Connecticut General Statutes 46b-66 – Review of final agreement; incorporation into decree. Arbitration
(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.
Terms Used In Connecticut General Statutes 46b-66
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(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.