Vermont State Law
A. General/Program-At-A-Glance
A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)? |
Vermont has 6 regional IV-D offices, and one central office. |
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only? |
No |
A2.1. If yes, what is the statutory citation? |
N/A
For Additional Information - No Link Provided |
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship? |
No |
A2.3. If yes, please explain. |
N/A |
B. UIFSA
C. Reciprocity
C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.) |
Vermont has a state-level agreement with Quebec. |
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
C1.2. If yes, please explain. |
N/A |
C2. Has your state established reciprocity with any Native American tribal courts? |
No |
C2.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A |
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? ** |
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) ** |
D. Age of Majority
E. Statute of Limitations
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Judicial. |
I1.1. If your state can establish under both, under what circumstances would the administrative process be used? |
I1.2. Under what circumstances would a judicial process would be used? |
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures. |
For Additional Information - No Link Provided |
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)? |
Both the income of the obligor and the obligee are considered.
For Additional Information - No Link Provided |
I3. What criteria for rebutting your presumptive guidelines have been established in your state? |
Deviation criteria are set forth in 15 VSA 659. (Ten factors within the Court's discretion)
For Additional Information - No Link Provided |
I4. Will your state establish support orders for prior periods? |
Yes |
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
From the date the obligor knew the child was the obligor's biological child and upon showing that the obligee made diligent attempts to establish. |
I4.2. What information or documentation does your State require to proceed? |
Notice to the obligor, written evidence the obligor had knowledge of the child, evidence of the obligee's efforts to establish.
For Additional Information - No Link Provided |
I4.3. Will your state allow a petition for support when the only issue is retroactive support? |
No |
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Retroactive support may be considered, but must be very factually specific. Must have sufficient evidence that the father had knowledge of the child, and mother made diligent effort to establish. |
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support? |
For Additional Information - No Link Provided |
I6. What is your state's statutory authority for the administrative process? |
For Additional Information - No Link Provided |
I7. Is there a local state law that allows an interstate administrative subpoena? |
For Additional Information - No Link Provided |
I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child? |
For Additional Information - No Link Provided |
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended? |
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification? |
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established? |
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee? |
I14. What methods of personal service does your state use? ** |
I15. Does your state send and receive pleadings and documents electronically in international cases? ** |
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. ** |
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? ** |
I17. Please provide the relevant statutory or case law citation. ** |
For Additional Information - No Link Provided |
I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? ** |
I18.1 If yes, indicate the appropriate responses. ** |
J. Support Enforcement
J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both). |
J1.1. Are your state income tax refund procedures judicial, administrative, or both? |
Administrative. |
J2. Is the lien process in your state judicial, administrative, or both? |
Both. |
J2.1. What are the trigger criteria for filing a lien? |
Court Order is 30-days old with no appeal pending. Debts must be greater than 1/12th of annual obligation. (4-d policy: debt must be over $1,000)
For Additional Information - No Link Provided |
J2.2. Where are your state liens filed? |
Town and/or City Clerks |
J2.3. Does your state charge a fee for filing a lien? |
Yes |
J2.4. If yes, please indicate the amount. |
$8.00 per page. |
J.3. Does your state enforce property seizure and sale? |
No |
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both? |
State law allows judicial or administrative process to be used. |
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support? |
When case is three months in arrears. |
J4.2. Does your state's income withholding definition include amounts in financial institutions? |
For Additional Information - No Link Provided |
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent? |
Yes |
J4.3.1 If yes, who notifies the NCP, the state or the financial institution? |
The State |
J5. What are the time frames if a new notice of intent to freeze and seize must be sent? |
After assets are frozen. |
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state? |
No minimum delinquency amount. Support must be in excess of one-quarter of the annual obligation. |
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure? |
The arrears must be in excess of one quarter of the annual obligation.
For Additional Information - No Link Provided |
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize? |
Statute is silent on issue. |
J5.3.1. If yes, please provide the time frame. |
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize? |
No |
J5.4.1. If yes, provide the percentage. |
J5.4.2. Is the percentage different for joint accounts? |
No |
J5.4.3. If yes, describe. |
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount. |
Savings of $700.00, checking accounts of $2,000.00, and retirement accounts of $5,300.00./ |
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution? |
The financial institution. |
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action? |
Twenty (20) days from the date the obligor was served notice of the freeze.
For Additional Information - No Link Provided |
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action? |
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action? |
For Additional Information - No Link Provided |
J5.10. Is your state's complaint review process judicial, administrative, or both? |
Administrative. |
J5.11. What are your state's penalties for incorrect seizures? |
$500 per occurrence. Penalty will be passed to requesting IV-D agency. |
J5.12. Is the second challenge administrative, judicial, or both? |
Judicial |
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
20 days from receipt of notice. No unique requirements. Non-debtor has appeal rights |
J5.14. Is the freeze and seize operation in your state centralized or automated? |
Centralized. |
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile? |
None. |
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)? |
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets. |
For Additional Information - No Link Provided |
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period? |
Yes
For Additional Information - No Link Provided |
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency? |
No specific timeframe.
For Additional Information - No Link Provided |
J6. Does your state withhold state funds or benefits? |
Yes |
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both? |
Administrative |
J7. Describe any other administrative enforcement procedures your state may have. |
Administrative wage withholding, Administratively increasing the withholding in order to collect arrearages. Issuing administrative garnishment orders. |
J8. Describe any other judicial enforcement procedures your state may have. |
Civil remedies, trustee process, assets in escrow, contempt, work search. |
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
No existing procedures in place, but we could do with certified copy of the order, month by month account of payments, location of property (town, book, and page number).
For Additional Information - No Link Provided |
J10. Which of your state's enforcement remedies are available without judicial actions? |
All administrative remedies. |
J11. Describe your state's procedures for registering and enforcing another state's order. |
In the event that administrative enforcement remedies are not available, a Notice to Register is filed at the same time a motion for enforcement or a transmittal #1 is filed with the tribunal. Contest to the registration is heard before the judicial officer prior to the enforcement. |
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order. |
Contempt, seek work orders are possible. |
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
No |
J13.1. If yes, provide the statutory citation. |
For Additional Information - No Link Provided |
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
No. |
J15. To which credit bureaus does your state report an obligor's child support information? |
J16. Is the method for credit bureau reporting judicial, administrative, or both? |
Transunion;Equifax;Experian |
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI. |
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc. |
J19. What documentation does your state require to proceed with an AEI request? |
J20. What mandatory data elements does your state need to process AEI requests? |
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm |
J21. Which additional data elements would aid your state in processing AEI requests? |
MSFIDM No instate bank matches Worker's compensation CSLN OCSE data matches for Title II pending, insurance etc. Lottery Offset programs - Federal and State |
J22. How many copies/sets of documents does your state require with an AEI request? |
If VT and the other state agency has case between them, Transmittal #2 requesting enforcement administratively OCS VT will process MSFIDM matches on limited services cases if VT does not have case/account. Transmittal #3 is needed, if case meets OCS VT would file. |
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM? |
All requests must include the institutions name, full address, account number and claim number provided on Transmittal with a certified copy of a payment history with identified balance or certified copy using the general testimony accounting. |
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states? |
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required. |
One copy of the transmittal and one certified original pay history or full case accounting using general testimony form, if the state submitting holds the record. |
J25. What is the procedure for obtaining a certified copy of a court order? |
J26. What is the procedure for obtaining a certified payment record? |
J27. Is there a cost for requesting a certified copy of a court order or payment record? |
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption? |
J29. What triggers a driver's license revocation? |
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license? |
J29.2 If yes, what is the amount? |
J30. Under what conditions may a noncustodial party restore the driver's license? |
J30.1 What is the process for restoring a driver's license? |
J31. Does your state allow temporary or conditional driver's licenses? |
J31.1 If yes, what are the conditions? |
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement. |
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset? |
J33.2 What is the dollar amount? |
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match? |
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset? |
J36.2 What is the dollar amount? |
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match? |
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
J38.2 What is the dollar amount? |
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial? |
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP? |
K. Modification and Review/Adjustment
K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)? |
TANF cases are reviewed every three years. Non-TANF cases are reviewed at any time at the request of either party.
For Additional Information - No Link Provided |
K2. Briefly describe your state's modification procedure. |
TANF cases are reviewed every three years. Non-TANF cases are reviewed at any time at the request of either party. |
K3. What are your criteria for modification (for example, $50 or 20% from present order)? |
Judicial procedure. Petitioner has burden to show real, substantial and unanticipated change of circumstance. |
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
K4.1. The earnings of the obligor have substantially increased or decreased. |
K4.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
K4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
Yes |
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
No |
K4.6. There has been a substantial change in childcare expenses. |
Yes |
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
K5. Does your state have cost of living adjustments (COLAs) for orders? |
K5.1. If yes, what index does your state use? |
K6. How does your state credit SSA disability to current and past-due support? |
Some orders contain provisions for cost of living increases. |
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc. |
K7.1. If yes, explain the circumstances? |
K7.2. What is the statutory citation for your abatement law? |
For Additional Information - No Link Provided |
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
For Additional Information - No Link Provided |
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
K8. What information does your state require to register an out-of-state order for enforcement/modification? |
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support? |
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only? |
Yes |
K10. What circumstances will cause your state to end child support before the normal duration? ** |
L. Payments
L1. Does your state define a lump sum payment? |
No |
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.). |
L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
L2. Does your state law require employers to report lump sum payments? |
No |
L2.1 If yes, give the statutory citation or rule. |
For Additional Information - No Link Provided |
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)? |
No |
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
L4. How are employers instructed to report a pending lump sum? |
In writing. |
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum? |
As defined by the employer. |
L6. Does your state use the income-withholding order to attach the lump sum payment? |
No |
L7. Does your state use the lien/levy process to attach lump sum payments? |
No |
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments? |
L8. What other documents does your state use to attach lump sum payments? |
Vermont has established forms that must be used per Vermont Law. |
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit? |
Trustee process. |
L9.1. If yes, what are those limits? |
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment? |
For Additional Information - No Link Provided |
L9.3. If yes, what are those limits? |
No more than the amount determined to be delinquent. |
L9.4. If no, what percentage is the employer required to withhold? |
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply? |
L10.1 If yes, would the employer only withhold for that period's obligation? |
L11. Does your state have a direct deposit program? |
L11.1 If so, specify the vendor. |
L12. Does your state have a debit card program? |
L12.1 If so, specify the vendor. |
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)? |
L13.1 If so, are there fees involved? |
L14. What are the fees associated with using the card? |
L15. How does your state collect child support payments from an obligor? ** |
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? ** |
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? ** |
L18. Does your state process electronic payments in international cases? ** |
L18.1 If so, describe the process. ** |
L19. What is your state's International Bank Account Number (IBAN)? ** |
M. Insurance Match
N. Case Closure
N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15) |
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case? |
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17) |
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18) |