Parents in Vermont who pay or receive child support often have questions about how long these payments last and if they can ever be stopped or canceled. Many parents wonder, “Can child support be dropped in Vermont?” The answer is that it depends on the situation.
Getting child support dropped or ended in Vermont is not easy or automatic. There is a legal process that must be followed. In most cases, the parent ordered to pay support remains responsible for making payments until the child turns 18 and finishes high school. However, there are some exceptions where child support may end earlier or extend longer.
When Is Child Support Ordered?
In Vermont, like other states, both parents have a duty to financially support their children. When parents get divorced or have a child outside of marriage, the court will typically order one parent to pay child support to the other parent. This ensures the child’s needs are met in both homes.
Vermont uses special guidelines to determine how much child support a parent will pay. These rules look at both parents’ incomes, the child’s living arrangement, and other factors to calculate a payment amount. The goal is to make sure the support order is fair and in the child’s best interests.
How Is a Child Support Award Enforced?
Once the court orders child support in Vermont, that order must be followed. If the parent fails to pay, the Office of Child Support (OCS) can take action to collect the money owed. This may include:
Taking Money Directly From the Parent’s Paycheck
One way the OCS enforces child support is by withholding money straight from the paying parent’s wages. The employer must deduct the support amount from each paycheck and send it to the OCS, which then distributes it to the receiving parent. This ensures the payments are made regularly.
Intercepting Tax Refunds or Lottery Winnings
If a parent is behind on child support, the OCS can intercept or seize money that would otherwise be sent to that parent. This includes taking federal and state income tax refunds the parent would receive. Any lottery or gambling winnings can also be intercepted and applied to the owed child support.
Putting Liens on Property
The OCS has the power to put liens on a parent’s property if they fail to pay court-ordered child support. A lien is a legal claim against property, such as a house or car, that can prevent the owner from selling it. With a child support lien in place, the parent may have to pay the overdue support before they can sell the asset.
Suspending the Parent’s Driver’s License or Professional Licenses
Parents who do not pay child support can also lose important licenses. The OCS can arrange to have the parent’s driver’s license suspended, which makes it illegal for them to drive. If the parent has a professional license, such as a license to practice law or medicine, that can also be suspended due to unpaid child support.
Failing to pay court-ordered child support has serious consequences. The parent could face fines, damaged credit, or even jail time in extreme cases. That’s why it’s important for parents to stay on top of their child support obligations.
How Can I Avoid a Child Support Increase?
Sometimes, the parent receiving child support in Vermont will go back to court and ask for the payment amount to be raised. This is called a modification. The court may agree to increase support if the paying parent’s income has gone up a lot or the child’s needs have significantly increased.
To avoid a child support increase, the paying parent needs to show their financial situation has not substantially improved since the original order was put in place. Providing proof of income and expenses can help make the case against raising the payment amount.
How Can I Stop Paying Child Support?
In general, a parent must continue paying child support in Vermont until the child turns 18 and graduates from high school. However, there are a few scenarios where payments may be stopped early:
- The parents agree to end child support and the judge approves
- The child becomes legally emancipated before age 18
- The paying parent’s rights are terminated, such as after an adoption
- The court modifies the order due to a big change in circumstances
Sometimes, a parent may fall behind on child support, leading to unpaid retroactive child support, also called arrears. But even if the child is grown, those past due amounts must still be paid. The only way to erase child support arrears is by asking the court to dismiss them.
To understand more about stopping child support in Vermont, it helps to know how support is ordered in the first place and what it takes to change or end a support order. A local attorney in Vermont who focuses on Vermont divorce and child support issues can provide guidance on your specific case.
Do Child Support Payments End Automatically?
No, child support in Vermont does not automatically end when the child turns 18 or graduates. The paying parent must continue following the court order until it is legally changed. If the parent stops paying without getting the order modified, they will build up unpaid support and may face enforcement action.
Some parents have an agreement for child support to continue past age 18, such as to help with college costs. In those cases, the obligation would extend even longer. The court order spells out exactly how long payments must continue.
How To Get Child Support Arrears Dismissed
When a parent owes past due child support, getting rid of that debt is not easy. In extreme situations, the court may agree to dismiss or forgive child support arrears. This usually only happens if:
- The parent has a serious illness or disability
- The parent has been in jail or prison
- The arrears are owed to the state, not the other parent
- The parent has made efforts to pay but is still struggling
To get arrears dropped, the parent must file a motion to dismiss child support arrears with the court. Then, the judge reviews the case and decides whether or not to stop child support if it’s appropriate under Vermont law (15 V.S.A. § 662).
Your lawyer can review your child support in Vermont order and discuss your options for modification or termination. They can help you understand the legal standards that apply, such as the child’s best interests standard, and put together a strong case for the changes you are seeking. If you owe back child support, your attorney can also advise you on defense strategies and reasons to close a child support case in Vermont.
Calculating child support, changing payment amounts, or ending the obligation altogether is complicated in Vermont. The laws have very specific rules and procedures that must be followed. If you need help with any of these issues, it’s best to contact an experienced local attorney in Vermont who understands this area of law.
Do I Need a Lawyer for Help With Terminating Child Support?
Yes. Whether you are a parent receiving support or one making payments, it’s important to have skilled legal counsel on your side. With so much at stake for your finances and your child’s well-being, trying to stop child support or change an order on your own is risky. Protect yourself and your child by consulting with a trusted Vermont child support lawyer.
