Conn. Gen. Stat. § 46b-231

Current with legislation from the 2023 Regular and Special Sessions.

Section 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) This section shall be known and may be cited as the "Family Support Magistrate's Act".

(b) 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 parentage; 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) "Office of Child Support Services" 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-301 to 46b-425, 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" means 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" means both statutory and common 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 Office of Child Support Services within the Department of Social Services, established pursuant to 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" means cases in which the IV-D agency is providing child support enforcement services under Title IV-D of the Social Security Act pursuant to (A) an application under subsection (h) of section 17b-179, or (B) referral of a (i) temporary family assistance case under section 17b-112, which for the purposes of this section may be referred to as "TFA", (ii) a Medicaid case under section 17b-261, or (iii) a foster care case 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 or another state's administrative agency 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 of the 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) The remedies herein provided are in addition to and not in substitution for any other remedy.

(d) 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) Repealed by P.A. 91-190, S. 8, 9.

(f)

(1)

(A) The Family Support Magistrate Division shall include nine family support magistrates who shall, (i) prior to January 1, 2017, be appointed by the Governor to serve in that capacity for a term of three years, and (ii) on and after January 1, 2017, be nominated by the Governor and appointed by the General Assembly to serve in that capacity for a term of five years, except that each family support magistrate serving on December 31, 2016, shall continue to serve in that capacity on and after January 1, 2017, until the expiration of such magistrate's three-year term, unless removed from office pursuant to this subsection. A family support magistrate may be nominated by the Governor for reappointment. If a family support magistrate continues to serve after the expiration of such three-year term and such family support magistrate is nominated by the Governor for reappointment, the family support magistrate's five-year term shall begin on the date that the General Assembly approves the nomination for reappointment pursuant to subdivision (3) of this subsection.

(B) To be eligible for nomination as a family support magistrate, a person shall have engaged in the practice of law for five years prior to appointment and be experienced in the field of family law. The family support magistrate shall devote full time to the duties of 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 and is subject to admonishment, censure, suspension and removal from office as provided in chapter 872a.

(2) Each nomination made by the Governor to the General Assembly for a family support magistrate shall be referred, without debate, to the committee on the judiciary, which shall report thereon within thirty legislative days from the time of reference, but not later than seven legislative days before the adjourning of the General Assembly.

(3) Each appointment of a family support magistrate shall be by concurrent resolution. The action on the passage of each such resolution in the House of Representatives and in the Senate shall be by vote taken on the electrical roll-call device. No resolution shall contain the name of more than one nominee. The Governor shall, within five days after the Governor has notice that any family support magistrate nomination has failed to be approved by the affirmative concurrent action of both houses of the General Assembly, make another nomination to such office.

(4) Notwithstanding the provisions of section 4-19, no vacancy in the position of a family support magistrate shall be filled by the Governor when the General Assembly is not in session unless, prior to such filling, the Governor submits the name of the proposed vacancy appointee to the committee on the judiciary. Within forty-five days, the committee on the judiciary may, upon the call of either chairperson, hold a special meeting for the purpose of approving or disapproving such proposed vacancy appointee by majority vote. The Governor shall not administer the oath of office to such proposed vacancy appointee until the committee has approved such proposed vacancy appointee. If the committee determines that it cannot complete its investigation and act on such proposed vacancy appointee within such forty-five-day period, it may extend such period by an additional fifteen days. The committee shall notify the Governor in writing of any such extension. Failure of the committee to act on such proposed vacancy appointee within such forty-five-day period or any fifteen-day extension period shall be deemed to be an approval.

(5) Prior to a public hearing on a family support magistrate, the committee on the judiciary may employ a person to investigate, at the request of the chairpersons of said committee, any family support magistrate nominee with respect to the suitability of such nominee for magisterial office. Such investigator shall report his or her findings to said committee and any such report shall be confidential and shall not be subject to public disclosure. Such person shall receive such compensation as may be fixed by the Joint Committee on Legislative Management for each day such person is engaged in his or her duties as an investigator.

(g) 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 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 perform such other duties as provided in this section.

(h)

(1) On and after July 1, 2022, the Chief Family Support Magistrate shall receive a salary of one hundred sixty-four thousand nine hundred thirty-two dollars, and other family support magistrates shall receive an annual salary of one hundred fifty-six thousand nine hundred seventy-three dollars.

(2) On and after July 1, 2023, the Chief Family Support Magistrate shall receive a salary of one hundred sixty-nine thousand eight hundred eighty dollars, and other family support magistrates shall receive an annual salary of one hundred sixty-one thousand six hundred eighty-two dollars.

(3) On and after July 1, 2024, the Chief Family Support Magistrate shall receive a salary of one hundred seventy-four thousand nine hundred seventy-six dollars, and other family support magistrates shall receive an annual salary of one hundred sixty-six thousand five hundred thirty-three dollars.

(i)

(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 administrative law judges Retirement Fund shall be transferred from the Judges, Family Support Magistrates and administrative law judges Retirement Fund to the State Employees Retirement Fund.

(j) 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) The Chief Court Administrator shall arrange for the recording of all hearings before the family support magistrate by contract or otherwise.

(l) 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-301 to 46b-425, inclusive. Such rules of procedure shall conform when applicable to rules adopted for the Superior Court.

(m) 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 section 17b-745, 46b-172 or 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 judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest the obligor or the witness and bring the obligor or witness 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 the obligor 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)

(A) 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 (a) of section 46b-172, , and actions for interstate enforcement of child and spousal support and parentage under sections 46b-301 to 46b-425, inclusive, and shall hear and determine all motions for modifications of child and spousal support in such cases.

(B) 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.

(C) 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 disapprove 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) Venue for proceedings to establish parentage in IV-D support cases shall be in accordance with the provisions of subsection (e) of section 46b-461. 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 a parent of the child resides, pursuant to subsection (a) 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, the reason for disapproval shall be stated in the record and such disapproval shall have a retroactive effect. Upon such disapproval, the clerk shall schedule a hearing for the purpose of determining appropriate support amounts and shall notify all appearing parties of the hearing date.

(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)

(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) 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) 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) 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) 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, 46b-55, , 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) Support enforcement officers of Support Enforcement Services of the Superior Court shall:

(1) Supervise the payment of any child or spousal support order in IV-D support cases and cases under sections 46b-301 to 46b-425, inclusive. 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, (E) issuance of a National Medical Support Notice in accordance with section 46b-88, and (F) taking of acknowledgements of parties to agreements incident to the duties under subdivision (4) of this subsection;

(2) In non-TFA 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-301 to 46b-425, inclusive, enforce foreign support orders registered with the Family Support Magistrate Division pursuant to sections 46b-364 to 46b-372, 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-TFA 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 TFA cases, at the request of the Office of Child Support Services, 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. 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 ; and

(5) In proceedings before the Family Support Magistrate Division under the Uniform Interstate Family Support Act (A) perform clerical, administrative and other nonjudicial functions on behalf of the Family Support Magistrate Division; (B) maintain a registry of support orders and judgments; and (C) assist the IV-D agency in performing its functions under sections 46b-398 to 46b-410, inclusive.

(t) 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-301 to 46b-425, inclusive, provide necessary legal services on behalf of the support enforcement agency in providing services to a petitioner; and

(3) Represent the IV-D agency in providing support enforcement services in non-TFA IV-D support cases pursuant to sections 17b-179, 17b-745 and 46b-215.

(u)

(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 parentage, (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.

Conn. Gen. Stat. § 46b-231

(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 ; P.A. 11-214 , S. 23 -28; 11-219 , S. 7 , 8 , 15 , 16 ; P.A. 13-247 , S. 241 ; P.A. 15-71 , S. 89 ; June Sp. Sess. P.A. 15-5 , S. 461 ; P.A. 16-13 , S. 13 -15; 16-211 , S. 1 ; May Sp. Sess. P.A. 16-3 , S. 91 ; P.A. 17-99 , S. 5 ; June Sp. Sess. P.A. 17-2 , S. 256 ; P.A. 18-75 , S. 6 .)

Amended by P.A. 23-0204, S. 83 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 22-0037, S. 26 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.

Amended by P.A. 22-0037, S. 25 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.

Amended by P.A. 22-0118, S. 133 of the Connecticut Acts of the 2022 Regular Session, eff. 7/1/2022.

Amended by P.A. 22-0026, S. 13 of the Connecticut Acts of the 2022 Regular Session, eff. 5/10/2022.

Amended by P.A. 21-0015, SS.  137 of the Connecticut Acts of the 2021 Regular Session, 138 of the Connecticut Acts of the 2021 Regular Session, 139 of the Connecticut Acts of the 2021 Regular Session, 140 of the Connecticut Acts of the 2021 Regular Session, 141 of the Connecticut Acts of the 2021 Regular Session eff. 1/1/2022.

Amended by P.A. 21-0015, S. 136 of the Connecticut Acts of the 2021 Regular Session, eff. 1/1/2022.

Amended by P.A. 21-0018, S. 1 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.

Amended by P.A. 19-0064, S. 15 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.

Amended by P.A. 18-0075, S. 6 of the Connecticut Acts of the 2018 Regular Session, eff. 6/4/2018.

Amended by P.A. 17-0002, S. 256 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.

Amended by P.A. 17-0099, S. 5 of the Connecticut Acts of the 2017 Regular Session, eff. 6/30/2017.

Amended by P.A. 16-0003, S. 91 of the Connecticut Acts of the 2016 Special Session, eff. 6/2/2016.

Amended by P.A. 16-0211, S. 1 of the Connecticut Acts of the 2016 Regular Session, eff. 1/1/2017.

Amended by P.A. 16-0013, S. 15 of the Connecticut Acts of the 2016 Regular Session, eff. 5/6/2016.

Amended by P.A. 16-0013, S. 14 of the Connecticut Acts of the 2016 Regular Session, eff. 5/6/2016.

Amended by P.A. 16-0013, S. 13 of the Connecticut Acts of the 2016 Regular Session, eff. 5/6/2016.

Amended by P.A. 15-0005, S. 461 of the Connecticut Acts of the 2015 Special Session, eff. 7/1/2015.

Amended by P.A. 15-0071, S. 89 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Cited. 213 Conn. 373 ; 222 Conn. 799 ; 229 C. 178 . Cited. 31 Conn.App. 114 ; 36 Conn.App. 138 ; 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 . Trial court erred in determining that the family support magistrate division had the inherent authority to open the acknowledgment on the basis of the best interests of the child. 182 Conn.App. 22 . Cited. 42 CS 126 ; Id., 562. Subsec. (m): Cited. 37 Conn.App. 105 . Right to jury trial. 52 CA 431 . Court has continuing power to enforce premajority support orders when child reaches age of majority. 45 Conn.Supp. 169 . Subsec. (n): 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 . 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 Conn.App. 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 Conn.App. 398 . Cited. 4 4 Conn.Supp. 145 . 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 Conn. 291 . Cited. 41 Conn.App. 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.

See Sec. 52-56(d) re execution or service of capias mittimus in any precinct by state marshal of any precinct.