When any person is found in contempt of an order of the Superior Court entered under section 46b-60 to 46b-62, inclusive, 46b-81 to 46b-83, inclusive, or 46b-86, the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt, provided if any such person is found not to be in contempt of such order, the court may award a reasonable attorney's fee to such person. The costs of commitment of any person imprisoned for contempt of court by reason of failure to comply with such an order shall be paid by the state as in criminal cases.
(P.A. 73-373, S. 25; P.A. 78-230, S. 41, 54; P.A. 88-196.)
History: P.A. 78-230 made minor changes in wording; Sec. 46-56 transferred to Sec. 46b-87 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 88-196 permitted court to award reasonable attorney's fee to petitioner and added proviso that if any person is not found to be in contempt of order, the court may award a reasonable attorney's fee to such person.
See Sec. 17b-743 re direction that payments under support order be made to Commissioner of Administrative Services or local welfare department.
Cited. 241 C. 490. Court's decision to award attorney's fees to defendant who withheld information for 7 years that she was obligated to report to plaintiff under dissolution decree violates equitable principles and constitutes an abuse of judicial discretion. 244 C. 523.
Cited. 11 CA 610; 13 CA 330; 22 CA 136; 24 CA 180; 26 CA 326; 28 CA 794; 41 CA 861; judgment reversed, see 241 C. 490; 43 CA 844. Statute does not contain any requirement that an award of attorney's fees must be determined with reference to relative financial positions of the parties. 71 CA 744. Award of attorney's fees is within discretion of trial court. 72 CA 408. Award of attorney's fees in contempt proceeding is punitive in nature and court may consider defendant's behavior as an additional factor in determining both the necessity of awarding such fees and the proper amount of the award. 110 CA 798. The court's order for the plaintiff to reimburse defendant for certain expenses under the agreement does not impact the court's ability to award attorney's fees to the plaintiff as the prevailing party on the issue of contempt, even when there is not finding of contempt, and when the defendant did not exercise good faith incurring certain expenses not covered by the agreement. 215 CA 24.
Agreement of parties to submit to arbitration cannot deprive court of jurisdiction to issue contempt order prescribed by statute. 36 CS 266.
Structure Connecticut General Statutes
Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment
Section 46b-41. (Formerly Sec. 46-36a). - Complaint includes cross-complaints or cross actions.
Section 46b-42. (Formerly Sec. 46-33). - Jurisdiction.
Section 46b-43. (Formerly Sec. 46-34). - Capacity of minor to prosecute or defend.
Section 46b-44. (Formerly Sec. 46-35). - Residency requirement.
Section 46b-44a. - Filing of joint petition for nonadversarial dissolution of marriage. Procedure.
Section 46b-44b. - Revocation of joint petition for nonadversarial dissolution of marriage. Effect.
Section 46b-45a. - Allegation of pregnancy in pleadings. Disagreement as to parentage. Hearing.
Section 46b-49. (Formerly Sec. 46-45). - Private hearing.
Section 46b-50. (Formerly Sec. 46-46). - Number of witnesses in uncontested action.
Section 46b-52. - Recrimination and condonation abolished.
Section 46b-53. (Formerly Sec. 46-41). - Conciliation procedures; privileged communications.
Section 46b-55. (Formerly Sec. 46-63). - Attorney General as party to action.
Section 46b-56b. - Presumption re best interest of child to be in custody of parent.
Section 46b-56c. - Educational support orders.
Section 46b-56e. - Orders of custody or visitation re children of deploying parent.
Section 46b-56f. - Emergency ex parte order of custody.
Section 46b-58. (Formerly Sec. 46-58). - Custody, maintenance and education of adopted children.
Section 46b-59. - Petition for right of visitation with minor child. Order for payment of fees.
Section 46b-59a. - Mediation of disputes re enforcement of visitation rights.
Section 46b-59b. - Court may not grant visitation to parent convicted of murder. Exception.
Section 46b-60. (Formerly Sec. 46-55). - Orders re children and alimony in annulment cases.
Section 46b-63. (Formerly Sec. 46-60). - Restoration of birth name or former name of spouse.
Section 46b-64. (Formerly Sec. 46-64c). - Orders of court prior to return day of complaint.
Section 46b-66a. - Order of court re conveyance of title to real property. Effect of decree.
Section 46b-69. (Formerly Sec. 46-64b). - Statutes applicable to matrimonial actions.
Section 46b-69a. - Wage executions and earning assignments.
Section 46b-69b. - Parenting education program.
Section 46b-69c. - Advisory committee. Recommendations to Judicial Department.
Section 46b-70. - Foreign matrimonial judgment defined.
Section 46b-71. - Filing of foreign matrimonial judgment; enforcement in this state.
Section 46b-72. - Notification of filing.
Section 46b-73. - Stay of enforcement; modifications; hearing.
Section 46b-74. - Right to action on judgment unimpaired.
Section 46b-75. - Uniformity of interpretation.
Section 46b-81. (Formerly Sec. 46-51). - Assignment of property and transfer of title.
Section 46b-82. (Formerly Sec. 46-52). - Alimony.
Section 46b-85. (Formerly Sec. 46-53). - Order for support of mentally ill spouse.
Section 46b-86. (Formerly Sec. 46-54). - Modification of alimony or support orders and judgments.
Section 46b-87. (Formerly Sec. 46-56). - Contempt of orders.