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Legal Statutes: Connecticut

UPDATED January 10, 2017

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Part III. Support of Child and Spouse. Transfer of Property.

back to top§ 46b-83. Alimony, support and use of family home or other residential dwelling unit awarded pendente lite. Voluntary leaving of family home by one parent

(a) At any time after the return day of a complaint under section 46b-45 or 46b-56 or after filing an application under section 46b-61, and after hearing, alimony and support pendente lite may be awarded to either of the parties from the date of the filing of an application therefor with the Superior Court. Full credit shall be given for all sums paid to one party by the other from the date of the filing of such a motion to the date of rendition of such order. In making an order for alimony pendente lite, the court shall consider all factors enumerated in section 46b-82, except the grounds for the complaint or cross complaint, to be considered with respect to a permanent award of alimony. In making an order for support pendente lite, the court shall consider all factors enumerated insection 46b-84. The court may also award exclusive use of the family home or any other dwelling unit which is available for use as a residence pendente lite to either of the parties as is just and equitable without regard to the respective interests of the parties in the property.

(b) In any proceeding brought under section 46b-45, 46b-56 or 46b-61 involving a minor child, if one of the parents residing in the family home leaves such home voluntarily and not subject to court order, and if the court finds that the voluntary leaving of the family home by such parent served the best interests of the child, the court may consider such voluntary leaving as a factor when making or modifying any order pursuant to section 46b-56.

(1958 Rev., § 46-50; 1973, P.A. 73-373, § 22; 1974, P.A. 74-169, § 13, eff. May 13, 1974; 1975, P.A. 75-530, § 14, eff. June 30, 1975; 1978, P.A. 78-230, § 35, eff. Oct. 1, 1978; 1993, P.A. 93-7; 1999, P.A. 99-215, § 6, eff. Jan. 1, 2000; 2005, P.A. 05-258, § 5.)