GLASTONBURY, CONNECTICUT · FAMILY LAW + FAMILY-VIOLENCE DEFENSE

Interstate Support Enforcement in Connecticut

When one party moves out of state, support orders do not stop working — but which state can do what becomes a separate question from whether the money is owed.

Connecticut’s Uniform Interstate Family Support Act is at C.G.S. Chapter 817, §§46b-301 through 46b-425.

Three different functions

The Act does different things, and each has its own provisions:

  • Establishing a support order where none exists — C.G.S. §46b-351
  • Registering and enforcing an out-of-state or foreign support order — §§46b-370 through 46b-380
  • Registering an order for modification — §§46b-384 through 46b-394

Enforcement and modification are different questions

This is the point that matters most, and it is routinely conflated.

An out-of-state order can be registered in Connecticut for enforcement even where Connecticut has no authority to modify it. The order remains fully collectible here. What Connecticut cannot necessarily do is change the amount.

Child support

Whether Connecticut can modify another state’s child support order generally depends on whether anyone still lives in the issuing state, and on whether the parties consent. The issuing state keeps continuing exclusive jurisdiction while a party or the child remains there.

Connecticut does not obtain authority to modify another state’s order merely because a parent or child has moved here. Section 46b-386 governs when Connecticut may modify a child support order issued by another state, and §46b-388 addresses the situation in which all of the individual parties live in Connecticut and the child no longer lives in the issuing state. For orders Connecticut itself issued, §46b-315 governs its continuing, exclusive jurisdiction.

Spousal support is treated differently, and more strictly

Under C.G.S. §46b-321, a state that issued a spousal support order retains continuing, exclusive jurisdiction over it throughout the existence of the support obligation. Connecticut cannot modify a spousal support order issued elsewhere, however long ago and wherever the parties now live.

That is a hard rule and it surprises people who assume moving here moves the case here.

Practically

Registration is a procedural step, and the enforcement remedies that follow are the ordinary ones — income withholding, arrearage findings, contempt. Getting the jurisdictional question right at the outset avoids filing in the wrong place and losing months.

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