child support award found not to be modifiable even though it exceeded presumptive amount set by the child support guidelines in case in which defendant's gross earnings did not increase and the parties had agreement that limited modification to a change in circumstances reflecting an increase in gross earnings in excess of a specified amount. 56 CA 459. Alimony may be suspended under statute where there is a distinct separation agreement. 59 CA 628. Statute deprives Superior Court of continuing jurisdiction over that portion of a dissolution judgment providing for assignment of property of one party to the other party under Sec. 46b-81. 70 CA 212. Court improperly applied the law and abused its discretion by modifying child support order without first finding that there was a substantial change in the circumstances of one of the parties. Id. "Pending motion" as used in subsec. means "remaining undecided". 88 CA 246. Plaintiff failed to demonstrate, as required by the consent to judgment, that defendant was gainfully employed and therefore there was no substantial change in circumstances. Trial court was effectively precluded from granting plaintiff any relief. 102 CA 1.

      Cited. 41 CS 100. Cited. 44 CS 431.

      Subsec. (b):

      Cited. 185 C. 42. Cited. 186 C. 167. Discussion of "living with another person" and "change of circumstances as to alter the financial needs". Id., 387 (Diss. Op.). Cited. 191 C. 328. Trial court cannot on its own initiative consider alimony termination under the statute. Notice required by a written motion. Id., 468. Cited. 192 C. 443. Cited. 237 C. 481. Despite a divorce dissolution judgment that provided for termination of alimony upon recipient's "cohabitation" with an unmarried male, trial court was properly guided by statute's requirement that there be a change in financial circumstance prior to termination of alimony. 247 C. 715. Plaintiff had to demonstrate that defendant's remarriage had a financial impact pursuant to the dissolution judgment, even though statute only references cohabitation; legislative intent has no bearing on whether parties or dissolution court can invoke statute for a different purpose in an agreement or decree. 276 C. 491.

      Without written notice the court has no authority to terminate periodic alimony under this statute. 1 CA 356, 361. Cited. 4 CA 165. Cited. 5 CA 198. Cited. 7 CA 92; Id., 361. Cited. 8 CA 356. Cited. 17 CA 291. Cited erroneously as Sec. 46b-86b. 32 CA 147. Cited. 40 CA 570. Cited. 41 CA 716. Cited. 46 CA 327. Judgment of dissolution provision supersedes statutory provision re payment of alimony. 47 CA 729. Although plaintiff established that defendant was cohabiting with another person, he failed to show that defendant's financial needs had been altered as a result of the cohabitation, thus trial court did not abuse its discretion in denying motion to modify or terminate periodic alimony. 67 CA 628. Once court finds cohabitation and a change in financial needs of the party receiving alimony and cohabitating, court must consider factors listed in Sec. 46b-82. 91 CA 840. Trial court properly rejected defendant's claim that his cohabitation with another woman served as a proper ground for modification of alimony as to term. 102 CA 90. When court, in setting alimony award pursuant to Sec. 46b-82, quantifies person's financial needs in terms of dollar amounts at time of dissolution, proper way for court to subsequently determine whether such person's financial needs have changed as a result of cohabiltation is to quantify such person's financial needs in terms of dollar amounts during period of cohabitation. 109 CA 316.

      Cited. 45 CS 94.

      Subsec. (c):

      Cited. 222 C. 799.