Sec. 46b-172. (Formerly Sec. 52-442a). Acknowledgment of paternity and agreement to support; judgment. Review of acknowledgment of paternity. - Connecticut Statutes

      Sec. 46b-172. (Formerly Sec. 52-442a). Acknowledgment of paternity and agreement to support; judgment. Review of acknowledgment of paternity. (a)(1) In lieu of or in conclusion of proceedings under section 46b-160, a written acknowledgment of paternity executed and sworn to by the putative father of the child when accompanied by (A) an attested waiver of the right to a blood test, the right to a trial and the right to an attorney, and (B) a written affirmation of paternity executed and sworn to by the mother of the child shall have the same force and effect as a judgment of the Superior Court. It shall be considered a legal finding of paternity without requiring or permitting judicial ratification, and shall be binding on the person executing the same whether such person is an adult or a minor, subject to subdivision (2) of this subsection. Such acknowledgment shall not be binding unless, prior to the signing of any affirmation or acknowledgment of paternity, the mother and the putative father are given oral and written notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing such affirmation or acknowledgment. The notice to the mother shall include, but shall not be limited to, notice that the affirmation of paternity may result in rights of custody and visitation, as well as a duty of support, in the person named as father. The notice to the putative father shall include, but not be limited to, notice that such father has the right to contest paternity, including the right to appointment of counsel, a genetic test to determine paternity and a trial by the Superior Court or a family support magistrate and that acknowledgment of paternity will make such father liable for the financial support of the child until the child's eighteenth birthday. In addition, the notice shall inform the mother and the father that DNA testing may be able to establish paternity with a high degree of accuracy and may, under certain circumstances, be available at state expense. The notices shall also explain the right to rescind the acknowledgment, as set forth in subdivision (2) of this subsection, including the address where such notice of rescission should be sent, and shall explain that the acknowledgment cannot be challenged after sixty days, except in court upon a showing of fraud, duress or material mistake of fact.

      (2) The mother and the acknowledged father shall have the right to rescind such affirmation or acknowledgment in writing within the earlier of (A) sixty days, or (B) the date of an agreement to support such child approved in accordance with subsection (b) of this section or an order of support for such child entered in a proceeding under subsection (c) of this section. An acknowledgment executed in accordance with subdivision (1) of this subsection may be challenged in court or before a family support magistrate after the rescission period only on the basis of fraud, duress or material mistake of fact which may include evidence that he is not the father, with the burden of proof upon the challenger. During the pendency of any such challenge, any responsibilities arising from such acknowledgment shall continue except for good cause shown.

      (3) All written notices, waivers, affirmations and acknowledgments required under subdivision (1) of this subsection, and rescissions authorized under subdivision (2) of this subsection, shall be on forms prescribed by the Department of Public Health, provided such acknowledgment form includes the minimum requirements specified by the Secretary of the United States Department of Health and Human Services. All acknowledgments and rescissions executed in accordance with this subsection shall be filed in the paternity registry established and maintained by the Department of Public Health under section 19a-42a.

      (4) An acknowledgment of paternity signed in any other state according to its procedures shall be given full faith and credit by this state.

      (b) (1) An agreement to support the child by payment of a periodic sum until the child attains the age of eighteen years or as otherwise provided in this subsection, together with provisions for reimbursement for past-due support based upon ability to pay in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130, and reasonable expense of prosecution of the petition, when filed with and approved by a judge of the Superior Court, or in IV-D support cases and matters brought under sections 46b-212 to 46b-213v, inclusive, a family support magistrate at any time, shall have the same force and effect, retroactively or prospectively in accordance with the terms of said agreement, as an order of support entered by the court, and shall be enforceable and subject to modification in the same manner as is provided by law for orders of the court in such cases. 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.

      (2) Past-due support in such cases shall be limited to the three years next preceding the date of the filing of such agreements to support.

      (3) Payments under such agreement shall be made to the petitioner, except that in IV-D support cases, as defined in subsection (b) of section 46b-231, payments shall be made to the Bureau of Child Support Enforcement or its designated agency and distributed as required by Title IV-D of the Social Security Act. 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.

      (4) Such written agreements to support shall be sworn to, and shall be binding on the person executing the same whether he is an adult or a minor.

      (c) (1) At any time after the signing of any acknowledgment of paternity, upon the application of any interested party, the court or any judge thereof or any family support magistrate in IV-D support cases and in matters brought under sections 46b-212 to 46b-213v, inclusive, shall cause a summons, signed by such judge or family support magistrate, by the clerk of the court or by a commissioner of the Superior Court, to be issued, requiring the acknowledged father to appear in court at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons, to show cause why the court or the family support magistrate assigned to the judicial district in IV-D support cases should not enter judgment for support of the child by payment of a periodic sum until the child attains the age of eighteen years or as otherwise provided in this subsection, together with provision for reimbursement for past-due support based upon ability to pay in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130, a provision for health coverage of the child as required by section 46b-215, and reasonable expense of the action under 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.

      (2) Past-due support in such cases shall be limited to the three years next preceding the filing of a petition pursuant to this section. Such court or family support magistrate, in IV-D support cases, may also order the acknowledged father 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.

      (3) Proceedings to obtain such orders of support shall be commenced by the service of such summons on the acknowledged father. A state marshal or proper officer shall make due return of process to the court not less than twenty-one days before the date assigned for hearing.

      (4) The prior judgment as to paternity shall be res judicata as to that issue for all paternity acknowledgments filed with the court on or after March 1, 1981, but before July 1, 1997, and shall not be reconsidered by the court unless the person seeking review of the acknowledgment petitions the superior court for the judicial district having venue for a hearing on the issue of paternity within three years of such judgment. In addition to such review, if the acknowledgment of paternity was filed prior to March 1, 1981, the acknowledgment of paternity may be reviewed by denying the allegation of paternity in response to the initial petition for support, whenever it is filed.

      (5) All payments under this subsection shall be made to the petitioner, except that in IV-D support cases, as defined in subsection (b) of section 46b-231, payments shall be made to the state, acting by and through the IV-D agency and distributed as required by Title IV-D of the Social Security Act. 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.

      (d) Whenever a petition is filed for review of an acknowledgment of paternity of a child who is or has been supported by the state, and review of such acknowledgment of paternity is granted by the court pursuant to subsection (c) of this section, and upon review, the court or family support magistrate finds that the petitioner is not the father of the child, the Department of Social Services shall refund to the petitioner any money paid by the petitioner to the state during any period such child was supported by the state.

      (e) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, a copy of any support order established pursuant to this section shall be provided to each party and the state case registry within fourteen days after issuance of such order or determination.

      (February, 1965, P.A. 406, S. 5; 1971, P.A. 439, S. 3; P.A. 74-183, S. 111, 291; P.A. 75-406, S. 7, 11; P.A. 76-436, S. 501, 681; P.A. 81-274; P.A. 82-6; P.A. 86-359, S. 40, 44; P.A. 89-360, S. 43, 45; P.A. 90-213, S. 20, 56; P.A. 91-391, S. 4; P.A. 93-187, S. 3; 93-262, S. 1, 87; 93-329, S. 12; 93-396, S. 17; 93-435, S. 59, 95; June 18 Sp. Sess. P.A. 97-1, S. 58, 75; June 18 Sp. Sess. P.A. 97-7, S. 23, 38; P.A. 99-193, S. 7, 16; P.A. 00-99, S. 94, 154; P.A. 01-195, S. 42, 181; P.A. 04-100, S. 3; P.A. 06-149, S. 13; P.A. 07-247, S. 12, 13.)

      History: 1971 act added provisions re affirmation of paternity executed and sworn to by child's mother, required that payments be made through family relations division of circuit court and added Subsec. (b); P.A. 74-183 replaced circuit court with court of common pleas, "circuit" with "county" and family relations division with family relations office, effective December 31, 1974; P.A. 75-406 replaced "county" with "geographical area"; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 52-442a transferred to Sec. 46b-172 in 1979 and reference to Sec. 52-435a revised to reflect its transfer; P.A. 81-274 amended Subsec. (b) to provide that the acknowledgment of paternity will not act as res judicata if the person seeking review of the acknowledgment petitions the court for a new trial; P.A. 82-6 amended Subsec. (b) by replacing the provision that allowed a person seeking review of the acknowledgment to petition for a "new trial under the provisions of section 52-270" and with a provision allowing a person to petition for a hearing on the issue of paternity within three years of the judgment or of October 1, 1982, whichever is later; P.A. 86-359 substituted "judicial district" for "geographical area" in Subsecs. (a) and (b) and added references to actions taken by family support magistrates in IV-D support cases; P.A. 89-360 changed "weekly" to "periodic", deleted provision re reimbursement for lying-in expense, added provision re reimbursement for past due support based on ability to pay in accordance with Sec. 17-31i(b), Sec. 17-32, 17-82e, 17-295, 46b-129 or 46b-130 and added provision re limitation of past due support to three years next preceding date of filing of such agreements to support; P.A. 90-213 in Subsecs. (a) and (b) deleted requirement that payments made under agreements shall be made to the family relations office with requirement that such payments shall be made to the petitioner or to the bureau of collection services; P.A. 91-391 amended Subsec. (a) by adding requirement that acknowledgment of paternity be accompanied by attested waiver of right to blood test, right to trial and right to an attorney and amended Subsec. (b) by adding provision that prior judgment of paternity shall be res judicata for paternity acknowledgments filed on or after March 1, 1981, and if acknowledgment was filed prior to March 1, 1981, acknowledgment may be reviewed by denying allegation of paternity in response to initial petition for support; P.A. 93-187 made technical changes re commencement of paternity proceedings, summons and service of process; 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. (c) re refund to petitioner of money paid by the petitioner to the state during period child supported by state where acknowledgment of paternity is reviewed and court finds petitioner is not father of the child; P.A. 93-396 made technical changes; June 18 Sp. Sess. P.A. 97-1 made technical changes, effective January 1, 1998; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by designating certain provisions as Subdiv. (1) and adding provisions in Subdivs. (1) and in new Subdiv. (2) that written acknowledgment accompanied by waiver of blood test and written affirmation of paternity shall be considered legal finding without judicial ratification and binding if have notice re consequences, right of putative father to contest paternity, right to rescind acknowledgment, and that acknowledgment cannot be challenged after 60 days, except upon showing of fraud, duress or material mistake in fact, adding Subdiv. (3) re names, waivers, affirmations, acknowledgments and rescissions on forms prescribed by Department of Health and filed in paternity registry maintained by department, and by adding Subdiv. (4) re full faith and credit to acknowledgment of paternity signed in another state, designated certain provisions formerly contained in Subsec. (a) as Subsec. (b), redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d), amended Subsec. (c) to provide authority to court in IV-D cases to order acknowledged father to participate in work activities, added Subsec. (e) re support order in IV-D cases to be provided to parties and filed in state case registry and made technical changes throughout section, effective July 1, 1997; P.A. 99-193 amended Subsec. (a)(1) by deleting provision re filing affirmation of paternity with the Superior Court for the judicial district in which the mother or putative father resides and by making technical changes, effective July 1, 1999; P.A. 00-99 replaced reference in Subsec. (c) to sheriff with state marshal, effective December 1, 2000; P.A. 01-195 made technical changes in Subsec. (c) for purposes of gender neutrality, effective July 11, 2001; P.A. 04-100 amended Subsecs. (b) and (c) by adding provisions 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 Subsecs. (b) and (c) to insert Subdiv. designators and make technical changes, amended Subsecs. (b)(1) and (c)(1) to delete "and residing with the custodial parent", amended Subsecs. (b)(3) and (c)(5) 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, and amended Subsec. (c)(2) to limit liability for past-due support to three years next preceding the filing of a petition, effective June 6, 2006 (Revisor's note: In Subsec. (b)(3), the words "obligor nor the oblige" were changed editorially by the Revisors to "obligor nor the obligee" for consistency); P.A. 07-247 amended Subsecs. (b)(4) and (c)(3) by deleting requirement that agreements and applications, summonses and orders, respectively, be "on forms prescribed by the Office of the Chief Court Administrator".

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

      Annotations to former section 52-442a:

      Requirement that admission of paternity be sworn to in proceedings under this statute does not affect actions under section 17-324. Historical context of section in state policy re illegitimate child reviewed. 156 C. 199. Cited. 165 C. 33.

      Former statute cited. 24 CS 77. Cited. 34 CS 281. Cited. 35 CS 628. Cited. 38 CS 91.

      Annotations to present section:

      Cited. 180 C. 114. Cited. 188 C. 354. Cited. 204 C. 760. Cited. 236 C. 582.

      Cited. 3 CA 322. Cited. 14 CA 487. Cited. 19 CA 76. Cited. 25 CA 155. Cited. 31 CA 114.

      Cited. 37 CS 745. Provisions of this section are unconstitutional which prevent putative father who has signed an acknowledgment of paternity from litigating that issue in a proceeding to determine child support obligations. Id., 891. Cited. 38 CS 534. Cited. 40 CS 6.

      Subsec. (b):

      Cited. 3 CA 235.