Vermont Child Support Laws
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There are specific child support guidelines that will determine how much child support should be paid. Child support typically can't be waived by the parents, although a judge might decide this on a case-by-case basis, looking at all factors. If you and your spouse agree to an amount of child support that's different than the guidelines would order, the judge will decide if that amount is in the child's best interests.

Laws that Allow for Deviation from the Guidelines.
The total support obligation shall be presumed to be the amount of child support needed. If, after consideration of the following factors, the court finds that application of the guidelines is unfair to the child or to any of the parties, the court may adjust the amount of child support:

(1) The financial resources of the child.

(2) The financial resources of the custodial parent.

(3) The standard of living the child would have enjoyed had the marital relationship not been discontinued.

(4) The physical and emotional condition of the child.

(5) The educational needs of the child.

(6) The financial resources and needs of the noncustodial parent.

(7) Inflation.

(8) The costs of meeting the educational needs of either parent, if the costs are incurred for the purpose of increasing the earning capacity of the parent.

(9) Extraordinary travel and other travel-related expenses incurred in exercising the right to parent-child contact.

(10) Any other factors the court finds relevant.

-From § 659 of the Vermont Statutes.

 

Adjustment for Additional Dependents.
The court may adjust the obligor's income if the obligor has additional dependents. However, in a modification proceeding, the court shall not adjust the amount of the child support obligation because of additional dependents, to the extent that it contributes to a support order lower than a previously existing support order for the children who are the subjects of the modification hearing.

-From § 656a of the Vermont Statutes.

 

Child Support Guidelines for Shared or Split Physical Custody.
The child support guidelines have a specific formula for computing child support when the parents have shared or split physical custody. The basic child support obligation should be increased by 50 percent, and each parent's obligation will be calculated based on their respective incomes. The lower obligation will be subtracted from the higher obligation, and that will be the amount that parent should pay.

-From § 657 of the Vermont Statutes.

 

College Expenses.
If the parties agree, the court may include in the child support order an additional amount designated for the purpose of providing for postsecondary education

-From § 659 of the Vermont Statutes.

 

Immediate Income Withholding.
All child support orders must include an order for immediate wage withholding, unless the court finds good cause not to order immediate wage withholding or the parties have entered into an alternative arrangement by written agreement which is affirmatively stated in the order. In determining good cause, the court may consider a history of financial responsibility toward the family and the absence of any threat by the obligor to withhold financial support from the family.

-From § 781 of the Vermont Statutes.

 

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Other pages on Vermont divorce laws:
General Vermont Divorce Laws
Alimony Divorce Laws in Vermont
Vermont Child Custody Laws
Vermont Child Support Laws
Vermont Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Vermont statutes. You can find the full-text version of these and other Vermont divorce statutes online here: Vermont Divorce Laws (when you get there, click on "Vermont Statutes" then "Title 15, Domestic Relations").