Conn. Gen. Stat. § 53-304

Current with legislation from the 2024 Regular and Special Sessions.

Section 53-304 - Nonsupport. Support orders and agreements. Administration of oaths by family relations counselors and support enforcement officers

(a) Any person who neglects or refuses to furnish reasonably necessary support to the person's spouse, child under the age of eighteen or parent under the age of sixty-five shall be deemed guilty of nonsupport and shall be imprisoned not more than one year, unless the person shows to the court before which the trial is had that, owing to physical incapacity or other good cause, the person is unable to furnish such support. The court may suspend the execution of any community correctional center sentence imposed, upon any terms or conditions that it deems just, may suspend the execution of the balance of any such sentence in a like manner, and, in addition to any other sentence or in lieu thereof, may order that the person convicted shall pay to the Commissioner of Administrative Services directly or through Support Enforcement Services of the Superior Court, such support, in such amount as the court may find commensurate with the necessities of the case and the ability of such person, for such period as the court shall determine. Any such order of support may, at any time thereafter, be set aside or altered by the court for cause shown. Failure of any defendant to make any payment may be punished as contempt of court and, in addition thereto or in lieu thereof, the court may order the issuance of a wage withholding in the same manner as is provided in section 17b-745, which withholding order shall have the same precedence as is provided in section 52-362. The amounts withheld under such withholding order shall be remitted to the Department of Administrative Services by the person or corporation to whom the withholding order is presented at such intervals as such withholding order directs.

(b) Any person who violates any provision of this section may be prosecuted before any court of this state in the same manner as if such offense had been committed within the territorial jurisdiction of such court.

(c) A written agreement to support or any modification of an agreement to support filed with said court or the assistant clerk of the Family Support Magistrate Division shall have the same force and effect as an order of support by the Superior Court and shall be enforceable in the same manner as is provided herein for orders of support issued by the court.

(d) Family relations counselors and support enforcement officers employed by the Judicial Department may administer oaths in all affidavits, statements, complaints and reports made to or by such family relations counselors and support enforcement officers in the performance of their duties.

Conn. Gen. Stat. § 53-304

(1949 Rev., S. 8586; 1955, S. 3295d; 1957, P.A. 158; 1959, P.A. 115, S. 4; 308; 1963, P.A. 497; 1967, P.A. 746, S. 6; 1969, P.A. 297; 1971, P.A. 290; 1972, P.A. 127, S. 76; P.A. 74-183, S. 122, 291; P.A. 76-436, S. 512, 681; P.A. 78-331, S. 33, 58; P.A. 80-56, S. 1, 2; P.A. 83-295, S. 18; P.A. 86-359, S. 37, 44; P.A. 90-213, S. 43, 56; P.A. 93-396, S. 11; P.A. 00-68, S. 6; P.A. 01-91, S. 27; P.A. 02-132, S. 28; P.A. 04-257, S. 82.)

Amended by P.A. 21-0015,S. 146 of the Connecticut Acts of the 2021 Regular Session, eff. 1/1/2022.

Generally. 41 C. 433. Adultery of wife sufficient defense. 57 C. 539; 100 C. 731. What facts justify wife in leaving husband; burden of proof. 91 C. 6. Venue of action is ordinarily place of husband's residence, since wife's residence follows that of her husband. 93 C. 363. Payments set forth in bond for support must be met even though wife has not been furnished help by town to whom bond was given; husband's duty is to support wife at his residence but not elsewhere. 94 C. 247. Information in words of statute sufficient; measure of support varies with circumstances of parties. 99 C. 119; 100 C. 730. When wife's misconduct will relieve husband of this duty. Id., 731. Unjustifiable abandonment suspends duty; facts held to warrant conclusion of unjustifiable abandonment. 107 C. 108. Recognizance is a sufficient bond within statute; taking it directly to city instead of to treasurer does not invalidate it. 110 C. 171. Former statute cited. Id., 479. Wife must have adequate justification, in declining to live with husband, to entitle her to separate support; justification is a question for each case on its own circumstances. 124 C. 382. Provision for prosecution in any court of state, held constitutional. 129 C. 570. Husband entitled to show wife's conduct has forfeited any claim by her for support by him. 142 C. 377. Former statute cited. 152 C. 471. Once a child reaches age 18, parents no longer have legal duty re support. 168 C. 144. Cited. 196 C. 403; 216 C. 85; 234 C. 194. Cited. 4 CS 144; 5 CS 225; 13 CS 268. While wife necessarily benefits, the purpose of statute is to protect the public purse. 14 CS 128. Cited. 15 CS 177. Existence of section is not grounds for denying relief in an equitable action for support. 16 CS 68. Cited. 34 CS 281; Id., 284; 35 CS 130, 133. If husband and wife mutually assent to separate, husband not relieved of responsibility to support. 2 Conn. Cir. Ct. 218. Where, in a case under statute, defendant claims he was indigent so the court should have appointed counsel to him, but the court could not question him as to his earnings, it is incumbent on him to persuade the court that he was entitled to appointed counsel. 3 Conn. Cir. Ct. 624, 636. Legislative history discussed; crime of nonsupport does not require guilty or criminal intent. 4 Conn. Cir. Ct. 544. Defendant could not himself move to modify support order made upon his written agreement to contribute to support of his three minor children after he had been charged with crime of nonsupport. 6 Conn. Cir. Ct. 24.

See Sec. 46b-215 re obligation of relatives to furnish support. See Sec. 46b-219 re child's freedom from obligation to support a parent who had earlier deserted the child. See Sec. 51-348a re prosecution for nonsupport in geographical area of Superior Court.