Sec. 46b-171. (Formerly Sec. 52-442). Judgment of court or family support magistrate. Support orders. Past-due support. Reopened judgment of paternity. - Connecticut Statutes

      Sec. 46b-171. (Formerly Sec. 52-442). Judgment of court or family support magistrate. Support orders. Past-due support. Reopened judgment of paternity. (a)(1)(A) If the defendant is found to be the father of the child, the court or family support magistrate shall order the defendant to stand charged with the support and maintenance of such child, with the assistance of the mother if such mother is financially able, 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, 17b-745, 46b-129, 46b-130 or 46b-215, to be reasonably commensurate with the financial ability of the defendant, and to pay a certain sum periodically until the child attains the age of eighteen years or as otherwise provided in this subsection. If such child is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first.

      (B) The court or family support magistrate shall order the defendant to pay such sum to the complainant, or, if a town or the state has paid such expense, to the town or the state, as the case may be, and shall grant execution for the same and costs of suit taxed as in other civil actions, together with a reasonable attorney's fee, and may require the defendant to become bound with sufficient surety to perform such orders for support and maintenance. In IV-D support cases, the IV-D agency or a support enforcement agency under cooperative agreement with the IV-D agency may, 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, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. 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. All payments made shall be distributed as required by Title IV-D of the Social Security Act.

      (2) In addition, 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. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision.

      (A) The provision for health care coverage 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 at a reasonable cost as described in subparagraph (D) of this subdivision. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.

      (B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order under clause (i) of this subparagraph shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.

      (C) An order for payment of the child's medical and dental expenses, other than those described in clause (ii) of subparagraph (E) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.

      (D) Health care coverage shall be deemed reasonable in cost if: (i) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a. If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.

      (E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in clauses (i) and (ii) of this subparagraph, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under clause (i) of this subparagraph shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order pursuant to clause (ii) of this subparagraph are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.

      (F) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.

      (3) The court or family support magistrate may also make and enforce orders for the payment by any person named herein of past-due support for which the defendant is liable in accordance with the provisions of section 17b-81, 17b-223, subsection (b) of section 17b-179, section 17a-90, 46b-129 or 46b-130 and, in IV-D cases, and 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. The defendant's liability for past-due support under this subdivision shall be limited to the three years next preceding the filing of the petition.

      (4) If the defendant fails to comply with any order made under this section, the court or family support magistrate may commit the defendant to a community correctional center, there to remain until the defendant complies therewith; but, if it appears that the mother does not apply the periodic allowance paid by the defendant toward the support of such child, and that such child is chargeable, or likely to become chargeable, to the town where it belongs, the court, on application, may discontinue such allowance to the mother, and may direct it to be paid to the selectmen of such town, for such support, and may issue execution in their favor for the same. The provisions of section 17b-743 shall apply to this section. The clerk of the court which has rendered judgment for the payment of money for the maintenance of any child under the provisions of this section shall, within twenty-four hours after such judgment has been rendered, notify the selectmen of the town where the child belongs.

      (5) Any support order made under this section may at any time thereafter be set aside, altered or modified by any court issuing such order upon a showing of a substantial change in the circumstances of the defendant or the mother of such child or upon a showing that such order 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. No such support orders 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 a modification of an existing support order from the date of service of the notice of such pending motion upon the opposing party pursuant to section 52-50.

      (6) Failure of the defendant to obey any order for support made under this section may be punished as for contempt of court and the costs of commitment of any person imprisoned therefor shall be paid by the state as in criminal cases.

      (b) Whenever the Superior Court or family support magistrate reopens a judgment of paternity entered pursuant to this section in which a person was found to be the father of a child who is or has been supported by the state and the court or family support magistrate finds that the person adjudicated the father is not the father of the child, the Department of Social Services shall refund to such person any money paid to the state by such person during the period such child was supported by the state.

      (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.

      (1949 Rev., S. 8180; 1957, P.A. 462, S. 1; 1959, P.A. 115, S. 3; 639, S. 1; 1969, P.A. 297; P.A. 89-360, S. 15, 42, 45; P.A. 90-188, S. 3; P.A. 91-76, S. 3, 7; P.A. 93-329, S. 11; June 18 Sp. Sess. P.A. 97-7, S. 22, 38; P.A. 99-279, S. 30, 45; May 9 Sp. Sess. P.A. 02-7, S. 43; P.A. 04-100, S. 2; P.A. 06-149, S. 12; P.A. 07-247, S. 11.)

      History: 1959 acts stipulated court order be for support as well as maintenance, made mother's assistance depend on whether she is financially able, confined time for payments to period before child reaches 18 years rather than for such time as court judges proper, substituted provision for expense of support and maintenance before judgment is rendered for nursing expenses to that time, making whole amount rather than half payable to complainant, specified cost of suit be taxed as in other civil actions, together with attorney's fee, deleted provisions that court direct payment to welfare commissioner and issue execution on same, substituting application of Sec. 17-323a, and specified that failure of defendant to obey order for support "may be punished as for contempt of court" and that "costs of commitment of any person imprisoned therefor shall be paid by the state as in criminal cases"; 1969 act substituted "community correctional center" for "jail"; Sec. 52-442 transferred to Sec. 46b-171 in 1979; P.A. 89-360 changed "guilty" to "to be the father of the child", added language re determination of financial ability of mother, changed "weekly" to "periodically", deleted determination and order for lying-in expense and authorized court to make and enforce orders for unpaid support contributions pursuant to Sec. 17-31i(b), 17-32, 17-82e, 17-295, 46b-129 or 46b-130 and added references to family support magistrates throughout section; P.A. 90-188 amended section 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. 91-76 added 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. 93-329 added Subsec. (b) re refund of money paid for support when judgment of paternity is reopened and person who was adjudicated the father of child who is or was supported by the state is found not to be the father of such child; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by adding provisions requiring support order to contain order for health care coverage in IV-D case and re order to person who is not incapacitated to participate in work activities and added Subsec. (c) re copy of order, modification or other determination to each party and to state case registry within 14 days after issuance, effective July 1, 1997; P.A. 99-279 amended Subsec. (a) by dividing it into six Subdivs., making technical changes and adding in Subdiv. (2) provisions re health care coverage under HUSKY Plan where coverage is unavailable at reasonable cost through a parent, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a)(2) by adding provision re enforcement of employment-based order using a National Medical Support Notice; 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; P.A. 06-149 amended Subsec. (a) to make technical changes and insert Subpara. designators (A) and (B) in Subdiv. (1), amended Subsec. (a)(1)(A) to delete "and residing with the custodial parent", amended Subsec. (a)(1)(B) to add provisions re redirection of payments and notice thereof and requiring payments to be distributed as required by Title IV-D of the Social Security Act, amended Subsec. (a)(2) to substitute exemption from insurance payment requirements for low-income obligors for prior exemption if premium payments would reduce amount of support required under child support guidelines, and amended Subsec. (a)(3) to provide that liability for past-due support shall be limited to 3 years next preceding the filing of petition, effective June 6, 2006; P.A. 07-247 amended Subsec. (a)(2) by inserting Subpara. designators (A) to (F), by specifying that court or family support magistrate may order either or both parents to provide health care coverage for the child, by specifying that either parent may be ordered to name a child as a beneficiary of any medical or dental insurance plan carried by or available to such parent at a reasonable cost, by describing reasonable cost re maintaining health care coverage, by deleting language that required applying for coverage under HUSKY Plan, Part B only if noncustodial parent had sufficient ability to pay the appropriate premium, by providing that court or family support magistrate may order either parent to provide for coverage under HUSKY Plan, Part B, or alternatively enter order for cash medical support as long as any such order was reasonable, by defining "cash medical support" and requirements related to entry of a cash medical support order and by making technical changes.

      See Sec. 46b-88 re National Medical Support Notice.

      Annotations to former section 52-442:

      Form of finding and judgment. 2 C. 157; 3 C. 585; 5 C. 426. "Maintenance" defined. 2 C. 157; 4 C. 567. Form of bond. 2 R. 497; 1 R. 230. Burial expenses of the child do not fall within "lying-in or nursing" expenses. 67 C. 345. Amount and duration of weekly payments rest in discretion of court; 93 C. 324; requiring payments until child is fourteen held reasonable. Id. Judgment for defendant in bastardy action held a bar to subsequent action for seduction brought by father of original plaintiff. 104 C. 592. Town may be third party beneficiary on bond given to mother. 128 C. 322. Order contemplated by sections 52-439a, 52-440 and this section is not only for the protection of the mother but also of the town. 143 C. 688. The amount and duration of the order for the support of the child is a matter within the sound discretion of the court. 147 C. 423. Does not confer jurisdiction over bastardy actions. 165 C. 33. Cited. 170 C. 367. Person adjudged the father may be charged the support of caretaker mother when necessary for proper maintenance of child. 175 C. 438.

      Cited. 20 CS 350. Cited. 34 CS 281. Cited. 35 CS 603. Assessment against father of full expense of supporting child until judgment without consideration of mother's financial ability does not constitute invidious discrimination based upon sex. Id., 628. Basis of father's liability for support of child's caretaker grandmother is the services performed for the benefit of the child. 36 CS 504.

      Cited. 2 Conn. Cir. Ct. 582. Cited. 3 Conn. Cir. Ct. 553, 554(fn). Evidence of photograph of child and blood test not necessary to prove paternity where defendant had been sole lover of plaintiff, previously virgin, and their admission held not harmful. 4 Conn. Cir. Ct. 713. This statute should be used to order support of child when defendant is adjudged father. 5 Conn. Cir. Ct. 484. Cited. Id., 578. Ascertainment of lying-in expenses is in sound discretion of court. Plaintiff not obliged to assist in paying lying-in expenses. 6 Conn. Cir. Ct. 22. Cited. Id., 520.

      Annotations to present section:

      Cited. 188 C. 354. Cited. 194 C. 52. Cited. 196 C. 407; Id., 413. Cited. 197 C. 87. Cited. 216 C. 85. Cited. 225 C. 185. Cited. 236 C. 582.

      Cited. 9 CA 327. Cited. 22 CA 583. Cited. 25 CA 563. P.A. 90-188 cited. Id. Unlike Sec. 46b-62, this section does not require court to consider specific statutory factors in fashioning awards, but merely requires that exercise of court's broad discretion be reasonable. 75 CA 625.

      Cited. 35 CS 679. Cited. 37 CS 745; Id., 885. Words "support and maintenance" as employed in statute encompass support for caretaker mother when necessary for proper maintenance of the child. 39 CS 485.