Vermont State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| Vermont has five regional IV-D offices, two satellite offices, and one central office. |
| 2. What is the name of your IV-D agency? |
| Vermont Office of Child Support |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
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Judicial and limited administrative enforcement remedies.
For Additional Information - No Link Provided |
| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes, Vermont uses all three. |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
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The age of majority is 18
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| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
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Age 18 or the termination of secondary education, whichever is later.
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| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
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Instruments executed prior to July 1971 used the age of 21 as the "age of majority."
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| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
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Only if agreed to by the parties and approved by the court.
For Additional Information - No Link Provided |
| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
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The emancipation statute would not result in early termination of support.
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| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| No. |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| No. |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| Yes, but only if the child is still enrolled in secondary school, or is disabled and receiving services from the school district in order to complete secondary education or an equivalent program. |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
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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. 15 V.S.A. § 606(c).
For Additional Information - No Link Provided |
| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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There is no limitation on a child bringing an action (15C V.S.A. § 205). A 'child' is defined as a person of any age whose parentage may be determined under this chapter (15C V.S.A § 102(1)(6)).
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| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
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No.
For Additional Information - No Link Provided |
4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
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Income Shares Model. 15 V.S.A. § 654.
For Additional Information - No Link Provided |
| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
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Beginning January 1, 2012, surcharges shall be computed and assessed monthly at an annual rate of six percent and shall not be compounded. All surcharges shall be deemed principal and not interest. Payments received for child support obligations shall be allocated and distributed as follows:
(A) first to current support obligations;
(B) second to arrearages; and
(C) third to surcharge arrears.
(2) In the interests of justice, the court may discharge all or part of a surcharge that accrued subsequent to the date of the last judgment upon a finding that since that date, the obligated parent became unable to comply with the underlying support obligation. The obligated parent shall bear the burden of proving inability to comply. 15 V.S.A. § 606.
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| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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Yes, see above.
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| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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No.
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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| Yes, if the obligation to reimburse is in the court order. |
| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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For Vermont issued child support orders, we require a guardianship order or an order of custody for the foster care placement. The requesting state shall file a UIFSA modification/establish of the Vermont order to change the payee. That is, if the requesting state is seeking support from both parents Vermont will modify the existing order to change the payee and establish an order for the former payee to be obligated to pay support to the new payee.
For Additional Information - No Link Provided |
| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
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No, the new custodial parent must have a valid guardianship/custody order for Vermont to modify the existing order.
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| 7. 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? |
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Yes.
For Additional Information - No Link Provided |
| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
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Yes, if there is a current support order that has not addresses the Auxiliary Benefits our agency will apply monthly credits to the current support for the benefits received directly by the custodial parent. Rathbone v. Course, 2015 VT 73.
For Additional Information - No Link Provided |
| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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The Vermont Court may, upon petition, modify the child support. The Vermont Office of Child Support may independently petition the Court to modify the child support if a party is incarcerated for more that 90 days; if the family has reunited; if the child no longer resides with the payee, or if a party receives means tested benefits. 15 V.S.A. § 660 (2).
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5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
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No. However, custody and visitation must be established in order to calculate child support. In UIFSA responding cases, we would not establish custody and visitation but would instead base child support on the custodial parent having sole custody.
For Additional Information - No Link Provided |
| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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99%.
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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See 15C V.S.A. § 305:
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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Yes. See 15C V.S.A. § 401(a):
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| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
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Valid presumptions of parentage are codified at 15C V.S.A. § 401(a). The father's name appearing on the birth certificate does not in and of itself create a presumption of parentage.
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| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| 15C V.S.A. 401(a) codifies all valid presumptions of parentage (see link above). Subsection (4) creates a presumption of parentage if a person resided in the same household with the child for the first two years of the life of the child, including periods of temporary absence, and the person and another parent of the child openly held out the child as the person's child. |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
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N/A
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| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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We can provide VAPs at no charge.
For Additional Information - No Link Provided |
| 9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
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The Vermont Department of Health, pursuant to 18 V.S.A. § 5017 charges $10.00 for certified copies of a vital event certificate. There is no charge of non-certified birth certificates or death certificates. Pursuant to 15C V.S.A. 311A, only parties who signed the Voluntary Acknowledgement of Parentage, Department for Families and Children and the Family Services Division can request copies. There is no charge for VAPs.
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| 9.1. Describe any circumstances under which these fees may be waived? |
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There are no charges for non-certified copies of documents. And no charges to the parents when they request the VAPs. The fee for a certified copy of a death certificate is waived for the family of a veteran. See Title 14 Decedents Estates and Fiduciary Relations § 3116 Copies of public records to be furnished.
For Additional Information - No Link Provided |
| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
| No. |
| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
| N/A. |
| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
| The initiating jurisdiction would send one governmental packet, with a separate declaration in support of establishing paternity for each child. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| Judicial. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
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N/A
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| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
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All except for when applying limited administrative enforcement remedies.
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
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The custodial parent. 15 V.S.A. § 656(a).
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| 2.1. What documentation is required as proof/evidence of this information? |
| The parties four most recent paystubs, last two years income tax returns, business records, statement of any benefits received, and statements of any other income. 15 V.S.A. § 653. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
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Either party may request a deviation from the child support guideline pursuant to 15 V.S.A. § 659.
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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
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Support can only be retroactive to the date of filing.
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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None.
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| Yes, only to the date of filing. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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N/A.
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| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
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Yes.
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| 5.1. What about when public assistance is not being expended? |
| Yes, the guardian must have an order of guardianship or custody. |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
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Modification of support when the Vermont Court issues a zero support order that effectively reserves support.
For Additional Information - No Link Provided |
| 7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
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Yes.
For Additional Information - No Link Provided |
7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
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We cannot withhold from means tested benefits, SSI and veteran's benefits. 15 V.S.A. § 780(8)-(9).
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| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
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Yes. "A wage withholding order shall require an employer to withhold a periodic amount of child support up to the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b))" 15 V.S.A. § 785(b).
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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No.
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| 2.2. What are the withholding limits for non-employees? |
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Support obligations for independent contractors/self-employed obligors are established using the support guideline, calculating available income based on actual cash flow. The maximum FICA Coverage Wages or Self-Employment Income is currently $13,350.00 per month. The maximum Self-Employment Adjustment is currently $1,021.28 per month. See:
https://dcf.vermont.gov/ocs/parents/calculator
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| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
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$ 5.00 per month from the obligor's wages. 15 V.S.A. § 787(b).
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| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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No.
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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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Receipt.
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| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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10 days or the next pay period, whichever is later.
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| 6. When must an employer remit amounts withheld from an employee's pay? |
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Within seven working days after withholding.
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| 7. What are your state's sanctions for employers for not implementing income withholding? |
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The employer would be liable to the obligee in the amount of the wages required to be withheld. If an employer, without good cause, fails to forward payment to the registry for more than 30 days they shall be assessed a civil penalty of not more than $100.00 for a first violation and not more than $1,000.00 for a second or subsequent violation.
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| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
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Not more than $ 100.00 for a first violation and not more than $1,000.00 for a second or subsequent violation.
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| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
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No.
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| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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The other state would have to send a UIFSA request for limited services.
For Additional Information - No Link Provided |
| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
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No.
For Additional Information - No Link Provided |
| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
| There is no incoming withholding from a financial institution with an IWO. Please see "Financial Institution Attachment" section. |
| 10. How does a noncustodial parent contest an income withholding in your state? |
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An obligor can contest at a hearing, on appeal or in the method prescribed under 15 V.S.A. § 782(a)(4).
For Additional Information - No Link Provided |
| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| The payments are prorated among the noncustodial parent's cases. |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
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Available income means gross income less the following items:
1. The amount of spousal support or preexisting child support obligations, including any court-ordered periodic repayment toward arrearages, actually paid.
2. The actual cost to a parent of providing adequate health insurance coverage for the children who are the subject of the order.
3. The actual cost to a parent of providing adequate health insurance coverage or a cash contribution for the children who are the subject of the order.
4. FICA taxes.
5. State and federal income taxes
6. Additional housing and/or mandated out-of-pocket costs in cases where a child is in the custody of the Department for Children and Families (DCF) and the plan is to reunite the child with the parents.
For Additional Information - No Link Provided |
| 13. When does your state require the employer to send notice of an employee's termination? |
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Within 10 days of the date the obligor's employment is terminated.
15 V.S.A. § 787(a)(5).
For Additional Information - No Link Provided |
| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
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Payments apply toward the current support obligation until the obligation is satisfied for the month.
For Additional Information - No Link Provided |
8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| Yes, Vermont's Economic Services Division currently passes through $50 in current assistance cases. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No. |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| Families first. |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| Payments will apply first to Vermont debt, then disburse to the other state's debt. |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
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Vermont would allocate payments across all the noncustodial parent's cases.
For Additional Information - No Link Provided |
9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| Financial institutions/bank liens. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| We request that other states send a full Transmittal #1 and action request. |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
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The Vermont Office of Child Support does not currently report to credit bureaus.
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| N/A |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| N/A |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| N/A |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| No. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes. The minimum required past-due amount is $150 for PA cases, or $500 for NPA cases. |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes. Vermont sends all insurance information in its possession to FPLS for proactive matching daily, and the minimum required past-due amount for enforcement action is met if the case is three months in arrears. |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes. The minimum required past-due amount for enforcement action is met if the case is three months in arrears. |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| Yes. Vermont sends all financial institution information in its possession to FPLS for proactive matching daily, and the minimum required past-due amount for enforcement action is met if the case is three months in arrears. |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| Yes. The minimum required past-due amount for enforcement action is met if the case is three months in arrears. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| No. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Both. https://legislature.vermont.gov/statutes/section/15/011/00799 The attachment procedures are based on the Trustee process statue requirements. There is also a holistic review of the case prior to proceeding, which is administrative. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
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Yes. Joint owner accounts with spouses as secondary owners are exempt, as well as accounts where the Obligor is receiving SSI/SSDI/SSR monies.
For Additional Information - No Link Provided |
| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| It is centralized. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| The accounts must have funds that exceed the exemption amount as described in the Trustee process statue: https://legislature.vermont.gov/statutes/section/15/011/00799 . Additionally, there is a review that may include, but is not limited to: payment status; arrears balances; arrears repayment status; pending court actions, best interest of the child or parties, etc. |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
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No.
For Additional Information - No Link Provided |
| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
| We would need a case to be initiated with us before we could take any action. |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
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No.
For Additional Information - No Link Provided |
| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
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Yes, the Trustee process statue requires noticing the Obligor:
https://legislature.vermont.gov/statutes/section/15/011/00799. The Office sends the notice of intent.
For Additional Information - No Link Provided |
| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
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The statue directs Trustees to hold funds until the Office issues an Order and Writ of Execution:
https://legislature.vermont.gov/statutes/section/15/011/00799
For Additional Information - No Link Provided |
| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
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Yes, funds need to be held until the Order and Writ is eligible to issue. The Office is unable to send the Order and Writ to the Trustee until the 20-day appeal period has passed with no timely contest:
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| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
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There is not a percentage, rather an exemption amount based on the type of account. Checking and saving accounts have a $400.00 exemption, retirement accounts have a $5,000.00 exemption (meaning the Obligor must be left at least those amounts in the account). We do not attach joint accounts when a spouse is the co-owner of the account, and with other joint-accounts we work with the Obligor to settle the amount collected after reviewing the ownership of the funds - it is often 50% although supporting documentation could affect the settlement amount.
For Additional Information - No Link Provided |
| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
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The Office is required to provide the Obligor an opportunity to contest the debt amount and the enforcement action pursuant to 33 V.S.A. § 4108.
https://legislature.vermont.gov/statutes/section/15/011/00799
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| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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No.
For Additional Information - No Link Provided |
| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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15 V.S.A § 798(c) outlines the criteria for license suspensions. The Court must make a finding that the obligor is noncompliant with the child support and owes at least 1/4 of the annual child support obligation in arrearages.
For Additional Information - No Link Provided |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| There are no hardship exemptions. Although a defense to the license suspension is proof of an inability to comply with the order. If licenses are suspended then an individual can petition the Court to restore their licenses by demonstrating compliance. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| No. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| Professional license types would include any licenses issued or authorized by the Secretary of State or a professional licensing board in the state of Vermont. 15 V.S.A. § 798(c). |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| See above. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| No. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| See above. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| See above. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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No.
For Additional Information - No Link Provided |
| 36. What are the criteria for initiating/filing a lien in your state? |
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The Office reviews for placing property liens upon receiving property data. Criteria includes: arrears of at least one-twelfth of the annualized support amount; the order must be least 30 days old (past its appeal period and certified by the court). Liens are effective 8 years from the date of issuance of the judgment, or 8 years after the obligation has termed, whichever is later. There are two types of liens, judgment liens where the court ordered judgment is used to place the lien, and arrearage judgment liens where a lien is placed when the arrearage accrue after issuance of an order, below is the state statue:
15 V.S.A § 791:
https://legislature.vermont.gov/statutes/section/15/011/00791
For Additional Information - No Link Provided |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Both. 15 V.S.A. § 791. |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
No.
For Additional Information - No Link Provided |
| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
| Yes, Vermont's process is administrative: Title 15 V.S.A § 794 and Title 32 V.S.A. § 5933 and § 5934. |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes, when a Vermont Lottery games winner has arrearages and the prize winnings are at or beyond $500.00, the Commissioner of Liquor and Lottery withholds the entire amount owed and forwards the winnings to the Office. The collected winnings are held for the 20-day appeal period. |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| It is generally administrative, but it could be referred for judicial action should the winner not turn over the winning ticket. |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| The most common administrative remedies are listed within the IRG, but for other less common, but possible attachments, please see 15 VSA § 799 for Trustee Process requirements: https://legislature.vermont.gov/statutes/section/15/011/00799. |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| The Court can order someone to participate in a work program, and may also find someone in civil contempt for failure to comply with a child support order which could result in a coercive incarceration sanction. |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Every three years or upon request of a party.
For Additional Information - No Link Provided |
| 2. What is your state's modification procedure? Briefly describe. |
|
When a party or a state agency is seeking to modify the current support our agency requires a petition and the most recent financial information from the requesting party. Our agency will attempt to obtain current financial information from both parties and calculate the guideline that will be filed with the Vermont Court. The Vermont Court will schedule this matter for a conference or a hearing. When conducting a three year review our agency notifies parties that they are eligible for a review and if either party requests the review our agency will send them an income and assets affidavit to complete and requests updated financial information. Our agency will calculate the support based on the information and inform the parties of the result and ask if they want to proceed with the modification.
For Additional Information - No Link Provided |
| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
|
The child support guideline must vary from the current obligation by 10%, increase or decrease. 15 V.S.A. § 660(b).
For Additional Information -
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| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
|
If the order has been modified within the last three years, there must be a showing of a real, substantial and unanticipated change of circumstances. 15 V.S.A. § 660(b).
For Additional Information - No Link Provided |
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes.
For Additional Information - No Link Provided |
| 4.4. The cost of living has changed. |
| Yes. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes. |
| 4.6. There has been a substantial change in childcare expenses. |
| Yes. |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
|
The receipt of worker's compensation or unemployment compensation or incarceration greater than 90 days. Change of custody or a change in parent child contact. 15 V.S.A. § 660(c).
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
Yes, Vermont can independently request a modification of the order if a party will be incarcerated for more than 90 days. 15 V.S.A. § 660(2).
For Additional Information -
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11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
There is no formal statutory lump sum definition, but we use the term "lump sum" to include employer bonuses, and attaching assets that require Trustee process.
For Additional Information -
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| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
No.
For Additional Information - No Link Provided |
| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| VT attaches lump sum payments through Trustee process/Liens: https://legislature.vermont.gov/statutes/section/15/011/00799. VT garnishes worker's compensation wages through an income withholding order, but any lump sum requires a Trustee process/lien. |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| No. |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| N/A. |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| Vermont will make the request to the Court for recovery of paternity costs. However, it is at the discretion of the Court to determine if they will adjudicate those costs. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| The IV-D agency covers the fee. |
| 3.1. Is it retained by the state from support collected? |
| No. |
| 3.2. Is it paid by the individual applying for child support services? |
| No. |
| 3.3. Is it recovered from the noncustodial parent? |
| No. |
| 3.4. Is it paid by the state out of its state funds? |
| Yes. |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
|
No.
For Additional Information - No Link Provided |
| 2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
| When there is a current child support order, of which wage withholding is ordered, VT sends an income withholding order to the insurance company to attach to any weekly indemnity benefits they may be entitled to for garnishment of the current support obligation, and any arrears repayment if applicable. If the Obligor has arrearages more than one-quarter of the annual support obligation, and a lump sum may become available, such as a permanency award, VT then initiates a Trustee process and places a lien to attach to any potential lump sum/award the Obligor may become entitled to. |
| 3. What process does your state use to intercept insurance payments? |
|
VT uses income withholding orders to garnish weekly indemnity payments, and a Trustee process/Lien to attach to any lump sums.
For Additional Information - No Link Provided |
| 4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
|
If another state has an intergovernmental case with VT, VT sends incoming withholding orders for garnishing indemnity, and Trustee process/liens to attach to any potential lump sums.
For Additional Information - No Link Provided |
| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| No. |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes, however, VT also sends a Transmittal #2. |
| 2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| No, Vermont sends a Transmittal #2. |
| 3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).) |
| Yes, however Vermont also sends a Transmittal. |
| 4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).) |
| Yes. |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| Yes, however we make the request via Transmittal. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| Yes, however we make the request via Transmittal. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
|
The initiating agency can make the request to the Central Registry via EDE or Transmittal for a certified copy of a court order. There is no charge.
For Additional Information - No Link Provided |
| 2. What are the procedures and associated costs for obtaining a certified payment record? |
|
The initiating agency can make the request to the Central Registry and they will direct the request to appropriate staff member and they will forward the certified payment record to the requester. There is no charge.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
Title Fifteen B Uniform Interstate Family Support Act.
For Additional Information - No Link Provided |
| 2. How does your state define the tribunal (See UIFSA 103)? |
|
Title Four Judiciary.
For Additional Information - No Link Provided |
| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| Two, one original and one copy. |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| No. |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| No currently operational agreements. |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| No. |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| Yes. |
19. International Information For Hague Convention Countries
| 1. 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).) |
|
No.
For Additional Information - No Link Provided |
| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| No. |
| 3. What methods of personal service does your state use? |
| Service by authorized law enforcement officers. |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
Cash medical may be ordered pursuant to 15 V.S.A. § 658(f)(2). An arrears repayment amount may also be ordered not to exceed 25% of the child support obligation, pursuant to 15 V.S.A. § 789(c).
For Additional Information -
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| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| Yes. We facilitate resolution meetings for parties prior to court events and court representatives attempt resolutions of issues prior to hearings and file any resulting stipulations. |
| 6. What circumstances will cause your state to end child support before the normal duration? |
|
If a parent voluntarily relinquishes parental rights pursuant to a probate adoption. If the child self emancipates before age 18.
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| Payments are disbursed by check. |
| 2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
| All payments are processed manually through a designated authority upon receipt. The Vermont Office of Child Support does not bear foreign exchange risk or have to pay any fees for the bank converting payments to US dollars. |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| Yes. Transactions must be in US dollars for the US dollar amount due and are made in one of two ways: (1) By SWIFT international wire transfer: To: People's United, a division of M&T Bank Address: 850 Main Street, Bridgeport, CT 06604, USA SWIFT Code: PESBUS33 For The Credit Of: State of Vermont Office of Child Support Credit Account #: 8877770246 Reference: FW221172186. (2) By international ACH credit (IAT ACH) with participating countries: For The Credit Of: State of Vermont Office of Child Support Credit Account #: 8877770246 ABA: 221172186 Bank Name: People's United a Division of M&T Bank. |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| No. |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
N/A.
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| No. |
