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Section 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

May 15, 2021 | Connecticut, Family Law

(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. 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.
(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.

Conn. Gen. Stat. ยง 46b-83

(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.)

Annotations to former section 46-50: Cited. 171 Conn. 433. Alimony. 33 Conn.Supp. 44. Annotations to present section: Cited. 183 C. 230; 194 Conn. 312; 211 C. 801. Cited. 18 Conn.App. 622; 24 CA 219; 41 Conn.App. 861; judgment reversed, see 241 Conn. 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 Conn.App. 517. Cited. 41 Conn.Supp. 258; 42 CS 562.

See Sec. 17b-743 re direction that payments under support order be made to Commissioner of Administrative Services or local welfare department.