Vermont Child Support

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Vermont child support is affected by Federal Law. Federal laws and regulations implemented by the Federal Government compel the states implement certain laws pertaining to child support for Alabama to continue to receive Federal Funding. The Federal Laws are based upon a substantial body of research pertaining to the amount of support provided to children in intact families at different income levels. These laws also govern the realm of support collection and enforcement in the various states.

Vermont child support is based upon official guidelines for the calculation of child support. The amount arrived at under the Vermont child support guidelines is presumed to be correct, unless they are shown to be unfair under the circumstances. In calculating Vermont child support, the Court will consider the following factors: (1) the financial resources of the child; (2) the standard of living the child would have enjoyed if the marriage had not been dissolved; (3) the physical and emotional conditions and educational needs of the child; (4) the financial resources, needs, and obligations of both the non-custodial and the custodial parent; (5) inflation with relation to the cost of living; (6) the costs of any educational needs of either parent; (7) any travel expenses related to parent-child contact; and (8) any other relevant factors.

While child support in Vermont is most often calculated during a separation or divorce, it can also be decided any time the parents are not residing together. Before awarding child support, the Vermont Court will require the issuance of a custody Order. Courts can, and frequently do, issue temporary orders of custody and child support pending a final determination.

You may request a Vermont child support Order by filing a Petition for child support. At the time you file a Petition, the Court will also require you to file an Affidavit of Income and Assets and a Child Support Guidelines worksheet. Once the necessary paperwork has been filed, the Family Court will provide notice to all of the parties and schedule the first Court appearance, known as a "case manager conference." All of the parties will be required to appear in Court at the scheduled time. A failure to appear may result in a default judgment against the absent parent.

To assist you in obtaining a Vermont child support order, Vermont has an Office of Child Support. A representative of this Office will appear in Court at hearings involving the establishment of paternity and contempt charges and can also attend case manager conferences and hearings when: (1) the custodial parent receives public assistance and has assigned his or her rights of support to the Office of Child Support, (2) when either parent has requested services from the Office of Child Support, and (3) when the Court requests the Office of Child Support to provide documentation on child support payments or arrears. If the Office of Child Support is involved in your case, you should keep in mind that the Office does not represent the interests of either party but actually represents the interests of the State of Vermont.

Once a Vermont child support order has been issued, either party may request a change (known as a "modification") by filing the appropriate request in Family Court. In determining whether a Vermont child support order should be modified, the Court will consider whether there has been a substantial change in circumstances. The Court will also review the Vermont child support Order every three years at the request of either party.

To request a modification of your Vermont child support Order, you must file a Petition to Modify with the Family Court. As with an initial Petition for support, the Court will notify both parties of the filing and schedule an initial case manager conference to afford the other party the opportunity to challenge the proposed modification. As with the initial child support petition, both parents will be required to provide financial information and other relevant documents to the Court.

In Vermont, child support is generally paid until the child reaches the age of eighteen years, at which point the child will be deemed "emancipated" and the support obligation will end.