Bill Text: CT SB00449 | 2010 | General Assembly | Introduced

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Bill Title: An Act Concerning Annual Review Of Child Support Orders, A Study Of Child Support Enforcement Mechanisms, And Continuation Of Child Support Obligations After Parental Rights Are Terminated Due To Sexual Abuse.

Spectrum:

Status: (Introduced - Dead) 2010-03-11 - Public Hearing 03/15 [SB00449 Detail]

Download: Connecticut-2010-SB00449-Introduced.html

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General Assembly		Raised Bill No. 449
February Session, 2010		LCO No. 2266
		*02266_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT CONCERNING ANNUAL REVIEW OF CHILD SUPPORT ORDERS, A STUDY OF CHILD SUPPORT ENFORCEMENT MECHANISMS, AND CONTINUATION OF CHILD SUPPORT OBLIGATIONS AFTER PARENTAL RIGHTS ARE TERMINATED DUE TO SEXUAL ABUSE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (1) of subsection (a) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) (1) The Superior Court or a family support magistrate may make and enforce orders for payment of support to the Commissioner of Administrative Services or, in IV-D support cases, to the state acting by and through the IV-D agency, directed to the husband or wife and, if the patient or person is under the age of eighteen years or as otherwise provided in this subsection, to any parent of any patient or person being supported by the state, wholly or in part, in a state humane institution, or under any welfare program administered by the Department of Social Services, 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, 46b-129 or 46b-130, to be reasonably commensurate with the financial ability of any such relative. If such person is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such person is in need of support, until such person completes the twelfth grade or attains the age of nineteen, whichever occurs first. The child support obligation of a parent whose parental rights are terminated shall continue, upon the motion of the other parent, if (A) the court terminated the parental rights of such parent, in whole or in part, on the grounds that such parent sexually abused the child, (B) such parent was convicted of a crime involving the sexual abuse of the child prior to the termination of parental rights, and (C) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued upon such motion shall terminate whenever the child is adopted. Any court or family support magistrate called upon to make or enforce such an order, including an order based upon a determination consented to by the relative, shall ensure that such order is reasonable in light of the relative's ability to pay.

Sec. 2. Section 46b-84 of the general statutes is amended by adding subsection (i) as follows (Effective October 1, 2010):

(NEW) (i) The child support obligation of a parent whose parental rights are terminated shall continue, upon the motion of the other parent, if (1) the court terminated the parental rights of such parent, in whole or in part, on the grounds that such parent sexually abused the child, (2) such parent was convicted of a crime involving the sexual abuse of the child prior to the termination of parental rights, and (3) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued under this subsection shall continue in accordance with the requirements of this section and any final order for the periodic payment of child support and shall terminate in accordance with this section and such order, or whenever the child is adopted.

Sec. 3. Subparagraph (A) of subdivision (1) of subsection (a) of section 46b-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(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, as amended by this act, 46b-129, 46b-130 or 46b-215, as amended by this act, 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. The child support obligation of a defendant whose parental rights are terminated shall continue, upon the motion of the other parent, if (i) the court terminated the parental rights of such defendant, in whole or in part, on the grounds that such defendant sexually abused the child, (ii) such defendant was convicted of a crime involving the sexual abuse of the child prior to the termination of parental rights, and (iii) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued upon such motion shall terminate whenever the child is adopted.

Sec. 4. Subdivision (1) of subsection (c) of section 46b-172 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(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, as amended by this act, 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. The child support obligation of a father whose parental rights are terminated shall continue, upon the motion of the other parent, if (A) the court terminated the parental rights of such father, in whole or in part, on the grounds that such father sexually abused the child, (B) such father was convicted of a crime involving the sexual abuse of the child prior to the termination of parental rights, and (C) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued upon such motion shall terminate whenever the child is adopted.

Sec. 5. Subdivision (1) of subsection (a) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) (1) The Superior Court or a family support magistrate may make and enforce orders for payment of support against any person who neglects or refuses to furnish necessary support to such person's spouse or a child under the age of eighteen or as otherwise provided in this subsection, according to such person's ability to furnish such support, notwithstanding the provisions of section 46b-37. 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. Such order of support shall continue for a parent whose parental rights are terminated, upon the motion of the other parent, if (A) the court terminated the parental rights of such parent, in whole or in part, on the grounds that such parent sexually abused the child, (B) such parent was convicted of a crime involving the sexual abuse of the child prior to the termination of parental rights, and (C) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued upon such motion shall terminate whenever the child is adopted.

Sec. 6. Section 45a-717 of the general statutes is amended by adding subsection (k) as follows (Effective October 1, 2010):

(NEW) (k) If an order terminating the parental rights of a parent under this section is based in whole or in part on the grounds that such parent sexually abused the child and such parent was convicted of a crime involving the sexual abuse of the child, prior to entering such order, the court shall provide notice to such parent that such parent's child support obligation may continue upon motion of the other parent.

Sec. 7. Subsection (b) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(b) Except as provided in sections 46b-212 to 46b-213v, inclusive, any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. The court or family support magistrate that entered such order shall schedule a hearing annually after such entry, until the expiration of such order, for the purpose of reviewing such order. The court or family support magistrate shall arrange for notice of the pendency of such hearing to be provided to the obligor and the obligee and any other interested party. The court or family support magistrate may modify such order 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. Except as provided in sections 46b-212 to 46b-213v, inclusive, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including Support Enforcement Services in TANF support cases as defined in subdivision (14) of subsection (b) of section 46b-231, 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, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. 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 any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in sections 46b-213o to 46b-213q, inclusive. No such support orders may be subject to retroactive modification except that the court or family support magistrate 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 notice of such pending motion upon the opposing party pursuant to section 52-50.

Sec. 8. Section 46b-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(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. The court that entered such order shall schedule a hearing annually after such entry, until the expiration of such order, for the purpose of reviewing such order, if the order included support of a minor child. The court shall arrange for notice of the pendency of such hearing to be provided to the named parties and any other interested party. The court may modify such order upon a showing of a substantial change in the circumstances of either party 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. 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, on 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.

Sec. 9. Subdivision (5) of subsection (a) of section 46b-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(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. Any support order made under this section shall be reviewed annually by the court that made the support order. Such annual review shall continue until the expiration of such order. The court shall schedule a hearing and arrange for notice of the pendency of such hearing to be provided to the defendant and the mother of such child and any other interested party. The court may modify 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.

Sec. 10. Subsection (e) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(e) Any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. The court or family support magistrate that entered such order shall schedule a hearing annually after such entry, until the expiration of such order, for the purpose of reviewing such order. The court or family support magistrate shall arrange for notice of the pendency of such hearing to be provided to the obligor and the obligee and any other interested party. The court or family support magistrate may modify such order 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. Any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification upon a showing of a substantial change in the circumstances of either party or upon a showing that such support 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, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. 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 or family support magistrate 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. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in sections 46b-213o to 46b-213q, inclusive.

Sec. 11. Subsection (s) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(s) Support enforcement officers of Support Enforcement Services of the Superior Court shall:

(1) Supervise the payment of any child or spousal support order made by a family support magistrate. Supervision of such orders is defined as the utilization of all procedures available by law to collect child or spousal support, or enforce medical support including (A) issuance and implementation of income withholdings ordered by the Superior Court or a family support magistrate pursuant to section 52-362, (B) issuance of an order requiring any party to appear before a family support magistrate on an action to modify a support order pursuant to subdivision (4) of this subsection, (C) issuance of a capias mittimus directed to a proper officer to arrest an obligor or witness and bring such obligor or witness before a family support magistrate if such obligor or witness is served with a summons, subpoena, citation or order to appear issued by a family support magistrate, the assistant clerk of the Family Support Magistrate Division or a support enforcement officer and fails to appear, (D) if necessary, bringing an application for contempt to a family support magistrate and, in connection with such application, issuing an order requiring the obligor to appear before a family support magistrate to show cause why such obligor should not be held in contempt for failure to pay an order for child or spousal support entered by the Superior Court or a family support magistrate, and (E) issuance of a National Medical Support Notice in accordance with section 46b-88;

(2) In non-TANF cases, have the authority to bring petitions for support orders pursuant to section 46b-215, as amended by this act, 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, as amended by this act, and in IV-D support cases and cases under sections 46b-212 to 46b-213w, inclusive, enforce foreign support orders registered with the Family Support Magistrate Division pursuant to sections 46b-213f to 46b-213i, inclusive, and file agreements for support with the assistant clerk of the Family Support Magistrate Division;

(3) In connection with any order or agreement entered by, or filed with, the Family Support Magistrate Division, or any order entered by the Superior Court in a IV-D support case, upon order, investigate the financial situation of the parties and report findings to the family support magistrate regarding: (A) Any pending motion to modify such order or agreement; or (B) any request or application for modification of such order or agreement made by an obligee;

(4) Review child support orders (A) in non-TANF IV-D support cases (i) at the request of either parent or custodial party subject to a support order, or (ii) upon receipt of information indicating a substantial change in circumstances of any party to the support order, (B) in TANF cases, at the request of the Bureau of Child Support Enforcement, or (C) as necessary to comply with federal requirements for the child support enforcement program mandated by Title IV-D of the Social Security Act, and initiate an action before a family support magistrate to modify such support order if it is determined upon such review that the order substantially deviates from the child support guidelines established pursuant to section 46b-215a or 46b-215b. A requesting party under subparagraph (A)(i) or (B) of this subdivision shall have a right to such review every [three years] year 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.

Sec. 12. (Effective from passage) (a) There is established a task force to study child support enforcement mechanisms in other states and the effectiveness of such enforcement mechanisms.

(b) The task force shall consist of the following members:

(1) Two appointed by the speaker of the House of Representatives;

(2) Two appointed by the president pro tempore of the Senate;

(3) One appointed by the majority leader of the House of Representatives;

(4) One appointed by the majority leader of the Senate;

(5) One appointed by the minority leader of the House of Representatives;

(6) One appointed by the minority leader of the Senate;

(7) The Commissioner of Social Services, or the commissioner's designee; and

(8) The Chief Court Administrator, or a designee.

(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.

(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary shall serve as administrative staff of the task force.

(g) Not later than January 1, 2011, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2011, whichever is later.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2010	17b-745(a)(1)
Sec. 2	October 1, 2010	46b-84
Sec. 3	October 1, 2010	46b-171(a)(1)(A)
Sec. 4	October 1, 2010	46b-172(c)(1)
Sec. 5	October 1, 2010	46b-215(a)(1)
Sec. 6	October 1, 2010	45a-717
Sec. 7	October 1, 2010	17b-745(b)
Sec. 8	October 1, 2010	46b-86
Sec. 9	October 1, 2010	46b-171(a)(5)
Sec. 10	October 1, 2010	46b-215(e)
Sec. 11	October 1, 2010	46b-231(s)
Sec. 12	from passage	New section

Statement of Purpose:

To: (1) Permit a court to order that a parent's child support obligation continue, upon motion of the other parent, if the obligor's parental rights were terminated due to sexual abuse and conviction of a crime therefore, (2) require the court or family support magistrate that enters a support order to annually schedule a hearing on the order, and (3) establish a task force to study child support enforcement mechanisms used in other states.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]