Statute:

Continuing jurisdiction

ยง 451. Continuing jurisdiction. 1. Except as provided in article
five-B of this act, the court has continuing jurisdiction over any
support proceeding brought under this article until its judgment is
completely satisfied and may modify, set aside or vacate any order
issued in the course of the proceeding, provided, however, that the
modification, set aside or vacatur shall not reduce or annul child
support arrears accrued prior to the making of an application pursuant
to this section. The court shall not reduce or annul any other arrears
unless the defaulting party shows good cause for failure to make
application for relief from the judgment or order directing payment
prior to the accrual of the arrears, in which case the facts and
circumstances constituting such good cause shall be set forth in a
written memorandum of decision. A modification may increase support
payments nunc pro tunc as of the date of the initial application for
support based on newly discovered evidence. Any retroactive amount of
support due shall be paid and be enforceable as provided in section four
hundred forty of this article. Upon an application to set aside or
vacate an order of support, no hearing shall be required unless such
application shall be supported by affidavit and other evidentiary
material sufficient to establish a prima facie case for the relief
requested.

2. A proceeding to modify an order of support shall be commenced by
the filing of a petition which shall allege facts sufficient to meet one
or more of the grounds enumerated in subdivision three of this section.

3. (a) The court may modify an order of child support, including an
order incorporating without merging an agreement or stipulation of the
parties, upon a showing of a substantial change in circumstances.
Incarceration shall not be considered voluntary unemployment and shall
not be a bar to finding a substantial change in circumstances.

(b) In addition, unless the parties have specifically opted out of the
following provisions in a validly executed agreement or stipulation
entered into between the parties, the court may modify an order of child
support where:

(i) three years have passed since the order was entered, last modified
or adjusted; or

(ii) there has been a change in either party's gross income by fifteen
percent or more since the order was entered, last modified, or adjusted.
A reduction in income shall not be considered as a ground for
modification unless it was involuntary and the party has made diligent
attempts to secure employment commensurate with his or her education,
ability, and experience.

FCT 451 2024-10-04

Sections:

Article 4 - Support Proceedings
Part 1 - (411 - 418) Jurisdiction And Duties Of Support
411 - Jurisdiction
412 - Married person's duty to support spouse.
413 - Parents' duty to support child.
413-A - Review and cost of living adjustment of child support orders.
415 - Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.
416 - Elements of support; provisions for accident, life and health insurance benefits.
417 - Child of ceremonial marriage.
418 - Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.
Part 2 - (421 - 430) Venue And Preliminary Procedure
421 - Venue.
422 - Persons who may originate proceedings.
423 - Petition; prior demand not required.
424 - Probation services.
424-A - Compulsory financial disclosure.
425 - Agreement to support.
426 - Issuance of summons.
427 - Service of summons.
428 - Issuance of warrant; certificate of warrant.
429 - Sequestration of respondent's property.
430 - Temporary order of protection.
Part 3 - (431 - 439-A) Hearing
431 - Preliminary procedure on warrant.
432 - Procedure before court.
433 - Enacted without section heading.
434 - Order for temporary child support.
434-A - Order for temporary spousal support.
435 - Procedure; adjournment; confidentiality of requests.
436 - Competence of spouse.
437 - Presumption of sufficient means.
437-A - Referral to work programs.
438 - Counsel fees.
439 - Support magistrates.
439-A - Expedited process.
Part 4 - (440 - 449) Orders
440 - Order of support.
441 - Order dismissing petition.
442 - Order of support by a spouse.
443 - Order of support by parent.
445 - Order of support by relative; duration.
446 - Order of protection.
446-A - Firearms; surrender and license suspension, revocation and ineligibility.
447 - Order of visitation.
448 - Enforcement by income deduction.
449 - Effective date of order of support.
Part 5 - (451 - 460) Compliance With Orders
451 - Continuing jurisdiction.
453 - Petition; violation of court order.
454 - Powers of the court on violation of a support order.
455 - Commitment.
456 - Probation.
457 - Order of sequestration on failure to obey support order.
458-A - Enforcement of arrears; Suspension of driving privileges.
458-B - Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses.
458-C - Child support proceedings and enforcement of arrears; suspension of recreational licenses.
459 - Additional arrears.
460 - Entry and docketing of a money judgment.
Part 6 - (461 - 469) Effect Of Action For Separation, Divorce Or Annulment
461 - Duty to support child after separation agreement, separation, or termination of marriage.
462 - Effect of support order in matrimonial action on duration of family court support order for child.
463 - Effect of separation agreement on duty to support a spouse.
464 - Effect of pendency of action for divorce, separation or annulment on petition for support of a spouse.
465 - Effect of denial of support in action for separation.
466 - Effect of granting of support in action for divorce, separation or annulment.
467 - Referral by supreme court of applications to fix custody in action for divorce, separation or annulment.
469 - Rules of court; venue.
Part 7 - (471 - 479) Undertaking
471 - Undertaking for support and cash deposits.
472 - Undertaking to be filed.
473 - Substitution of surety.
474 - Default.
475 - Procedure as to defaults.
476 - Forfeitures applied to support of petitioner.
477 - Surrender of respondent by surety.
478 - Termination of surety's liability.
479 - When new security required.

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