Whenever the Probate Court, in a guardianship matter under chapter 802h, or the Superior Court, in a family relations matter, as defined in section
46b-1, orders a change or transfer of the guardianship or custody of a child who is the subject of a preexisting support order, and the court makes no finding with respect to such support order, such guardianship or custody order shall operate to: (1) Suspend the support order if guardianship or custody is transferred to the obligor under the support order; or (2) modify the payee of the support order to be the person or entity awarded guardianship or custody of the child by the court, if such person or entity is other than the obligor under the support order.
(P.A. 04-100, S. 8; P.A. 07-247, S. 60.)
History: P.A. 04-100 effective May 10, 2004; P.A. 07-247 replaced “juvenile matter under chapter 815t” with “family relations matter, as defined in section 46b-1”.
Section applies to all support orders notwithstanding express language in the order barring future modification; to the extent that the application of the specific language of this section to suspend or modify a support order that purports to preclude modification appears to conflict with the general language of Sec. 46b-86(a), this section must prevail. 305 C. 539.
Section only speaks to child support and does not give a party the right to suspend his alimony obligation. 159 CA 805. To the extent that section conflicts with general provisions of Sec. 46b-86(a) precluding retroactive modification of child support unless service of process requirement in Sec. 52-50 is satisfied, this section must prevail; no practical distinction between a suspension and a modification for purposes of applying section; child support portion of unallocated support award was subject to retroactive modification; section has no bearing on alimony. 161 CA 271.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 2015–2024 · leading case:
Gabriel v. Gabriel, 152 A.3d 1230 (Conn. 2016).
Gabriel v. Gabriel, 152 A.3d 1230 (Conn. 2016).
· cites it 15× “The court also found that the defendant's financial needs had been reduced significantly by her move to California and her cohabitation with a man who was paying a portion of her household expenses. Accordingly, the court reduced the plaintiff's alimony payments to $20,000 per…”
Davis v. Davis, 200 Conn. App. 180 (Conn. App. Ct. 2020).
· cites it 15× “On appeal, the defendant claims that the court (1) improperly granted the plain- tiff’s postjudgment motion to modify alimony without providing sufficient notice in violation of his right to due process, (2) improperly ordered the defendant to reimburse the plaintiff for…”
Lesueur v. Lesueur, 199 A.3d 1082 (Conn. App. Ct. 2018).
· cites it 4× “General Statutes § 46b-224 specifically "addresses the question of how a change in custody affects the payment of child support .”
Fredo v. Fredo, 196 A.3d 1235 (Conn. App. Ct. 2018).
· cites it 2× “"[General Statutes § 46b-224 provides:] Whenever the Probate Court, in a guardianship matter under chapter 802h, or the Superior Court, in a family relations matter, as defined in section 46b-1, orders a change or transfer of the guardianship or custody of a child who is the…”
De Almeida-Kennedy v. Kennedy, 224 Conn. App. 19 (Conn. App. Ct. 2024).
· cites it 3× “Our Supreme Court determined that such an order was modifiable upon a change in custody because General Statutes § 46b-224 provides for the modification of child support upon a change of custody.”
Coury v. Coury (Conn. App. Ct. 2015).
· cites it 25× “11 General Statutes § 46b-224 provides: ‘‘Whenever the Probate Court, in a guardianship matter under chapter 802h, or the Superior Court, in a family relations matter, as defined in section 46b-1, orders a change or transfer of the guardianship or custody of a child who is the…”
LeSueur v. LeSueur (Conn. App. Ct. 2017).
· cites it 12× “He contends that (A) pursuant to General Stat- utes § 46b-224, the court was obligated to issue a child support credit retroactive to July 14, 2014, which was the date that the court approved the parties’ first agreement modifying the primary physical custody of the daughter on…”
Ross v. Ross, 200 Conn. App. 720 (Conn. App. Ct. 2020).
· cites it 2× “Nevertheless, our Supreme Court ruled that such an order would be modifiable if a change in custody occurred because General Statutes § 46b-224 permits a modification of child support when a change of custody occurs, despite the provisions in § 46b-86 prohibiting the…”
Gabriel v. Gabriel (Conn. App. Ct. 2015).
· cites it 10× “On the basis of the plaintiff having assumed primary physical custody of the children, the court, citing General Statutes § 46b-224,2 also found that the plaintiff was not in wilful contempt for unilaterally reducing his unallocated payments to the defendant.”
LeSueur v. LeSueur (Conn. App. Ct. 2018).
· cites it 4× “General Statutes § 46b-224 specifically ‘‘addresses the question of how a change in custody affects the payment of child support .”
Czunas v. Mancini, 226 Conn. App. 256 (Conn. App. Ct. 2024).
· cites it 4× “8 In other words, there was no change in cus- 6 General Statutes § 46b-224 provides in relevant part: ‘‘Whenever the .”
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