§ 46b-66 — (Formerly Sec. 46-49). Review of final agreement; incorporation into decree. Arbitration.

Connecticut § 46b-66

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 815j: Dissolution of Marriage, Legal Separation and Annulment

Text

(a) Except as provided in section 46b-44c, in any case under this chapter where the parties have submitted to the court a final agreement concerning the custody, care, education, visitation, maintenance or support of any of their children or concerning alimony or the disposition of property, the court shall inquire into the financial resources and actual needs of the parties and their respective fitness to have physical custody of or rights of visitation with any minor child, in order to determine whether the agreement of the parties is fair and equitable under all the circumstances. (b) The inquiry required pursuant to subsections (a) and (e) of this section may take place on the record at a hearing, or if each party attests that no restraining order issued pursuant to section 46b-15 or protective order, issued pursuant to section 46b-38c , between the parties is in effect or pending before the court, the court may accept an affidavit from each party, made under oath, stating facts satisfying the requirements of the inquiry in question, in order to determine whether the agreement of the parties is fair and equitable under all the circumstances and to make any other findings required by this section. (c) If the court finds the agreement fair and equitable, it shall become part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court. If the court finds the agreement is not fair and equitable, it shall make such orders as to finances and custody as the circumstances require. If the agreement is in writing and provides for the care, education, maintenance or support of a child beyond the age of eighteen, it may also be incorporated or otherwise made a part of any such order and shall be enforceable to the same extent as any other provision of such order or decree, notwithstanding the provisions of section 1-1d . (d) Agreements providing for the care, education, maintenance or support of a child beyond the age of eighteen entered into on or after July 1, 2001, shall be modifiable to the same extent as any other provision of any order or decree in accordance with section 46b-86 . (e) The provisions of chapter 909 shall be applicable to any agreement to arbitrate in an action for dissolution of marriage under this chapter, provided an arbitration pursuant to such agreement may proceed only after the court has made a thorough inquiry and is satisfied that (1) each party entered into such agreement voluntarily and without coercion, and (2) such agreement is fair and equitable under the circumstances. An arbitration award in such action shall not be enforceable until it has been confirmed, modified or vacated in accordance with the provisions of chapter 909 and incorporated into an order or decree of court in an action for dissolution of marriage between the parties. If the arbitration award concerns child support, the court may enter such order or decree if the court finds that the award complies with section 46b-215b . An arbitration award relating to a dissolution of marriage that is incorporated into an order or decree of the court shall be enforceable and modifiable to the same extent as an agreement of the parties that is incorporated into an order or decree of the court pursuant to subsection (c) of this section.

Legislative History

(1972, P.A. 164, S. 1; P.A. 73-373, S. 18; P.A. 74-169, S. 11, 18; P.A. 77-488, S. 1; P.A. 78-230, S. 34, 54; P.A. 01-135, S. 1, 3; P.A. 05-258, S. 1; P.A. 06-196, S. 171; P.A. 17-47, S. 4; P.A. 21-104, S. 21.) History: P.A. 73-373 deleted provision which allowed court to continue, modify, set aside, etc. final orders re custody, visitation, etc. “upon a showing of a material change in the circumstances of either party or of their children”; P.A. 74-169 amended section to remove requirement that agreements be written but to specify that, if written, they are to be incorporated by reference in court orders or decrees; P.A. 77-488 added provision re written agreements providing for care, education, etc. of a child beyond the age of 18; P.A. 78-230 restated provisions; Sec. 46-49 transferred to Sec. 46b-66 in 1979; P.A. 01-135 designated existing provisions as Subsec. (a) and added Subsec. (b) re modifiable agreements for the care, education, maintenance and support of child beyond the age of 18 entered into on or after July 1, 2001, effective July 1, 2001; P.A. 05-258 added Subsec. (c) re arbitration agreement and award; P.A. 06-196 made a technical change in Subsec. (c), effective June 7, 2006; P.A. 17-47 amended Subsec. (a) by adding “Except as provided in section 46b-44c”, by substituting “a final agreement” for “an agreement” and by making a technical change; P.A. 21-104 amended Subsec. (a) to replace “spouses” with “parties”, added new Subsec. (b) re inquiry on record at a hearing or by affidavit, designated portion of existing Subsec. (a) as new Subsec. (c), redesignated existing Subsecs. (b) and (c) as Subsecs. (d) and (e) and amended Subsec. (e) to delete provision that agreement and arbitration does not include issues related to child support, visitation and custody and add provisions re enforceability of arbitration awards and make conforming changes, effective June 28, 2021. Annotation to former section 46-49: Parties to divorce proceeding may submit to court an agreement concerning education of any of their children and such agreement may be incorporated by reference in order or decree of court. 33 CS 210. Annotations to present section: Cited. 177 C. 47. Failure of referee to conduct a searching inquiry into acceptability of a divorce settlement does not subject judgment to collateral attack as miscarriage of justice. Id., 173. Operates prospectively, cannot be applied retroactively. Id., 327. Cited. 183 C. 35; 184 C. 558; 185 C. 156; Id., 573; 186 C. 773. Because agreement was concealed from the trial court and was thus contrary to public policy, it was void and unenforceable; because, as a result of the agreement, both parties filed misleading and inaccurate financial affidavits, and because trial court should have ordered a new hearing on the financial and property division issues, a new trial was ordered on those issues. 187 C. 315. Cited. 188 C. 98; 190 C. 674; 194 C. 312; 195 C. 491; 196 C. 260; 200 C. 202; 201 C. 50; 214 C. 99; 217 C. 394; 220 C. 212; 228 C. 85; 231 C. 168; 235 C. 45; 237 C. 481. Trial court does not have authority to modify an agreement concerning child support that has been incorporated by reference into court decree dissolving a marriage in absence of a written agreement between parties permitting such modification. 262 C. 355. Trial court has jurisdiction over motions for postmajority child support modifications. 266 C. 649. Cited. 1 CA 578. Fraudulent nondisclosure discussed. 2 CA 179; Id., 239. Cited. 3 CA 423; 6 CA 271; 11 CA 268; 13 CA 355; 19 CA 146; Id., 161; 24 CA 343; 25 CA 210; 28 CA 208; 29 CA 369; 34 CA 462; judgment reversed, see 232 C. 750; Id., 785; judgment reversed, see 235 C. 45; 35 CA 421; 43 CA 575. Trial court lacked jurisdiction to enforce parties' oral stipulation concerning payment of postmajority support because agreement was not reduced to writing as required by statute. 47 CA 354. Court lacks jurisdiction to modify postmajority support where no written agreement to modify. 48 CA 409. Section provides court with jurisdiction to incorporate a separation agreement into its order or decree if upon review it finds the agreement fair and equitable under the circumstances. 60 CA 337. Trial court did not abuse its discretion by incorporating an agreement requiring additional 5-year post-judgment payment of life insurance premiums. 83 CA 478. Settlement offer could not be binding agreement without court's independent evaluation of agreement for fairness and equity. 91 CA 579. Section requires an inquiry into the parties' financial circumstances and the actual needs of the parties without explicitly requiring a finding that a party has knowingly entered into the agreement. 177 CA 103; judgment affirmed, see 334 C. 341. Cited. 35 CS 237; 44 CS 431. Written agreements for support of adult children may be incorporated by reference into dissolution decree or may be the subject of orders of court and are enforceable through contempt proceedings. 49 CS 238. Subsec. (a): Specifically grants court authority to incorporate by reference into its judgment of dissolution a fair and equitable separation agreement concerning several enumerated items, including disposition of property, thereby making it an order or decree of the court. 84 CA 415. Without separate evaluation by court to determine whether settlement agreement was fair and equitable, it could not become a settlement agreement as to the parties regarding their marital property, and court was free to distribute the property in a manner it determined was fair and equitable. 91 CA 579. Subsec. (c): An agreement to arbitrate contained in a prenuptial agreement is by definition an agreement to arbitrate issues that would only arise once the parties are involved in an action for dissolution; all agreements to arbitrate controversies between parties to a marriage are covered, regardless of when the parties entered into the agreement. 322 C. 828. Arbitration awards containing provisions on child support, visitation and custody do not act as a condition precedent excluding the scope of cases subject to appeal, but rather limit the enforceable scope of the agreement and award, and Subsec. does not permit a party to waive the statutory prohibition against the arbitration of issues related to child support. 337 C. 127. Trial court erred in ordering parties to submit to arbitration to resolve dispute over unreimbursed medical expenses of minor children because parties had not executed a voluntary arbitration agreement; Subsec. expressly prohibits parties from arbitrating issues related to child support, which may preclude parties from submitting dispute concerning minor child's unreimbursed medical expenses to arbitration. 156 CA 628. Subsec. (e): Time limitation of Sec. 52-420(b) does not apply in situations where arbitration award in dissolution proceeding has been obtained by fraud and made part of dissolution judgment pursuant to Subsec. 228 CA 163.