|Signed by Governor John G.
on June 30, 1997
July 1, 1997
Included below are the two sections of this Public Act which have an effect on workers' compensation benefits; the specific language referring to workers' compensation is highlighted in red text for clarity. (The complete text of this or any other public act may be obtained directly from the Connecticut State Library: see our State Links page.)
Sec. 28. Section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof: (a) For the purposes of this section: (1) "Dependent" means a spouse, former spouse or child entitled to payments under a support order, provided the Support Enforcement Division of the Superior Court or the state acting under an assignment of a dependent’s support rights or under an application for child support enforcement services shall, through an officer of the Support Enforcement Division or the Child Support [Division] ENFORCEMENT BUREAU of the Department of Social Services or an investigator of the Bureau of Collection Services or the Attorney General, take any action which the dependent could take to enforce a support order; (2) "Disposable earnings" means that part of the earnings of an individual remaining after deduction from those earnings of amounts required to be withheld for the payment of federal, state and local income taxes, employment taxes, normal retirement contributions, union dues and initiation fees, and group life and health insurance premiums; (3) "Earnings" means any debt accruing to an obligor by reason of his personal services, including any compensation payable by an employer to an employee for such personal services whether denominated as wages, salary, commission, bonus or otherwise, including [payments from retirement plans, and including] unemployment compensation if a purchase of service agreement between the Commissioner of Social Services and the Labor Commissioner is in effect pursuant to subsection (e) of section 17b-179, AS AMENDED BY SECTION 10 OF THIS ACT; (4) "Employer" means any person, including the Labor Commissioner, who owes earnings to an obligor; (5) "INCOME" MEANS ANY PERIODIC FORM OF PAYMENT DUE TO AN INDIVIDUAL, REGARDLESS OF SOURCE, INCLUDING, BUT NOT LIMITED TO, DISPOSABLE EARNINGS, WORKERS' COMPENSATION AND DISABILITY BENEFITS, PAYMENTS PURSUANT TO A PENSION OR RETIREMENT PROGRAM AND INTEREST; [(5)] (6) "Obligor" means a person required to make payments under a support order; [(6)] (7) "Support order" means a court order, or order of a family support magistrate including an agreement approved by a court or a family support magistrate, that requires the payment to a dependent of either current support payments, payments on an arrearage, or both; [(7)] (8) "Unemployment compensation" means any compensation payable under chapter 567, including amounts payable by the administrator of the unemployment compensation law pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment. (b) The Superior Court and any family support magistrate shall issue an order for withholding pursuant to this section against the [earnings] INCOME of an obligor to enforce a support order when the support order is entered or modified or when the obligor is before the court in an enforcement proceeding. The court shall order the withholding to be effective immediately or may, for cause or pursuant to an agreement by the parties, order a contingent withholding to be effective only on [(1) the filing with the court or the assistant clerk of the Family Support Magistrate Division of an affidavit, sufficient under subsection (d) of this section, as to the obligor’s delinquency or (2) an order of the court or a family support magistrate after a hearing pursuant to subsection (e) of this section] ACCRUAL OF A DELINQUENCY IN AN AMOUNT GREATER THAN OR EQUAL TO THIRTY DAYS' OBLIGATION. ANY FINDING THAT THERE IS CAUSE NOT TO ORDER WITHHOLDING TO BE EFFECTIVE IMMEDIATELY SHALL BE BASED ON AT LEAST (1) A WRITTEN DETERMINATION THAT, AND EXPLANATION BY THE COURT OR FAMILY SUPPORT MAGISTRATE OF WHY, IMPLEMENTING IMMEDIATE INCOME WITHHOLDING WOULD NOT BE IN THE BEST INTERESTS OF THE CHILD, AND (2) PROOF OF TIMELY PAYMENT OF PREVIOUSLY ORDERED SUPPORT IN CASES INVOLVING THE MODIFICATION OF SUCH SUPPORT. Before the court or family support magistrate issues an order for withholding which is effective immediately against an obligor who is before the court or a family support magistrate, it shall inform the obligor of the minimum amount of [earnings] INCOME which [are] IS exempt from withholding under state and federal law, of his right to claim any applicable state or federal exemptions with respect thereto and of his right to offer any evidence as to why a withholding order effective immediately should not issue. If the court or family support magistrate issues an order for withholding to be effective immediately against a nonappearing obligor, notice shall be served subsequently upon the obligor in accordance with section 52-57 or sent by certified mail, return receipt requested, to the obligor’s last known address, informing him: (A) That a support order has been issued to be enforced by [a wage] AN INCOME withholding order, (B) that [a wage] AN INCOME withholding order has been issued effective immediately as part of the support order, (C) of the minimum amount of [earnings] INCOME exempt from withholding under state and federal law and of his right at the hearing on the support order to claim any other applicable state or federal exemptions with respect thereto, (D) of his right to a hearing, upon motion to the court, to offer any evidence as to why the withholding order effective immediately should not continue in effect, (E) of the amount of income received by him which formed the basis for the support order against him, and (F) of his right to move to modify the support order if his income has changed substantially or if the support order substantially deviates from the child support guidelines established pursuant to section 46b-215a. (c) (1) If an obligor is delinquent on support payments on any prior order of support in an amount greater than or equal to thirty days' obligation, [or] WHETHER OR NOT SUCH ORDER IS SUBJECT TO a contingent [wage] INCOME withholding, [has been ordered,] HE SHALL BECOME SUBJECT TO WITHHOLDING AND the dependent [may] SHALL cause a delinquency notice to be served on [the obligor] HIM. The delinquency notice shall include a claim form and be in clear and simple language informing the obligor that [(1)] (A) he is [alleged to be] delinquent under the support order in a specified amount and any additional amounts accruing until the effective date of the withholding order, [(2)] (B) a withholding order [will] HAS become effective against his [earnings, which may include unemployment compensation, unless, within] INCOME, (C) HE HAS fifteen days [, he requests] TO REQUEST a hearing before the court or family support magistrate, [(3)] AND at such hearing he may contest the claimed delinquency AND THE IMPOSITION OF THE INCOME WITHHOLDING, seek modification of the withholding order, and claim any lawful exemption with respect to his [earnings, (4)] INCOME, (D) he has a right to seek modification of the support order by a proper motion filed with the court or family support magistrate, [(5)] (E) the first one hundred forty-five dollars of disposable [earnings] INCOME per week are exempt, and [(6)] (F) the amount of the withholding order may not exceed the maximum percentage of disposable [earnings] INCOME which may be withheld pursuant to Section 1673 of Title 15 of the United States Code, together with a statement of his right to claim any other applicable state or federal exemptions with respect thereto. The claim form shall contain a checklist identifying the most common defenses and exemptions such that the obligor may check any which apply to him and a space where the obligor may briefly explain his claim or request a modification of or raise a defense to the support order. (2) AN OBLIGOR SHALL BECOME SUBJECT TO WITHHOLDING TO ENFORCE A PRIOR ORDER OF SUPPORT UPON THE REQUEST OF THE DEPENDENT REGARDLESS OF ANY DELINQUENCY, AND WHETHER OR NOT SUCH ORDER IS SUBJECT TO A CONTINGENT INCOME WITHHOLDING. IN SUCH CASES, THE DEPENDENT SHALL CAUSE A NOTICE TO BE SERVED ON SUCH OBLIGOR WHICH NOTICE SHALL COMPLY IN ALL RESPECTS WITH THE DELINQUENCY NOTICE REQUIRED UNDER SUBDIVISION (1) OF THIS SUBSECTION EXCEPT THAT SUCH NOTICE SHALL NOT BE REQUIRED TO ALLEGE A DELINQUENCY. [(d) If, within fifteen days of service of the delinquency notice, the obligor fails to request a hearing, the dependent may file with the court or assistant clerk of the Family Support Magistrate Division, a copy of the notice and an affidavit stating that: (1) The delinquency notice, including the claim form, was served in accordance with subsection (i) of this section on the obligor at least fifteen days before filing the affidavit, and (2) there was an amount past due equal to at least thirty days obligation at the time of notice which has not been fully paid. On receipt of the notice and affidavit, the clerk of the court or assistant clerk of the Family Support Magistrate Division shall ensure that such papers are in order and, without hearing, forthwith certify that the withholding order is in effect and issue any necessary process against the earnings of the obligor.] [(e)] (d) An obligor may claim a defense based upon mistake of fact, an exemption in accordance with subsection [(f)] (e) of this section with respect to the withholding order, or may file by motion a modification or defense to the support order [to be] BEING enforced by the withholding, by delivering a signed claim form, or other written notice or motion, with his address thereon, indicating the nature of the claim or grounds of the motion, to the clerk of the Superior Court or the assistant clerk of the Family Support Magistrate Division within fifteen days of receipt of notice. If a claim or motion is filed, imposition of the withholding order shall be stayed until the claim or motion is decided by the court or a family support magistrate. On receipt of the claim or motion, the clerk shall promptly enter the appearance of the obligor, set the matter for a short calendar hearing, send a file-stamped copy of the claim or motion to the person or agency of the state to whom the support order is payable and notify all parties of the hearing date set. The court or family support magistrate shall promptly hear and determine the claim or motion and notify the obligor within forty-five days from the date of the [delinquency] notice REQUIRED UNDER SUBSECTION (c) OF THIS SECTION of its determination. Unless the obligor successfully shows cause why the withholding order should not [take] CONTINUE IN effect, the court or family support magistrate shall order that the outstanding withholding order [take] CONTINUE IN effect against the nonexempt [earnings] INCOME of the obligor to the extent provided under subsection [(f)] (e) of this section. The order shall be a final judgment for purposes of appeal. The effect of the withholding order shall not be stayed on appeal except by order of the court or a family support magistrate. [(f)] (e) A withholding order shall issue in the amount necessary to enforce a support order against only such nonexempt [earnings] INCOME of the obligor as [exceed] EXCEEDS the greater of (1) the first one hundred forty-five dollars per week of disposable [earnings] INCOME, or (2) the amount exempt under Section 1673 of Title 15 of the United States Code, or against any lesser amount which the court or family support magistrate deems equitable. The withholding order shall secure payment of past and future amounts due under the support order and an additional amount [equal to twenty per cent of the current order or ten dollars weekly, whichever is greater] COMPUTED IN ACCORDANCE WITH THE CHILD SUPPORT GUIDELINES ESTABLISHED IN ACCORDANCE WITH SECTION 46b-215a, to be applied toward liquidation of any arrearage accrued under such order, unless contested by the obligor after a [delinquency] notice has been served pursuant to subsection (c) of this section, in which case the court or family support magistrate may determine the amount to be applied toward the liquidation of the arrearage found to have accrued under prior order of the court or family support magistrate. IN NO EVENT SHALL SUCH ADDITIONAL AMOUNT BE APPLIED IF THERE IS AN EXISTING ARREARAGE ORDER FROM THE COURT OR FAMILY SUPPORT MAGISTRATE IN A IV-D SUPPORT CASE, AS DEFINED IN SUBDIVISION (13) OF SUBSECTION (b) OF SECTION 46b-231, AS AMENDED BY SECTION 27 OF THIS ACT. ANY INVESTIGATOR OR OTHER AUTHORIZED EMPLOYEE OF THE CHILD SUPPORT ENFORCEMENT BUREAU OF THE DEPARTMENT OF SOCIAL SERVICES, OR ANY OFFICER OF THE SUPPORT ENFORCEMENT DIVISION OF THE SUPERIOR COURT, SHALL ISSUE A WITHHOLDING ORDER PURSUANT TO THIS SUBSECTION WHEN THE OBLIGOR BECOMES SUBJECT TO WITHHOLDING UNDER SUBSECTION (c) OF THIS SECTION. On service of the order of withholding on an existing or any future employer OR OTHER PAYER OF INCOME, and until the support order is fully satisfied or modified, the order of withholding is a continuing lien and levy on the obligor’s [earnings as they become] INCOME AS IT BECOMES due. [(g)] (f) Commencing no later than the first pay period IN THE CASE OF AN EMPLOYER, OR THE DATE OF PERIODIC PAYMENT IN THE CASE OF A PAYER OF INCOME OTHER THAN AN EMPLOYER, that occurs after fourteen days following the date of service of an order for withholding and within [ten] SEVEN BUSINESS days of the date the obligor is paid thereafter, an employer OR OTHER PAYER OF INCOME shall pay sums withheld pursuant to the withholding order to the person in whose favor the withholding order was issued. When orders for withholding are payable to the state acting by and through the IV-D agency, the employer OR OTHER PAYER OF INCOME (1) shall specify the dates on which each withholding occurred and the amount withheld for each obligor on each such date and (2) may combine all withheld amounts into a single payment to such IV-D agency with the portion thereof which is attributable to each individual [employee] OBLIGOR being separately designated. If an employer OR OTHER PAYER OF INCOME fails to withhold from [earnings] INCOME due an [employee] OBLIGOR pursuant to an order for withholding or fails to make those payments, he is liable to such person for the full amount of [earnings] INCOME not withheld since receipt of proper notice in an action therefor, and the amount secured in the action shall be applied by such person toward the arrearage owed by the obligor. Such employer OR OTHER PAYER OF INCOME shall be subject to a finding of contempt by the court or family support magistrate for failure to honor such order for withholding. [(h)] (g) All orders for withholding issued pursuant to this section shall take precedence over any execution issued pursuant to section 52-361 of the general statutes revised to 1983, or section 52-361a. Two or more orders for withholding may be levied concurrently under this section, but if the total levy in any week exceeds the maximum permitted under this section, all sums due shall be allocated by the [employer] IV-D AGENCY IN PROPORTION TO THE AMOUNT OF SUCH ORDERS, giving priority in such allocation to current support. [(i)] (h) Service of any process under this section, including any [delinquency] notice, may be made in accordance with section 52-57, or by certified mail, return receipt requested. If service is made on behalf of the state, it may be made by an authorized employee of the Support Enforcement Division of the court, or by an investigator or other officer of the Child Support [Division] ENFORCEMENT BUREAU of the Department of Social Services or by an investigator of the Bureau of Collection Services or by the Attorney General. [(j)] (i) An applicant for employment or an employee subject to an order for withholding issued pursuant to this section shall have the same protection from discipline, suspension or discharge by an employer as provided in section 52-361a. [(k)] (j) There shall be a fine, of not more than one thousand dollars imposed on any employer who discharges from employment, refuses to employ, takes disciplinary action against or discriminates against an employee subject to an order for withholding issued pursuant to this section because of the existence of such order for withholding and the obligations or additional obligations which it imposes upon the employer. [(l)] (k) The employer shall notify promptly the dependent or the Support Enforcement Division as directed when the obligor terminates employment, makes a claim for workers' compensation benefits or makes a claim for unemployment compensation benefits and provide the obligor’s last-known address and the name and address of the obligor’s new employer, if known. (l) WHEN AN OBLIGOR WHO IS SUBJECT TO WITHHOLDING UNDER THIS SECTION IS IDENTIFIED AS A NEWLY HIRED EMPLOYEE PURSUANT TO SUBSECTION (d) OF SECTION 31-2c, AS AMENDED BY SECTION 13 OF THIS ACT, THE STATE AGENCY ENFORCING THE OBLIGOR'S CHILD SUPPORT ORDER SHALL, WITHIN TWO BUSINESS DAYS AFTER THE DATE INFORMATION REGARDING SUCH EMPLOYEE IS ENTERED INTO THE STATE DIRECTORY OF NEW HIRES, ISSUE A WITHHOLDING ORDER TO THE EMPLOYER OF THE EMPLOYEE IN ACCORDANCE WITH SUBSECTION (e) OF THIS SECTION. (m) The provisions of this section shall be in addition to and not in lieu of any other remedy available at law to enforce or punish for failure to obey a support order. (n) When a support order is issued in another state and the obligor has income subject to withholding derived in this state, such income shall be subject to withholding in accordance with the provisions of this section, upon the registration of the support order in accordance with sections 46b-198, 46b-198a, 46b-198b and 46b-198c. At the request of the dependent or the state issuing the support order, the court or a family support magistrate in this state shall order an immediate or contingent order for withholding after first providing the obligor with notice and opportunity to be heard regarding defenses to the implementation of such order for withholding as provided in subsections (c), (d), (e) and (f) of this section. (o) AN EMPLOYER WHO WITHHOLDS THE INCOME OF AN OBLIGOR PURSUANT TO A WITHHOLDING ORDER ISSUED UNDER SUBSECTION (e) OR (l) OF THIS SECTION THAT IS REGULAR ON ITS FACE SHALL NOT BE SUBJECT TO CIVIL LIABILITY TO ANY INDIVIDUAL OR AGENCY FOR CONDUCT IN COMPLIANCE WITH SUCH ORDER. [(o)] (p) The IV-D agency shall insure [prompt] distribution of all money collected under this section WITHIN TWO BUSINESS DAYS. [(p)] (q) The judges of the Superior Court may adopt any rules they deem necessary to implement the provisions of this section and sections 46b-69a, 46b-178 and 52-361a and such judges, or their designee, shall prescribe any forms required to implement such provisions.
Sec. 29. Section 52-362d of the general statutes is repealed and the following is substituted in lieu thereof: (a) Whenever an order of the Superior Court or a family support magistrate for support of a minor child or children is issued and such payments have been ordered to be made to the [Commissioner of Administrative Services directly or through the Support Enforcement Division of the Superior Court] STATE ACTING BY AND THROUGH THE IV-D AGENCY and the person against whom such support order was issued [is in arrears] OWES PAST-DUE SUPPORT in the amount of five hundred dollars or more, the [Child Support Enforcement Bureau of the Department of Social Services may place] STATE SHALL HAVE a lien on any property, real or personal, in which such person has an interest to enforce payment of such [arrearage] PAST-DUE SUPPORT after first providing such person with notice of intent to place such lien, and an opportunity for a hearing before a hearing officer to contest the amount of such [arrearage] PAST-DUE SUPPORT. The lien for [unpaid] PAST-DUE child support shall be secured [by filing of a certificate by the Commissioner of Social Services in the records of the town or towns in which any such real or personal property is located describing such property] BY THE IV-D AGENCY PURSUANT TO PROCEDURES CONTAINED IN THE GENERAL STATUTES APPLICABLE TO THE TYPE OF PROPERTY TO BE SECURED. Any such lien ON REAL PROPERTY may, at any time during which the obligor owes the amount of [unpaid] PAST-DUE child support secured by such lien, be foreclosed in an action brought in a court of competent jurisdiction by the Commissioner of Social Services [if the lien is to secure a child support obligation due the state] IN A TITLE IV-D CASE or by the person to whom the child support is due. [in cases not involving assistance paid by the state.] WHEN PAST-DUE SUPPORT IS OWING BOTH TO A FAMILY AND TO THE STATE, THE PROCEEDS OF THE LIEN SHALL BE APPLIED TO THE FAMILY'S PAST-DUE SUPPORT FIRST AND, WHEN THAT IS SATISFIED, TO THE STATE'S PAST-DUE SUPPORT. A LIEN FOR PAST-DUE SUPPORT ARISING IN ANY OTHER STATE SHALL BE GIVEN FULL FAITH AND CREDIT BY THIS STATE PROVIDED SUCH OTHER STATE HAS COMPLIED WITH ITS PROCEDURAL RULES RELATING TO RECORDING OR SERVING OF LIENS. (b) On October 1, 1991, and monthly thereafter, the Department of Social Services shall compile a list of all obligors who owe overdue support in the amount of one thousand dollars or more accruing after the entry of an initial court order establishing a child support obligation. Any overdue support in an amount of one thousand dollars or more shall be subject to the reporting provisions of this section unless a court or family support magistrate makes a specific finding that the amount of such overdue support shall not be reported. The state shall report to any participating consumer reporting agency, as defined in 15 USC 1681a(f), information regarding the amount of such overdue support owed by an obligor if the amount of such overdue support is one thousand dollars or more, on a computer tape in a format acceptable to the consumer reporting agency. Such information shall be reported by the department only after notice has been sent by the department to such obligor of the proposed action, and such obligor is given an opportunity for a hearing before a hearing officer of the department to contest the amount of the alleged arrearage. Any such notice sent to such obligor shall contain a telephone number and address of the Department of Social Services and shall contain the following language in bold type: "If you are no longer in arrears or have received this notice in error, please contact the department at the following address or telephone number." On a monthly basis, the Department of Social Services shall provide to each consumer reporting agency informed of the original arrearage of an obligor updated information concerning any such obligor and the status of payments, including a list of obligors who no longer owe overdue support, in such acceptable computer format. The department shall designate one or more persons in the department to receive telephone or other requests from an obligor or a consumer reporting agency regarding verification of information supplied to a consumer reporting agency. The department shall respond to any such request within five working days of its receipt. Upon satisfactory verification that an obligor is no longer in arrears, the department shall send a statement to such obligor, and such statement shall constitute proof to a creditor that such obligor is no longer in arrears as of the date of the statement. A participating consumer reporting agency which receives such updated information from the department that an obligor no longer owes any overdue support shall record such information within thirty days of receipt of such notification unless the information was in a format which was unusable by the agency or contained an error which prevented the agency from matching the updated information to previously supplied data. Any consumer reporting agency which negligently or wilfully fails to use reasonable efforts to comply with any requirement imposed under this subsection with respect to an obligor shall be liable to such obligor in an amount equal to the sum of (1) any actual damages sustained by the obligor as a result of such failure and (2) a reasonable attorney’s fee as determined by the court. (c) The Comptroller, upon notification by the Commissioner of Social Services that money is due from any person as a result of a claim for support which has been assigned to the state pursuant to section 17b-77 or is to be paid to the [Commissioner of Administrative Services directly or through the Support Enforcement Division of the Superior Court] STATE ACTING BY AND THROUGH THE IV-D AGENCY, shall withhold any order upon the Treasurer for payment due from winnings pursuant to chapter 226 to such person unless the amount payable is first reduced by the amount of such claim for support owed to an individual for any portion of support which has not been assigned to the state and then by the amount of such claim for support owed to the state, provided the Comptroller shall notify such person that (1) an order upon the Treasurer for payment has been withheld as a result of the amount due for such support and (2) he has the right to a hearing before a hearing officer designated by the Commissioner of Social Services if he contests the amount of the alleged claim for support. The Comptroller shall submit an order to the Treasurer for payment to such persons in accordance with any decisions of the hearing officer or the court upon appeal of the hearing officer’s decision. (d) WHENEVER AN ORDER OF THE SUPERIOR COURT OR A FAMILY SUPPORT MAGISTRATE FOR SUPPORT OF A MINOR CHILD OR CHILDREN IS ISSUED AND SUCH PAYMENTS HAVE BEEN ORDERED THROUGH THE IV-D AGENCY, AND THE OBLIGOR AGAINST WHOM SUCH SUPPORT ORDER WAS ISSUED OWES OVERDUE SUPPORT UNDER SUCH ORDER IN THE AMOUNT OF FIVE HUNDRED DOLLARS OR MORE, THE IV-D AGENCY, AS DEFINED IN SUBDIVISION (12) OF SUBSECTION (b) OF SECTION 46b-231, AS AMENDED BY SECTION 26 AND 36 OF THIS ACT, OR THE SUPPORT ENFORCEMENT DIVISION OF THE SUPERIOR COURT MAY NOTIFY (1) ANY STATE OR LOCAL AGENCY WITH AUTHORITY TO DISTRIBUTE BENEFITS TO SUCH OBLIGOR INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT COMPENSATION AND WORKERS' COMPENSATION, (2) ANY PERSON HAVING OR EXPECTING TO HAVE CUSTODY OR CONTROL OF OR AUTHORITY TO DISTRIBUTE ANY AMOUNTS DUE SUCH OBLIGOR UNDER ANY JUDGMENT OR SETTLEMENT, (3) ANY FINANCIAL INSTITUTION HOLDING ASSETS OF SUCH OBLIGOR, AND (4) ANY PUBLIC OR PRIVATE ENTITY ADMINISTERING A PUBLIC OR PRIVATE RETIREMENT FUND IN WHICH SUCH OBLIGOR HAS AN INTEREST THAT SUCH OBLIGOR OWES OVERDUE SUPPORT IN A IV-D SUPPORT CASE. UPON RECEIPT OF SUCH NOTICE, SUCH AGENCY, PERSON, INSTITUTION OR ENTITY SHALL WITHHOLD DELIVERY OR DISTRIBUTION OF ANY SUCH BENEFITS, AMOUNTS, ASSETS OR FUNDS UNTIL RECEIPT OF FURTHER NOTICE FROM THE IV-D AGENCY. (e) IN IV-D CASES IN WHICH A NOTICE IS SENT PURSUANT TO SUBSECTION (d) OF THIS SECTION, THE IV-D AGENCY SHALL NOTIFY THE OBLIGOR THAT SUCH BENEFITS, AMOUNTS, ASSETS OR FUNDS HAVE BEEN WITHHELD AS A RESULT OF OVERDUE SUPPORT IN A IV-D SUPPORT CASE IN ACCORDANCE WITH AN ORDER OF THE SUPERIOR COURT OR FAMILY SUPPORT MAGISTRATE. THE IV-D AGENCY SHALL FURTHER NOTIFY THE AGENCY, PERSON, INSTITUTION OR ENTITY TO WHOM NOTICE WAS SENT PURSUANT TO SUBSECTION (d) OF THIS SECTION AS FOLLOWS: (1) UPON EXPIRATION OF THE TIME FOR REQUESTING A HEARING SPECIFIED IN SECTION 17b-60, TO MAKE PAYMENT TO THE STATE FROM ANY SUCH BENEFITS, AMOUNTS, ASSETS OR FUNDS WITHHELD IN ACCORDANCE WITH SUBSECTION (d) OF THIS SECTION TO SATISFY SUCH OVERDUE SUPPORT PROVIDED, IN THE CASE OF RETIREMENT FUNDS, SUCH PAYMENT SHALL ONLY BE MADE IN ACCORDANCE WITH A WITHHOLDING ORDER ISSUED UNDER SECTION 52-362, AS AMENDED BY SECTION 28 OF THIS ACT, WHEN THE OBLIGOR IS ENTITLED TO RECEIVE RETIREMENT BENEFITS FROM SUCH FUND; (2) UPON PAYMENT OF SUCH OVERDUE SUPPORT BY SUCH OBLIGOR, TO RELEASE OR DISTRIBUTE, AS APPROPRIATE, SUCH BENEFITS, AMOUNTS, ASSETS OR FUNDS TO SUCH OBLIGOR; OR (3) UPON ISSUANCE OF A DECISION BY THE HEARING OFFICER OR THE COURT UPON APPEAL OF SUCH OFFICER'S DECISION, TO TAKE SUCH OTHER ACTION AS MAY BE ORDERED BY SUCH OFFICER OR SUCH COURT, AND SUCH AGENCY, PERSON, INSTITUTION OR ENTITY SHALL FORTHWITH COMPLY WITH SUCH NOTICE RECEIVED FROM THE IV-D AGENCY. (f) WHEN OVERDUE SUPPORT IS COLLECTED PURSUANT TO THIS SECTION AND OVERDUE SUPPORT IS OWING BOTH TO A FAMILY AND TO THE STATE, THE PROCEEDS COLLECTED PURSUANT TO SUBSECTION (e) OF THIS SECTION SHALL BE APPLIED TO THE FAMILY'S OVERDUE SUPPORT FIRST AND, WHEN THE FAMILY'S OVERDUE SUPPORT IS SATISFIED, TO THE STATE'S OVERDUE SUPPORT. [(d)] (g) The Commissioner of Social Services shall adopt regulations, in accordance with chapter 54, setting forth procedures providing for adequate notice of (1) the right to a hearing before a hearing officer and (2) procedures for [an administrative] A FAIR hearing for any person alleged by the commissioner to owe [a] PAST-DUE OR OVERDUE child support [arrearage] to the state, or to an individual when the payments have been ordered payable to the [Commissioner of Administrative Services directly or through the Support Enforcement Division] STATE ACTING BY AND THROUGH THE IV-D AGENCY, if the commissioner [intends to place] HAS FILED a lien on the property of such person [, or to claim] OR CLAIMED an offset against money payable by the state [,] to enforce a claim for payment of such [an arrearage or to report such arrearage] PAST-DUE OR OVERDUE SUPPORT, OR INTENDS TO SEIZE ANY BENEFITS, AMOUNTS, ASSETS OR FUNDS WITHHELD IN ACCORDANCE WITH SUBSECTION (d) OF THIS SECTION OR REPORT SUCH OVERDUE SUPPORT to a consumer credit agency.
State of Connecticut
Workers' Compensation Commission
Page last revised: July 16, 1998
Page URL: http://wcc.state.ct.us/law/pub-acts/1997/pa97-7ss.htm