Connecticut HB 6639: AN ACT ENSURING TIMELY SCHEDULING OF TEMPORARY FINANCIAL SUPPORT HEARINGS IN DIVORCE AND CUSTODY PROCEEDINGS.

Bill Text

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General Assembly Raised Bill No. 6639
January Session, 2023 LCO No. 3894

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT ENSURING TIMELY SCHEDULING OF TEMPORARY
FINANCIAL SUPPORT HEARINGS IN DIVORCE AND CUSTODY
PROCEEDINGS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 46b-83 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) At any time after the return day of a complaint under section 46b-3
45 or 46b-56 or after filing an application under section 46b-61, and after 4
hearing, alimony and support pendente lite may be awarded to either 5
of the parties from the date of the filing of an application therefor with 6
the Superior Court. Upon the filing of a motion requesting alimony or 7
support pendente lite that is accompanied, or later supplemented, by an 8
affidavit by the moving party attesting that (1) the moving party has 9
insufficient funds to meet his or her reasonable needs or the reasonable 10
needs of the minor children of the parties, (2) the other party is not 11
providing sufficient funds to the moving party to meet such reasonable 12
needs, and (3) the moving party reasonably believes that the other party 13
has sufficient means or earning capacity to so provide, then such 14

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hearing shall be held by the court not later than sixty days after the date 15
on which such motion requesting alimony or support pendente lite and 16
accompanying affidavit was filed. No such hearing date shall be 17
extended, whether by agreement of the parties or by the court, more 18
than ninety days after the date of filing of such motion and affidavit 19
absent a written agreement that provides for such alimony or support 20
pendente lite. In the event of a delay necessitated by a court closure or 21
emergency experienced by a party, such hearing shall be rescheduled to 22
a date that is not later than fourteen days after the date of the originally 23
scheduled hearing date. Full credit shall be given for all sums paid to 24
one party by the other from the date of the filing of such a motion to the 25
date of rendition of such order. In making an order for alimony 26
pendente lite, the court shall consider all factors enumerated in section 27
46b-82, except the grounds for the complaint or cross complaint, to be 28
considered with respect to a permanent award of alimony. In making 29
an order for support pendente lite, the court shall consider all factors 30
enumerated in section 46b-84. The court may also award exclusive use 31
of the family home or any other dwelling unit which is available for use 32
as a residence pendente lite to either of the parties as is just and equitable 33
without regard to the respective interests of the parties in the property. 34
(b) In any proceeding brought under section 46b-45, 46b-56 or 46b-61 35
involving a minor child, if one of the parents residing in the family home 36
leaves such home voluntarily and not subject to court order, and if the 37
court finds that the voluntary leaving of the family home by such parent 38
served the best interests of the child, the court may consider such 39
voluntary leaving as a factor when making or modifying any order 40
pursuant to section 46b-56. 41
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2023 46b-83

Statement of Purpose:
To ensure timely scheduling of temporary financial support hearings in
divorce and custody proceedings.

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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]