CT · rules
Conn. Practice Book § 25-26
Modification of Custody, Alimony or Support
(a) Upon an application for a modification of an
award of alimony pendente lite, alimony or support
of minor children, filed by a person who is then
in arrears under the terms of such award, the
judicial authority shall, upon hearing, ascertain
whether such arrearage has accrued without
sufficient excuse so as to constitute a contempt
of court, and, in its discretion, may determine
whether any modification of current alimony and
support shall be ordered prior to the payment, in
whole or in part as the judicial authority may order,
of any arrearage found to exist.
(b) Either parent or both parents of minor chil -
dren may be cited or summoned by any party to
the action to appear and show cause, if any they
have, why orders of custody, visitation, support
or alimony should not be entered or modified.
(c) If any applicant is proceeding without the
assistance of counsel and citation of any other
party is necessary, the applicant shall sign the
application and present the application, proposed
order and summons to the clerk; the clerk shall
review the proposed order and summons and,
unless it is defective as to form, shall sign the
proposed order and summons and shall assign a
date for a hearing or other court event on the application.
(d) Each motion for modification of custody, visitation, alimony or child support shall state clearly
in the caption of the motion whether it is a pendente lite or a postjudgment motion.
(e) Each motion for modification shall state the
specific factual and legal basis for the claimed
modification and shall include the outstanding
order and date thereof to which the motion for
modification is addressed.
(f) On motions addressed to financial issues,
the provisions of Section 25-30 shall be followed.
(g) Upon or after entry of judgment of a dissolution of marriage, dissolution of civil union, legal
separation or annulment, or upon or after entry
of a judgment or final order of custody and/or
visitation for a petition or petitions filed pursuant
to Section 25-3 and/or Section 25-4, the judicial
authority may order that any further motion for
modification of a final custody or visitation order
shall be appended with a request for leave to file
such motion and shall conform to the requirements of subsection (e) of this section. The specific factual and legal basis for the claimed modification shall be sworn to by the moving party or
other person having personal knowledge of the
facts recited therein. If no objection to the request
has been filed by any party within ten days of the
date of service of such request on the other party,
the request for leave may be determined by the
judicial authority with or without hearing. If an objection is filed, the request shall be placed on the
next short calendar, unless the judicial authority
otherwise directs. At such hearing, the moving
party must demonstrate probable cause that
grounds exist for the motion to be granted. If the
judicial authority grants the request for leave, at
any time during the pendency of such a motion
to modify, the judicial authority may determine
whether discovery or a study or evaluation pursuant to Section 25-60 shall be permitted.
History
(P.B. 1978-1997, Sec. 464.) (Amended June 20, 2005, to take effect Jan. 1, 2006; amended June 29, 2007, to take effect Oct. 1, 2007; amended June 14, 2024, to take effect Jan. 1, 2025.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
2eb1aad5f22fc7989646e531d48f4d63f2b03201d276063a4d9127c55d2548d2
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