En Español
National Domestic Violence Hotline: 1-800-799-SAFE (7233) or (TTY) 1-800-787-3224

Legal Statutes: Connecticut

UPDATED January 10, 2017

Back to Connecticut overview

Part I. General Provisions

back to top§ 46b-62. Orders for payment of attorney's fees in certain actions

(a) In any proceeding seeking relief under the provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 1 to 78, inclusive, of public act 15-71, 47-14g, 51-348a and 52-362, the court may order either spouse or, if such proceeding concerns the custody, care, education, visitation or support of a minor child, either parent to pay the reasonable attorney's fees of the other in accordance with their respective financial abilities and the criteria set forth in section 46b-82. If, in any proceeding under this chapter and said sections, the court appoints counsel or a guardian ad litem for a minor child, the court may order the father, mother or an intervening party, individually or in any combination, to pay the reasonable fees of such counsel or guardian ad litem or may order the payment of such counsel's or guardian ad litem's fees in whole or in part from the estate of the child. If the child is receiving or has received state aid or care, the compensation of such counsel or guardian ad litem shall be established and paid by the Public Defender Services Commission.
(b) If, in any proceeding under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 1 to 78, inclusive, of public act 15-71, 47-14g, 51-348a and 52-362, the court appoints counsel or a guardian ad litem for a minor child, the court may not order the father, mother or an intervening party, individually or in any combination, to pay the reasonable fees of such counsel or guardian ad litem from a college savings account, including any account established pursuant to any qualified tuition program, as defined in Section 529(b) of the Internal Revenue Code,1 that has been established for the benefit of the minor child. If the court determines that the father, mother or an intervening party does not have the ability to pay such reasonable fees, the court shall not order that such reasonable fees be paid by such persons through the use of a credit card. In addition, any order for the payment of such reasonable fees shall be limited to income or assets that are not exempt property under sections 52-352a and 52-352b.
(c) In any proceeding under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 1 to 78, inclusive, of public act 15-71, 47-14g, 51-348a and 52-362, in which the court appoints counsel or a guardian ad litem for a minor child, the court may order that the fees to be paid to such counsel or guardian ad litem be calculated on a sliding-scale basis after giving due consideration to the income and assets of the parties to the proceeding.
(d) The Judicial Branch shall develop and implement a methodology for calculating, on a sliding-scale basis, the fees owing to counsel or a guardian ad litem for a minor child appointed in any proceeding under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 1 to 78, inclusive, of public act 15-71, 47-14g, 51-348a and 52-362.

(1958 Rev., § 46-59; 1973, P.A. 73-373, § 27; 1978, P.A. 78-230, § 44, eff. Oct. 1, 1978; 1986, P.A. 86-264, § 16; 1988, P.A. 88-41; 1997, June 18 Sp.Sess., P.A. 97-1, § 54, eff. Jan. 1, 1998; 2007, P.A. 07-159, § 1, eff. July 1, 2007; 2011, P.A. 11-51, §§ 14, 19, eff. July 1, 2011; 2011, P.A. 11-214, § 7; 2014, P.A. 14-3, § 5; 2015, P.A. 15-71, § 81, eff. July 1, 2015.)