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
| B1. What is the statutory citation for your state's UIFSA? |
|
15B V.S.A. 1101 et. seq.
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| B2. How many copies or sets of documents does your state need for an intergovernmental case referral? |
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
| D1. What is the age of majority in your state? |
| 18 |
| D2. What is the statutory citation for the age of majority? |
|
1 VSA 173
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| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
| 18 or the termination of secondary education, whichever is later. |
| D4. Does the date of the order determine the law that is applied? |
| Yes |
| D4.1. If yes, please explain. |
| Instruments executed prior to July 1971 used the age of 21 as the "age of majority." |
| D5. Does child support end if the child leaves the household, but does not emancipate? |
| No |
| D5.1. Optional comments regarding emancipation. |
| Has not been addressed by the VT Supreme Court. |
| D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)? |
| Yes |
| D6.1. If yes, please explain. |
| Only if stipulated by the parties. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| N/A |
| D8. Does your state accept a application from a party after all of the children on the case have emancipated? |
| D8.1 If not, how does this affect interstate referrals? |
E. Statute of Limitations
| E1. What is your State's statute of limitations for collection of past-due support? |
|
Cases with an order, but no adjudicated arrearage: an action to adjudicate arrears must be taken within 6 years after the youngest child reaches 18 years of age. Cases in which arrearages have been previously adjudicated: the limit is 8 years after the last adjudication.
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| E2. What is your State's statute of limitations for paternity establishment? |
|
No later than when the child reaches 21.
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| E3. Is dormancy revival/renewal possible? |
| Yes |
| E3.1. If yes, please explain the circumstances when it's possible and how long it's possible. |
|
Enforcement actions in accordance with 15 VSA 606(c) and judgment liens in accordance with 15 VSA 791(f). Statutes available at www.leg.state.vt.us/statutes/titles.htm
For Additional Information - No Link Provided |
F. Support Details
| F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)? |
|
Shared income model. 15 VSA 650, 654, 656.
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| F2. Does your state charge interest on arrears? |
| Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
Effective 1/1/2012, surcharge at the rate of 6% per annum (simple not compounded)is calculated on all past due arrears, whether adjudicated in Family Court or not. In the interest of justice, the court may discharge all or part of the surcharge that accrued subsequent to the date of the last judgment if the obligor can demonstrate an inability to comply with the underlying obligation. 15 V.S.A. sec. 606(b),(d).
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| F3. Does your state charge interest on retroactive support? |
| No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| F4. Does your state charge interest on adjudicated arrears? |
| Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
As a matter of policy, OCS is not currently charging interest in Vermont TANF cases. In Non-TANF cases, surcharge is charged only on past due arrears, which are treated as judgments as a matter of law. 15 V.S.A. sec. 606(b), (d).
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| F5. Will your state enforce a medical debt for 50 percent of the uninsured portion? |
| Yes |
| F5.1. If yes, under what circumstances? |
| If the obligation to reimburse is in the court order. |
| F6. Does your state elect to recover costs or charge fees in your IV-D state plan? |
| No |
| F6.1. If yes, what costs are recovered from or fees charged to the obligee? |
| F6.2. If yes, what costs are recovered from or fees charged to the obligor? |
| None with the exception of DNA testing costs on a case by case basis. |
| F7. Does your state recover costs on behalf of the initiating state? |
| Yes |
| F7.1. Optional comments regarding recovery of initiating state's fees. |
| Vermont will request recovery of cost on behalf of the initiating state, however, court may not order. |
| F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support? |
|
15B VSA 1201
12 VSA 913
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| F9. Does your state establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| OCS will enforce existing spousal maintenance orders that include child support in UIFSA cases. |
| F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07) |
| Only if there is a deviation request from the guidelines. |
| F10.1. Optional comments regarding required information on spouse or partner. |
| If there is a request for deviation, the court may require income and expense information from the spouse or partner |
| F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance? |
| The State covers the fee itself. |
| F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500? |
| No. |
| F11.2 Does your state collect the fee from the person applying for IV-D services? |
| No. |
| F11.3. Does your state collect the fee from the absent parent? |
| No. |
| F11.4. Does your state pay the fee out of its own funds? |
| Yes. |
| F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision? |
| 10-1-09 |
| F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases? |
| Yes, $50 per month |
| F14. Does your state participate in the pass-through in former assistance cases? |
| No |
| F14.1. If yes, provide the date. |
| F15. Will your state discontinue eligible assignments under the DRA of 2005? |
| F15.1. If yes, list the eligible assignments your state would discontinue. |
| PRWORA assignments |
| F15.2. When will your state discontinue each type of assignment? |
| 10-1-2009 |
| F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases? |
| DRA distribution |
| F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
|
As long as there are no other children residing with court-order payee, Vermont may redirect payments to a different payee receiving TANF following notice.
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| F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee? |
|
N/A
For Additional Information - No Link Provided |
| F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
|
Vermont requires that the caretaker file for legal custody or guardianship first and then may seek court-ordered child support by filing to modify the underlying order.
For Additional Information - No Link Provided |
| F17.3. How does your state collect the $25.00 annual fee on never-TANF cases? |
| The IV-D agency covers the fee. |
| F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? ** |
| F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). ** |
| F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT) |
| F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
G. Income Withholding
| G1. What specific source of income is not subject to withholding? |
|
Needs based income: TANF, SSI, VA benefits, adoption subsidies.
For Additional Information - No Link Provided |
| G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G2.1. If yes, what are those limits? |
| G3. What is the allowable fee per pay period employers may charge for processing income withholding payments? |
|
$5.00 per obligor, per month.
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| G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| 10 days or the next pay period, which ever is later. |
| G5. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| 7 business days after withholding. |
| G6. What are your state's procedures for sanctioning employers for not implementing income withholding? |
| Enforcement action may be filed against the employer if it is over 30 days late. |
| G7. What is the penalty to an employer for failure to remit payments withheld? |
|
The employer may be liable for the amount that was not remitted after the initial notice. Also, if over 30 days late, an employer shall be assessed, if without good cause, a civil penalty of not more than $100 for a first violation and not more than $1000 for a second or subsequent violation.
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| G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines? |
| No |
| G8.1. Explain your process for receiving direct withholding orders across state lines. |
|
Vermont may issue an administrative direct withholding order if child support is 1/12 in arrears, or the Vermont court may issue a direct withholding order if 7 days late.
For Additional Information - No Link Provided |
| G8.2. What documents are required to intercept UI benefits? |
| Transmittal #1 requesting enforcement and a certified copy of the order(s). |
| G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines? |
| Yes |
| G9.1. Optional comments regarding direct withholding of WC benefits across state lines. |
| G10. How does an obligor contest income withholding in your state? |
| The obligor may appeal to the Family Court. |
| G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders. |
| The employer is instructed to follow the statute (CCPA), and if available income is less than the combined obligations, amounts are prorated. |
| G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance? |
| Yes |
| G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed. |
|
Effective 07/01/1999, the employer may call 800-786-3214 for employer questions. Employers may designate Vermont OCS as its payment agent and forward withheld wages to OCS instead of to the out-of-state jurisdication provided that payments are received by the office within 5 working days after wages are withheld.
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| G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| When calculating Vermont guidelines, parties receive credit for medical insurance premiums paid on behalf of the child. |
| G13. When does your state require the employer to send notice of an employee's termination? |
|
Within 10 days.
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| G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| No definitive time period under Vermont law. |
| G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state? |
| No |
| G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
|
We are in the process of developing a web-based alternative.
For Additional Information - No Link Provided |
| G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer? |
|
Yes, but Vermont OCS may need to assist in the event the institution does not comply or questions the request.
For Additional Information - No Link Provided |
| G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support. |
|
Child support, then medical.
For Additional Information - No Link Provided |
| G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims? |
| G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation? |
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For Additional Information - No Link Provided |
| G21. Does your state's law require a signature on the income withholding order? |
H. Paternity
| H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation? |
| Yes |
| H1.1. If yes, please explain. |
| Parental rights and responsibilities are decided which may affect the type of guideline calculation. In UIFSA responding cases, the answer is no. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
|
98%
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| H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive. |
|
It is still a rebuttable presumption, but limited to challenges of mistake, inadvertence, excusable neglect, newly discovered evidence and fraud.
For Additional Information - No Link Provided |
| H4. What is the effective date of the state law that makes paternity acknowledgments conclusive? |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
|
For Additional Information - No Link Provided |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
|
Genetic testing.
For Additional Information - No Link Provided |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity? |
| No |
| H6.1. If no, briefly explain. |
|
Vermont statute does not consider the father's name on a birth certificate presumptive.
For Additional Information - No Link Provided |
| H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| H8. Does your state have any other paternity-related presumptions? |
| No |
| H8.1. If yes, briefly explain. |
| H9. Does your state have a putative fathers' registry? |
| No |
| H9.1. If yes, what is the name of that entity? |
|
For Additional Information - No Link Provided |
| H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics? |
| No |
| H10.1. If yes, please describe any circumstances under which these fees may be waived. |
|
For Additional Information - No Link Provided |
| H11. Is common-law marriage recognized in your state? |
| H11.1. If yes, briefly describe the standard that defines common-law marriage. |
| H11.2. When did your current common-law standard go into effect? |
| H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
|
15B VSA 1201
12 VSA 913
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| H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing? |
| H13. Give the statutory citation for your state's long-arm statute and list any special provisions. |
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For Additional Information - No Link Provided |
| H14. Does your state recover genetic testing costs for another state? |
| H14.1. If yes, please explain. |
| H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed? |
| Only one filing is required. |
| H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
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? |
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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? |
| L7. Does your state use the lien/levy process to attach lump sum payments? |
| 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? |
| 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
| M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement. |
|
For Additional Information -
|
| M1.1. Additional information on the CCPA. |
|
For Additional Information - No Link Provided |
| M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support? |
| M2.1. If yes, provide the statutory citation |
|
For Additional Information - No Link Provided |
| M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency? |
|
For Additional Information - No Link Provided |
| M2.2. How long before making a payment to a claimant must an insurer provide information to the agency? |
| M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)? |
| M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program? |
| yes |
| M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)? |
| CSLN fees |
| M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)? |
| M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation. |
|
N/A
For Additional Information - No Link Provided |
| M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law? |
| M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs? |
| Yes. |
| M3.1. Provide the statutory citation. |
|
V.S.A. Title 8
For Additional Information -
|
| M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)? |
| M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both? |
| M5.1. Provide your statutory citation for notifying an NCP of insurance intercept. |
|
V.S.A. 15 SS 799
For Additional Information -
|
| M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation. |
|
V.S.A. 15 SS 799
For Additional Information -
|
| M6. Are there attorney fees associated with the insurance intercept activity? |
| M7. How does another state initiate and intercept collections from your state workers' compensation agency? |
| N/A |
| M7.1. What is the process, the points of contact, and what forms? |
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) |