Connecticut General Statutes/Title 46b/Chapter 815j/Section 46b-83

CGS § 46b-83. (Formerly Sec. 46-50). Alimony, support and use of family home or other residential dwelling unit awarded pendente lite. Voluntary leaving of family home by one parent.

(a) At any time after the return day of a complaint under section 46b-45 or 46b-56 or after filing an application under section 46b-61, and after hearing, alimony and support pendente lite may be awarded to either of the parties from the date of the filing of an application therefor with the Superior Court. Upon the filing of a motion requesting an initial order of alimony or support pendente lite that is accompanied by an affidavit, on a form prescribed by the Chief Court Administrator, by the moving party attesting that (1) the moving party has insufficient funds to meet the moving party's reasonable needs or the reasonable needs of the minor children of the parties, (2) the other party is not providing sufficient funds to the moving party to meet such reasonable needs, and (3) the moving party reasonably believes that the other party has sufficient means or earning capacity to so provide, then such hearing shall be held by the court not later than sixty days after the date on which such motion requesting an initial order of alimony or support pendente lite and accompanying affidavit were filed. In the event that such hearing requires a continuance to another date, the court shall give calendar priority to scheduling such hearing on a date that facilitates the expeditious resumption and conclusion of the hearing, absent a written agreement or interim orders that provide for such alimony or support pendente lite. In the event of a delay necessitated by a court closure or emergency experienced by a party, such hearing shall be rescheduled to a date that is not later than fourteen days after the date of the originally scheduled hearing date. Full credit shall be given for all sums paid to one party by the other from the date of the filing of such a motion to the date of rendition of such order. In making an order for alimony pendente lite, the court shall consider all factors enumerated in section 46b-82, except the grounds for the complaint or cross complaint, to be considered with respect to a permanent award of alimony. In making an order for support pendente lite, the court shall consider all factors enumerated in section 46b-84. The court may also award exclusive use of the family home or any other dwelling unit which is available for use as a residence pendente lite to either of the parties as is just and equitable without regard to the respective interests of the parties in the property. Any financial order affecting the parties entered pursuant to the provisions of section 46b-15, shall not be considered an initial order of alimony or support pendente lite for purposes of scheduling a hearing under this subsection.

(b) In any proceeding brought under section 46b-45, 46b-56 or 46b-61 involving a minor child, if one of the parents residing in the family home leaves such home voluntarily and not subject to court order, and if the court finds that the voluntary leaving of the family home by such parent served the best interests of the child, the court may consider such voluntary leaving as a factor when making or modifying any order pursuant to section 46b-56.

Short History

(P.A. 73-373, S. 22; P.A. 74-169, S. 13, 18; P.A. 75-530, S. 14, 35; P.A. 78-230, S. 35, 54; P.A. 93-7; P.A. 99-215, S. 6, 29; P.A. 05-258, S. 5; P.A. 23-7, S. 1.)

Long History

History: P.A. 74-169 added references to Secs. 46-42 and 46-52; P.A. 75-530 referred to return day of complaint rather than to its filing date and required consideration of factors in Sec. 46-57 when making order for support pendente lite where previously factors in Sec. 46-52 were to be considered in making such an order; P.A. 78-230 made minor change in wording; Sec. 46-50 transferred to Sec. 46b-83 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 93-7 authorized the court to award exclusive use of “any other dwelling unit which is available for use as a residence” pendente lite and to make the award of the family home or such dwelling unit to either of the parties “as is just and equitable”; P.A. 99-215 added “after filing an application under section” and substituted “a motion” for “an application”, effective January 1, 2000; P.A. 05-258 designated existing provisions as Subsec. (a) and made technical changes therein and added Subsec. (b) re voluntary leaving of family home by one parent; P.A. 23-7 amended Subsec. (a) by adding provision re filing initial motion requesting alimony or support pendente lite and scheduling of hearing on such motion and by specifying financial order entered under Sec. 46b-15 not considered an initial order of alimony or support pendente lite under Subsec. (a), effective January 1, 2024.

Citations

Annotations to former section 46-50:

Cited. 171 C. 433.

Alimony. 33 CS 44.

Annotations to present section:

Cited. 183 C. 230; 194 C. 312; 211 C. 801.

Cited. 18 CA 622; 24 CA 219; 41 CA 861; judgment reversed, see 241 C. 490. In accordance with 220 C. 307, reasonable cause standard requires commission to consider all reliable probative evidence, including evidence unfavorable to complainant, and investigator and commission may make findings on disputed issues of material fact. 116 CA 776. Distribution of property is not authorized under section; trial court order amounted to an impermissible pendente lite property distribution. 163 CA 517.

Cited. 41 CS 258; 42 CS 562.