The State of Vermont utilizes a mathematical calculation to determine how much child support a child should receive according to their government page on child support resources. The calculation is referred to as the “child support guideline.” The calculation takes into account what parents in Vermont usually spend to raise a child.
Additionally, it considers many other factors, including the income of both parents and the amount of time the child spends with each parent. For example, you have other children with a different parent, that will also be considered.
The Office of Child Support has an online child support calculator on the Vermont Department for Children and Families on their website. For the majority of families, the court will order the amount calculated based on the child support guideline. Some parents earn much more or much less than the calculator expects.
If that is true for your family, you can request the court to consider the following factors to set a different amount of child support:
- Financial resources of the child;
- Financial resources of the custodial parent;
- Financial resources and needs of the noncustodial parent;
- Standard of living the child would have enjoyed if the parents had continued to reside together;
- Physical and emotional condition of the child;
- Educational needs of the child;
- Educational needs of either parent, if the education will increase the earning capacity of the parent;
- Extraordinary travel expenses needed for visitation (“parent-child contact”);
- Inflation and;
- Any other reason the judge or magistrate deems necessary.
Sometimes, as part of child support, a court will order money for the custodial parent. This is referenced as the child support maintenance supplement and it is different from Spousal Maintenance (Alimony).
How Can You Modify the Child Support Order?
The court will alter a child support order only if there has been a real, substantial, and unanticipated change of circumstances. The following showcases some scenarios of real, substantial, and unanticipated changes in circumstances:
- A parent starts receiving workers’ compensation, unemployment compensation, or disability benefits;
- The amount that was ordered is more than 10% under or over the current guideline amount. This usually occurs if one parent’s income has changed substantially since the child support order was made;
- A parent begins receiving public benefits;
- A parent is been imprisoned for more than 90 days unless they are in jail for failing to pay child support;
- A child has reached the age of 18 and finished high school and;
- If the child support order has not been changed for at least three years, you can request the court to modify it without you having shown a real, substantial, and unanticipated change in circumstances.
However, It is not considered a change in circumstances if a parent voluntarily quits their job or chooses to reduce their income to decrease the amount of child support they have to pay. A child support order must be adhered to until it is changed. The court will not change the order retroactively although it could rule that any or all arrears do not need to be paid.
What Happens When the Parents Fail to Pay?
The Office of Child Support at the State of Vermont can assist you to collect child support that is owed to you. The Office of Child Support can do various things to enforce the child support order depending on the situation. They are allowed to take money from tax refunds, place liens on property or request the suspension of any type of license. Licenses subject to the suspension include driving licenses, professional licenses, and hunting and fishing licenses.
You may also file a Motion to Enforce Child Support and Affidavit with the family court to enforce your child support order. You are mandated to provide information so that the court can decide why the support was not paid and can calculate how much is due.
If the paying parent is delinquent in paying child support, the child involved will suffer. Vermont law requires that child support be withheld from wages if any payment is made later than seven days or more. Moreover, child support orders can be enforced in other ways. There are serious consequences for not abiding by the court order.
If the other parent stops making the full child support payments ordered by the court, you have two options:
- You can go return to the court that issued the order and file a motion seeking the court to enforce the order. In some cases, if the other parent has already failed to pay after an enforcement order, you can request the court to find the other parent in contempt of court and;
- You can reach out to the Office of Child Support for assistance or you can go to the Office of Child Support Website.
Furthermore, contempt is willful disobedience of a court order to pay child support when the paying parent could pay. If a parent has done everything possible to pay what the court order mandates, but still has been unable to fully comply, the court will not rule that the parent is in contempt. However, if the court decides that a parent failed to comply and could have paid, the court can impose sanctions. Keep in mind that sanctions may lead to some jail time if the amount is not paid.
On another note, If the other parent does not pay the court-ordered child support, you can file a Motion to Enforce Child Support along with an affidavit. A Motion to Enforce is a written request that the court enforces the support order. An affidavit (sworn statement) needs to be attached to your Motion to Enforce. Your affidavit must outline how the other parent has violated the order. You need to sign the affidavit in front of a notary public because you will be swearing to the truth and accuracy of your statements.
What Occurs at the Enforcement Hearing?
At the enforcement hearing, the court will question whether support has been paid as ordered and, if not, how much is due. If there is an issue about who paid what, the parents will be required to show records. These may include copies of canceled checks or other proof of payment. Once the court has determined the amount that has not been paid, it will order the repayment. If the paying parent can pay all the back support, the court can order a lump sum payment. If a lump-sum payment cannot be ordered, the court will grant a payment plan.
If the paying parent is unemployed at the time of the enforcement hearing, the court can demand the parent to seek work immediately. The paying parent may also be mandated to report to the court, the other parent, or the Office of Child Support on an ongoing basis regarding the good faith efforts to seek employment. If the parent fails to search for work, the court can rule the parent in contempt.
If the court decides that the paying parent deliberately failed to pay the support as ordered, the court can order up to a 10 percent penalty on amounts overdue by more than 30 days. Additionally, the court can order the delinquent parent to reimburse the parent who was entitled to the support for attorney’s fees or other costs incurred for attending court to enforce the child support order.
When Do I Need to Contact a Lawyer?
If you live in Vermont and are having issues with child support it may be useful to seek out the local Vermont child support attorney to assist you in the case.
