Child Support

The State of Vermont uses a mathematical calculation to determine how much child support a child should get. The calculation is often called the “child support guideline.”

The calculation takes into account what parents in Vermont ordinarily spend to raise a child. It takes into account many factors, including the income of both parents and the amount of time the child spends with each parent. If 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 website. Use it to figure out what your child support payments are likely to be. If you have problems with the calculator, contact the Office of Child Support at 1-800-786-3214.

For most 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 ask the court to consider the following factors to set a different amount of child support:  

1. the financial resources of the child
2. the financial resources of the parent who has custody
3. the financial resources and needs of the parent who does not have custody
4. the standard of living the child would have enjoyed if the parents had continued to live together
5. the physical and emotional condition of the child
6. the educational needs of the child
7. the educational needs of either parent, if the education will increase the earning capacity of the parent
8. extraordinary travel expenses needed for visitation (“parent-child contact”)
9. inflation
10. any other reason the judge or magistrate finds important

Sometimes, as part of child support, a court will order money for the “custodial parent” – that is, the parent who has custody. This is called a child support maintenance supplement. This is different from Spousal Maintenance (Alimony).

If your child gets a Social Security check because a parent is disabled or elderly, that amount is part of the child support calculation. Normally the amount is deposited into a bank of the custodial parent.

If your child gets income because your child is disabled, it may affect the calculation of child support.

If your income is very low and you can’t afford to pay child support, the court will probably still order a small amount of child support. This is usually $50 per month.

The court will modify (change) a child support order only if there has been a real, substantial and unanticipated change of circumstances.

The following examples are “real, substantial and unanticipated changes in circumstances”:

1. A parent starts receiving workers’ compensation, unemployment compensation or disability benefits.
2. The amount that was ordered is more than 10% under or over the current guideline amount. This usually happens if one parent’s income has changed substantially since the child support order was made.
3. A parent starts receiving SSI, Reach Up or other means-tested public benefits.
4. A parent is incarcerated for more than 90 days, unless they are in jail for failing to pay child support.
5. A child has turned 18 and finished high school.

If the child support order has not been modified for at least three years, you can ask the court to modify it without you having shown a real, substantial and unanticipated change in circumstances.

It is not a change in circumstances if a parent quit their job or chooses to reduce their income in order to decrease the amount of child support they have to pay.

If you think the order should be changed, you can ask the court to modify child support. You do this by filing a written request (called a “motion”) with the Family Division of Superior Court. The court clerk can give you the necessary forms, or you can use these: the Motion to Modify Child Support form and Affidavit. You can fill them out by hand. You can also complete the forms online and print them out when you are done. You will need to sign the forms in front of a notary and have the notary sign. The court clerk is a notary.

A child support order must be followed until it is changed. The court will not change the order retroactively although it could decide that any or all arrears do not need to be paid.

The Office of Child Support (OCS) at the State of Vermont can help you collect child support that is owed to you. You can call them at 1-800-786-3214 or visit the OCS website.

The Office of Child Support can do different things to enforce the child support order depending on the situation. They can take money from tax refunds, place liens on property or request the suspension of any type of license. Licenses subject to suspension include driving licenses, professional licenses and hunting and fishing licenses.

You can also file a Motion to Enforce Child Support with the family court to enforce your child support order. You must provide information so that the court can decide why the support was not paid and can calculate how much is due.

Legal Services Vermont and Vermont Legal Aid cannot help you with questions about child support.

Contact the Vermont Office of Child Support or the Vermont Bar Association Lawyer Referral Service online or by phone at 1-800-639-7036.

Also visit the Vermont Judiciary website for child support information.