Sec.52-362d-4. Withholding of lottery winnings

(a) Definitions

As used in this section:

(1) "Connecticut Lottery Corporation" means the entity created under Section 12-802 of the Connecticut General Statutes for the purposes set forth in Sections 12-563a and 12-800 to 12-818, inclusive, of the Connecticut General Statutes.

(2) "Lottery" means any lottery game conducted by the Connecticut Lottery Corporation pursuant to the powers enumerated in Section 12-806 of the Connecticut General Statutes.

(b) When appropriate

Withholding of an obligor's lottery winnings for unpaid child support is appropriate in any IV-D case provided the obligor is notified of the withholding and is given an opportunity for a fair hearing to contest the amount of such withholding.

(c) Procedure

(1) Request for withholding

When a case that is appropriate for the withholding of lottery winnings is identified by the department, the commissioner shall request the Connecticut Lottery Corporation to withhold from the obligor's lottery winnings the amount of the obligor's unpaid child support. Such request shall provide instructions for payment of any amounts so withheld.

(2) Notification

The department shall notify the obligor of the request for withholding. The notice shall inform the obligor of the amount of unpaid child support, the right to a fair hearing to contest such amount, the method and timeframe for requesting such a hearing, and defenses to such withholding.

(3) Fair hearing

If a fair hearing is requested, withheld amounts shall not be applied to the obligor's unpaid child support obligations unless the fair hearing is denied or dismissed, or a decision which upholds the withholding is rendered.

(4) Application of withheld amounts

Subject to subdivision (3), above, all withheld amounts shall be applied to the obligor's unpaid child support obligations, provided that non-assistance obligations are satisfied from such amounts prior to the satisfaction of any amounts due the state.

(5) Annual update

Where winnings are withheld annually pursuant to a request in accordance with this section, the commissioner shall notify the Connecticut Lottery Corporation prior to the annual payment date of any reduction in the child support debt attributable to collections obtained in any manner other than the withholding of lottery winnings.

(Effective November 28, 1994; Amended June 8, 1998)