The Attorney General shall be and remain a party to any action for dissolution of marriage, legal separation or annulment, and to any proceedings after judgment in such action, if any party to the action, or any child of any party, is receiving or has received aid or care from the state. The Attorney General may also be a party to such action for the purpose of establishing, enforcing or modifying an order for support or alimony if any party to the action is receiving support enforcement services pursuant to Title IV-D of the Social Security Act.
(1971, P.A. 712, S. 1–4; P.A. 73-373, S. 42; P.A. 74-183, S. 271, 291; P.A. 76-436, S. 234, 681; P.A. 78-230, S. 47, 54; P.A. 86-359, S. 32, 44; P.A. 21-15, S. 112.)
History: P.A. 73-373 substituted “dissolution of marriage” for “divorce” in Subsec. (a), deleted former Subsecs. (b) and (c) re appointment of attorney to protect child's interests and re action to establish paternity of child who is determined not to be issue of the marriage in question and relettered former Subsec. (d) accordingly, adding references to decrees of dissolution of marriage; P.A. 74-183 replaced circuit court with court of common pleas in Subsec. (b), effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court in Subsec. (b), effective July 1, 1978; P.A. 78-230 rephrased provisions but made no substantive change; Sec. 46-63 transferred to Sec. 46b-55 in 1979 and reference to Sec. 52-435a revised to reflect that section's transfer; P.A. 86-359 amended Subsec. (a) to permit Attorney General to be party to action for purpose of establishing, enforcing or modifying order of support or alimony if any party to action is receiving support enforcement services; P.A. 21-15 deleted former Subsec. (b) re ability of child born during a marriage, which is terminated by divorce decree, to bring an action to establish paternity when child is found not to be issue of such marriage, effective January 1, 2022.
See chapter 815y re paternity matters.
Annotations to former section 46-63:
Cited. 31 CS 188; 34 CS 187; Id., 628.
Annotations to present section:
Cited. 180 C. 114; 185 C. 180; 188 C. 98; Id., 354; 200 C. 656; 219 C. 703; 234 C. 51; 235 C. 82; 236 C. 719.
Cited. 11 CA 43; 15 CA 745; 34 CA 129; judgment reversed, see 234 C. 51; 37 CA 856.
Cited. 40 CS 6.
Notes of Decisions
Cited in
18
cases, 1980–2015 · leading case:
Turner v. Turner, 595 A.2d 297 (Conn. 1991).
Turner v. Turner, 595 A.2d 297 (Conn. 1991).
· cites it 4× “The state of Connecticut, as a party in interest pursuant to General Statutes § 46b-55 (a), 1 moved on February 28,1990, to modify an order entered in 1988 for the support of the minor children of the plaintiff, Carolyn Turner, and the defendant, Richard Turner, on the ground…”
Raftopol v. Ramey, 12 A.3d 783 (Conn. 2011).
· cites it 4× “The consistent presumption within the entire statutory scheme is that any of the technologies included within the meaning of "`[a]rtificial insemination'" will result in the wife being the birth mother.”
Newman v. Newman, 663 A.2d 980 (Conn. 1995).
· cites it 2× “, General Statutes § 46b-56 (b) (requiring court, in making or modifying any order with respect to custody or visitation, to consider wishes of child, if child is of sufficient age and capable of forming intelligent preference); General Statutes § 46b-57 (requiring court, in…”
Weidenbacher v. Duclos, 661 A.2d 988 (Conn. 1995).
· cites it 2× “General Statutes § 46b-55 (b) provides: “If any child bom during a marriage, which is terminated by a divorce decree or decree of dissolution of marriage, is found not to be issue of such marriage, the child or his representative may bring an action in the superior court to…”
Sands v. Sands, 448 A.2d 822 (Conn. 1982).
· cites it 2× “5 Furthermore, General Statutes § 46b-55 (a) provides in part that “[t]he attorney general shall be and remain a party to any action for dissolution of marriage .”
Moore v. McNamara, 478 A.2d 634 (Conn. Super. Ct. 1984).
· cites it 4× “General Statutes § 46b-55. The foregoing “exceptions” consequently extend the limitation period on paternity actions, in some instances, potentially throughout the child’s minority.”
Vonaa v. Vonaa, 546 A.2d 923 (Conn. App. Ct. 1988).
· cites it 2× “The state of Connecticut, pursuant to General Statutes § 46b-55 (a), appeals from the trial court’s granting of a motion for modification of a child support order which decreased the support to be paid by the plaintiff.”
Pritchard v. Pritchard, 885 A.2d 207 (Conn. App. Ct. 2005).
· cites it 2× “§ 654 ); General Statutes §§ 46b-207 and 51-le (granting authority to establish support enforcement services); General Statutes § 46b-55 (a). A person in need of support enforcement services from the state may petition the bureau of child support enforcement pursuant to General…”
Remkiewicz v. Remkiewicz, 429 A.2d 833 (Conn. 1980).
“Because at that time Linda had been receiving state assistance for herself and her child Jennifer, the attorney general, by virtue of General Statutes § 46-63 (now § 46b-55), became a party to the action and moved for an order of support for Jennifer.”
Durso v. Misiorek, 512 A.2d 917 (Conn. 1986).
· cites it 2× “Interestingly enough, a few months following the Mendez decision, the legislature passed what is now General Statutes § 46b-55 (a) which provides: “The attorney general shall be and remain a party to any action for dissolution of marriage, legal separation or annulment, and to…”
Weidenbacher v. Duclos, 640 A.2d 147 (Conn. App. Ct. 1994).
· cites it 2× “) Additionally, General Statutes § 46b-55 (b) authorizes a child born during a marriage that is terminated by a dissolution or divorce decree to establish the identity of his biological father within one year of the judgment of divorce or decree of dissolution if the child is…”
Holland v. Holland, 449 A.2d 1010 (Conn. 1982).
“The appeal is defended by the state of Connecticut, a mandatory party to the divorce action because at the time of the hearing it was contributing toward the support of the defendant and her older child, (xeneral Statutes § 46b-55 (a).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.