Section 25-26.Modification of Custody, Alimony or Support
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis section governs modification of custody, visitation, alimony and support — arrearages, citing a parent in, captions, the required statement of factual and legal basis, and the leave requirement a court may impose on later custody motions.
(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 children 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.
End
Amendment 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.)
Plain-English Summary
Modifying while in arrears. Where a person applies to modify alimony pendente lite, alimony or child support while already in arrears under the award, the court must, on hearing, decide whether the arrearage accrued without sufficient excuse so as to be a contempt. It may then decide, in its discretion, whether to order any modification before the arrearage is paid, in whole or in part as it directs.
Bringing a parent in. Either or both parents of minor children may be cited or summoned by any party to appear and show cause why orders of custody, visitation, support or alimony should not be entered or modified.
Without a lawyer. An applicant proceeding without counsel who needs to cite another party signs the application and presents it, with the proposed order and summons, to the clerk. The clerk reviews them and, unless defective as to form, signs the order and summons and assigns a date for a hearing or other court event.
What the motion must say. The caption states clearly whether the motion is pendente lite or postjudgment. The motion states the specific factual and legal basis for the claimed modification and identifies the outstanding order, with its date, that the motion is addressed to. On motions about financial issues, the financial affidavit requirements of Section 25-30 apply.
The leave requirement. On or after a dissolution, legal separation or annulment judgment, or a judgment or final order of custody or visitation on an application under the custody or visitation sections, the court may order that any further motion to modify a final custody or visitation order be appended with a request for leave to file it. The factual and legal basis must then be sworn to by the moving party or someone with personal knowledge. If no objection is filed within ten days of service of the request, the court may decide it with or without a hearing; if an objection is filed, the request goes on the next short calendar unless the court directs otherwise. At that hearing the moving party must demonstrate probable cause that grounds exist for the motion to be granted. If leave is granted, the court may at any time during the motion decide whether discovery or a study or evaluation should be permitted.
The leave mechanism exists because repeated custody litigation is itself harmful to children, and it puts a screening step in front of the motion rather than in front of the courthouse.
Frequently Asked Questions
Can I modify support while I owe an arrearage in Connecticut?
The court must first determine, on hearing, whether the arrearage accrued without sufficient excuse so as to constitute a contempt, and may in its discretion decide whether any modification is ordered before the arrearage is paid.
What must a motion for modification contain?
A caption stating whether it is pendente lite or postjudgment, the specific factual and legal basis for the claimed modification, and the outstanding order and its date.
What is a request for leave to file a custody modification?
Where the court has so ordered after judgment, a further motion to modify a final custody or visitation order must be appended with a request for leave, sworn to, and the moving party must demonstrate probable cause that grounds exist for the motion to be granted.
How long does the other party have to object to a request for leave?
Ten days from the date of service of the request. If no objection is filed, the request may be determined with or without a hearing.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 25-26). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:modifying custody or support ConnecticutPractice Book section 25-26request for leave custody modification CTmotion to modify alimony Connecticutarrearage modification CT family court