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.
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