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Vermont Family Court
Frequently Asked Questions
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Child Support
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 My child's other parent and I are separating/divorcing and we are told that we will need to establish child support. How and why is this done? |
In order to put the public policy into practice, Vermont, like every state, has established child support guidelines. The underlying principle of the guidelines is to make sure that children receive the same proportion of parental income after separation and divorce as they would receive if their parents were living together. Studies show that parents tend to spend the same proportion of their combined income on their children, regardless of whether the parents are rich or poor. Because of these studies, the Vermont guidelines have been designed to consider the combined income of both parents.
| | What happens if the paying parent fails to follow a child support order? |
How to Enforce a Child Support Order:
Failure to follow a court order is a serious matter. If one parent stops making child support payments ordered by the court, or begins paying less than what the court ordered, the following options exist for enforcement:
The parent entitled to support can go back to the court that issued the order and file a Petition for Enforcement. (Ask the court clerk for Form #823, “Motion to Enforce.”) In some cases, where failure to pay has already been brought to the court's attention in the past, you can ask the court to find the other parent in contempt of court. The difference between enforcement and contempt is discussed below.
Rather than going back to court on your own, you can ask the Office of Child Support for assistance. 1-800-786-3214. Or go to website: www.osc.state.vt.us
| | When can a child support order be changed? |
Children are entitled to be supported by their parents in the same way they would have been had their parents not separated. Therefore it follows that as parents' incomes change, the support of their children should also change. Child support ordered by the court can be changed by the court if one parent can show there has been a real, substantial and unanticipated change of circumstances since the last child support order was issued.
When is a Change "Real" and "Substantial"?
A change is considered real and substantial if it would make the child support amount payable under the child support guidelines at least 10% higher or lower than the amount of the current child support order. A typical change of circumstances occurs when one parent's income changes substantially.
Involuntary loss of employment, where wages are replaced by unemployment compensation, worker's compensation, or disability benefits, is good reason to seek reduction in child support.
A promotion, a new, higher-paying job, or a substantial inheritance are reasons to seek an increase.
Changes in the parenting plan can also be a reason to seek a modification. For example, if a child goes to live with the other parent on a long-term basis, it will cost that parent more money to provide for the child's care. Therefore, child support should be adjusted.
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Civil Union and Marriage
Related Issues
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| After the court has issued a Final Divorce Order can you make a change to it? |
By law you have to show to the Court, that it is because of important “unanticipated changes in circumstances.”
You CANNOT make changes to a Final Order dealing with your property.You can request the court change child support, spousal maintenance (alimony)and parental rights and responsibilities.
If there have been important, unanticipated, changes in circumstances after theorder was issued, you may request the court to change part of the divorce plan. Youcannot change the plan outlining how to divide your property, but child support,spousal maintenance (alimony) and parental rights and responsibilities may bemodified. (See pamphlets on Modification of Child Support (#32) and Modification of
Court Orders (#31). The court must approve changes to the divorce order beforethey are valid. Therefore it is important that an agreement reached to change courtorders be put in writing and that you ask the judge to change the divorce order.You can obtain helpful information, as well as court forms at:www.VermontJudiciary.org.
| | How are decisions made in a Divorce? |
Once the divorce has been started in the Family Court, decisions must be maderegarding parenting of children, support and what to do with property. Contrary topopular belief, judges rarely decide the difficult questions in the divorce. Most peopledo not like giving up their right to determine for themselves how to take care of theirchildren and how to divide up their property and income. Therefore, most cases areresolved by agreements made by the people involved rather than the judge.
In a contested hearing (trial), the parties present their case to a judge, never to ajury. Each spouse has a limited amount of time in which to present information. Thejudge follows rules (known as the Rules of Evidence,) that often limit the type of
information that may be presented. As a judge can never learn in a trial as muchabout a family and what is best for the children as the families know, people who let
the judge make the decisions are not always happy with the result.
| | How do I dissolve my civil union? |
The Vermont Family Court has jurisdiction over all proceedings relating to dissolution of civil unions. It follows the same procedures as dissolving a civil marriage (divorce), and is subject to the same rights and obligations, including a Vermont residency requirement of 12 months before a dissolution is granted.
You will need to address division of your property and debts. If you have children you will need to decide parental rights and responsibilities (custody), parent-child contact (visitation) and arrange for child support.
The family court has forms and other information pamphlets that will give you more information for filing for dissolution of your civil union.
Click here for more information:
| | How do I prepare for a Contested Hearing on Property Division? |
If you and your spouse cannot agree on how to divide all your property, you still mayhave some agreement, which you can put in writing and file with the court before thehearing. With personal property (cars, furniture etc.) you should write a list of whatyou cannot agree upon and what you believe the market value is for each item. Ifyou cannot agree on the market value of cars, boats, or other expensive property,
you may want to get an appraisal and bring the appraiser as a witness to thehearing.
You should prepare what you want to tell to the judge in the same manner as thefactors identified above, starting with how many years you have been married, yourage and health etc. You should bring documentation to court that shows the value ofthe property, such as your house appraisal, bank statements, pension or retirementor other investment statements. You should also bring documentation about the
debts on the property and other debts from your marriage.
| | How does being in the military affect the court process and court orders? |
The law protects a spouse on active duty in the military and sometimes hearings are postponed or suspended until the service member can participate. The purpose of the law is to enable service members to devote full attention to their duties.
If the ability of the service member to either defend or pursue a court matter is "materially affected" by his or her military service, the court is required to wait. Thus if a spouse cannot attend a hearing due to military service, and the outcome will depend on his participation, the hearing may be postponed. Under normal circumstances, however, temporary decisions regarding parental rights and responsibilities and child support will be decided in the absence of the service member spouse in order to protect the best interest of the children involved.
Reservists and members of the National Guard are also protected by this law while on active duty.
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Guardian Ad Litem
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| Can GAL's attend any DCF Training? |
Yes, GAL's may attend DCF training if space is available. To view DCF training click on the DCF link under the Resource tab on the GAL webpage.
| | Can GAL's attend PRIDE training for Foster Parents? |
Yes GAL's may attend PRIDE training for Foster Parents. To view the training schedule go to the Vermont Foster Parents link on the Resource list on the GAL webpage.
| | Do GALs receive compensation? |
This is a volunteer program. We reimburse expenses for mileage and for long distance phone calls directly related to GAL case assignments
| | How long a commitment does the GAL Program expect from GALs? |
This is a longer term volunteer commitment as some court cases involving children may take up to two years.
| | I am currently employed. Am I still allowed to join the GAL Program? |
Yes. Our program is open to adults who meet our application, screening, and training requirements. If you are employed, you will likely want to maintain a low caseload so that you can fulfill your GAL role. You should also note that hearings are held during regular business hours. The program can verify your volunteer hours if your employer sponsors a community service program.
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Juvenile
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| How should I work with my lawyer? |
Be honest and open. The lawyer may not tell others what you say to them without your agreement.
Be prepared. Make the best use of the time you have by making a list of what you want to talk about, including your questions and concerns.
Ask questions if you don't understand something.
Take your time to make decisions that make sense to you. Talk through possibilities with your lawyer. Even when you are in a hearing and feel pressured to make a quick decision, ask for a few minutes to think and talk with your lawyer.
Listen to your lawyer. Your lawyer will advise you based or the law and his or her experience. Listen carefully and decide if the advice is right for you. If you disagree, tell you lawyer and explain why.
| | What are my rights and responsibilities? |
The rights of parents/legal custodian and of children:
To have your position presented to the judge.
To be represented by a lawyer. All parties in a juvenile case have a right to be represented by a lawyer. The Court will ordinarily appoint a lawyer to represent the juvenile. The child's lawyer is usually a public defender. The lawyer should explain what is going on and should speak with you before court hearings.
To be treated in a respectful manner by all parties in court.
To be notified of court hearings related to your case.
To have your questions answered.
The responsibilities of parents/legal custodians and children.
To attend and participate in all the hearings in your case, unless your lawyer tells you not to.
To always be polite in court.
To let the Court and your lawyer know how you can be reached.
To follow the case plan. This may include following through with evaluation, counseling, parenting education, substance abuse treatment, juvenile probation, community service restitution, school attendance, etc.
To work with your lawyer. Many people never worked with a lawyer before they became involved with Family Court. Sometimes you do not have the opportunity to meet with your lawyer until shortly before the hearing. Prepare by thinking through what you want to happen. Your lawyer works for you.
| | What are the courtroom guidelines? |
All parties are expected to be respectful of each other and of the judge. Unless the judge tells you otherwise, you should stand when the judge enters or leaves the courtroom, and whenever you speak to the judge. The judge will provide an opportunity for all persons involved in the case to be heard. Even if you strongly disagree with something that another person says, do not interrupt. When you are asked for your opinion, speak plainly and politely. Keep in mind that the judge may also look at your body language and behavior in the courtroom.
If you cannot hear what the others are saying in the courtroom, let the judge know you can’t hear. When you are speaking in the courtroom, speak loudly enough so that everyone in the courtroom can hear you.
If you do not understand what is happening, feel free to ask your lawyer or the judge to explain.
| | What is Juvenile Court? |
There are two reasons why families find themselves in juvenile court:
1) A child may be in need of care or supervision. The court calls this type of case “CHINS.” This means the child may have been abandoned or abused by the parents or custodian; or is without proper parental care, education, medical or other care necessary for the child's well-being; or is without or beyond the control of the parent or custodian; or is truant from school.
2) A child may have committed a delinquent act. The court calls this type of case a delinquency. A delinquent act is one that would be a crime if committed by adult.
All juvenile court proceedings are CONFIDENTIAL. The public does not have access to juvenile court files or juvenile court hearings.
| | What should I know about the Juvenile Hearings? |
If you are a party in a juvenile court matter, it is very important that you attend all court hearings, unless your lawyer tells you not to. It is a good idea to arrive at least 15 minutes before the time on your court notice.
Here is a list of juvenile court hearings:
Emergency Care: A child may be taken into emergency custody if: the child is in immediate danger, the child has run away, or the child has been arrested. These emergency hearings may happen in front of the judge or by phone. The judge then approves a temporary plan until he/she can hear more of the facts. The child may be returned to the parents or placed somewhere else (if custody is temporarily transferred to another party, most often the Department for Children and Families (DCF)).
Temporary Care Hearing: Within 72 hours of an Emergency Care Order, a Temporary Care hearing will be held. The judge asks the parents, DCF, the State’s Attorney, and the child for their opinions about what would be best for the child. Children over the age of 10 are usually expected to attend this hearing. The court will return custody of the child to the custodial parent unless returning home is not in the child’s welfare. The court may transfer custody to a non-custodial parent, a relative (grandparent, sibling, aunts/uncles etc.), to someone with a close relationship to the child, or to DCF.
Preliminary Hearing: If there is no need for a Temporary Care Hearing, the first hearing is a Preliminary Hearing. The Petition and the Affidavit explain why the child has come to the attention of the court. If all parties admit to the allegations in the petition, the next hearing will be a Disposition Hearing. If any party denies the allegations in the petition, the next hearing will usually be a Pre-trial or a Merits Hearing. Parties may resolve the case any time before the Merits Hearing.
Pre-Trial Hearing: This is a hearing to keep the judge informed of all issues to be resolved, including whether there will be an admission or denial of the allegations in the petition. The judge may proceed directly to the Merits stage.
Merits Hearing: The Merits Hearing is the trial in the case. The case is presented to a judge without a jury. Sometimes testimony is presented by the child, family, teachers, doctors, friends, witnesses, police officers, social workers, or foster parents. Testimony is given under oath. After listening to the evidence, the judge will make a decision. If a child is found to be delinquent or in need of care or supervision, the judge may order DCF to prepare a disposition case plan. If the evidence does not support the charges, the judge can dismiss the case. If the judge needs more time to think about the case, the judge will make a decision in writing at a later date.
Disposition Hearing: This is the hearing where the plan for the child and/or the family is decided. Before this hearing, the social worker prepares a report. This is called the Disposition Case Plan. The Plan focuses on the family and/or child, and what they need to do to remedy the problems that brought them to court. DCF is required to involve the child and family in the case planning process. All parties, including the court, should receive a copy of the Plan before the hearing. At the hearing, everyone gives their opinion about the case plan. The judge will either accept or reject the plan and will make a decision about custody of the child at this time. In delinquency cases, the judge may place the youth on probation.
Permanency Hearing: This comes later in the process. The purpose of this hearing is to decide on a permanent home for the child, which could be with the family or elsewhere if the child is not safe with his or her family. About a month before the hearing, DCF files an updated case plan called a Permanency Plan. Parties have the right to disagree with the Permanency Plan The judge will issue a Permanency Order.
Other Things to Know About Hearings
Notices of hearings: All parties to a juvenile case are given advance notice of hearings. The notice is usually given in writing, and is mailed to the lawyers and to any party who does not have a lawyer. Occasionally, in emergency situations, notice of hearing may be given in person or by telephone. Always let your lawyer and the court know how to contact you if your phone number or address change.
Continuances: Any party may request in writing that a court hearing be continued to another date if they cannot attend the scheduled hearing. Continuances are only granted by the judge for good reasons, such as illness. When a hearing is continued, all parties are given notice (in writing if there is enough time) of the change in date.
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Mediation
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| Can I Still Have an Attorney? |
Yes. Consulting with an attorney is always advisable when making legal decisions. Although the mediators can give you information about the legal process, mediators cannot give legal advice.
Although you are certainly not required to get legal advice, many people find that they benefit from obtaining legal counsel before, during or upon completion of the mediation process.
Parties often choose to have separate attorneys review their final written agreements made in mediation.
| | How do you start the Mediation Process? |
To start the Mediation Process read the Mediation Process located under information onthis page.
| | How Does Mediation Differ from Counseling or Therapy? |
The goal of mediation is the resolution of a specific set of issues you present to the mediator.
There is not an in-depth exploration of the aspects of the former relationship, as mediators do not provide psychological counseling.
The mediator may focus the attention of the parents away from the past, to concentrating on making specific plans for the present and future.
| | How Does Mediation Differ from Going to Court? |
Separating parents often desire a fair and cooperative solution, one without the financial and emotional cost of a contested hearing.
Mediation is a voluntary and private means of resolving the issues of separation and divorce.
It is a less formal process than public Family Court hearings.
Mediators can spend more time with you both and may produce documents that contain more detail than the staff at Family Court.
The end result of the mediation sessions is a written document that clearly defines and outlines the agreements the two of you have reached.
| | How Long Does it Take and what is the Cost? |
Most mediation sessions are one to two hours long.
The number of sessions parents may need depends on their level of conflict and the number of issues they want to address. Most parties are able to resolve some or all of their issues in two to six sessions
Most mediators charge on an hourly basis.
The mediators listed are contracted with the Vermont Family Court Mediation Program. They are able to slide their fee depending upon your household income and other qualifications.
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Parentage
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| How do I change parental rights and responsibilities (once known as "custody") if I was divorced in another state? |
If you have lived in Vermont for at least 6 months, you may file a motion to modify the court order establishing parental rights and responsibilities in Vermont Family Court.
| | If my child's father and I were not married is he legally the father? |
No. You will need to establish parentage. Which is the process of legally establishing whom the father of a child is if the child's parents are not married. If the parents are married when the child is born, the law recognizes them as the legal parents.
The law assumes that the mother is the biological parent of the child, but even if the mother and father are living together or if the father's name is on the birth certificate, Vermont law does not recognize him as the father until a court has legally established his paternity.
| | What are the two major parts to parental rights and responsibilties? |
There are two major parts to parental rights and responsibilities:
The first is called “Legal responsibility”
This term defines the right and responsibility of a parent to determine and controlmatters affecting a child's welfare and upbringing, other than routine daily care andcontrol of the child. Examples include decisions regarding education, non-emergencymedical and dental care, religion and travel. Basically it is the right to make majorlife decisions for the child.
Legal responsibility may be held solely by one parent, or may be shared betweenboth parents, or divided when at least one child is living with each parent.
The second, is called “Physical responsibility”
This term defines the right and responsibility to provide routine daily care and controlof the child while taking into consideration the right and responsibility of the otherparent to have contact with the child. Basically, it is the right and responsibility tomake daily decisions for a child.
Physical responsibility, like legal responsibility, may be held solely by one parent, ormay be divided or shared.
| | What does Parent Child contact mean? |
Parent child contact is the term used to describe what has been known in the past as“visitation.” Visitation is no longer used because of the negative impact it can haveon children. Children are dependent on the love and support of both of their parentsto grow and develop into healthy adults. Children do not visit with one of theirparents. They spend as much quality time as possible with each parent.
Children need to be able to spend as much time as possible with each of theirparents. When parents separate, their children should not be denied the opportunityto spend quality time with each of their parents. If the parents had remainedtogether, the children would have enjoyed access to each parent on a daily basis.Therefore, unless there are good reasons to limit the contact a parent has with the
children, the parenting plan should include contact with both parents on a regularbasis.
The ending of a relationship is often very emotional. Parents may be angry at oneanother over broken commitments and feelings of being deceived and cheated.Children who are exposed to their parents' arguments often blame themselves forthe fights of their parents. Sometimes the children feel they have to pick "sides"between their parents. Parents need to be particularity sensitive to their children and
keep them out of their adult conflicts. Unless physical or emotional abuse is involved,the reasons people have for ending their relationships are not reasons for children to
change their relationship with their parents.
| | What is Parental Rights and Responsibilities? |
The relationship between children and their parents in a divorce, once called“custody”, is now called Parental Rights and Responsibilities.
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Parental Rights and Responsibilities
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What are Parent Coordinators |
The Parent Coordinators are specially trained experienced professionals under contract with the Court Administrator who provide a specific type of dispute resolution service to high-conflict, income eligible parents on a sliding fee basis.
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What does Parent Coordination sort out? |
Parent Coordination helps parents work out issues such as: visitation and exchanges, health and safety issues, how decisions will be made for the children, how parents will communicate, etc.
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What if the parents are not able to come to an agreement? |
The Parent Coordinator may submit a written parenting plan to the Court. It is at the Judge’s discretion to order the recommendations at a hearing and/or a status conference.
· Parent coordination can occur before, during or after a separation or divorce for married or never married parents.
· Parent coordinators are able to slide the fee based upon parents' income.
· Parent coordination's goal is to keep children protected from adult conflict and violence.
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What is Parent Coordination? |
Parent Coordination gives both parents and children a chance to be heard in a child-focused, non-confidential and non-neutral process. Separated parents meeting individually with the Parent Coordinator are encouraged to resolve the conflicts about their children. The goal of the process is to minimize the children’s exposure to adult conflict and to reduce the risk of danger to all family members. Parent Coordinators also assist parents and children to connect with other resources in the community for help and support.
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What is the Parent Coordinators and Court's Role? |
The process begins with an Order of Referral from the Family Court Judge. The parents contract with the Parent Coordinator for up to 15 hours of the Parent Coordinator’s time. Time is spent meeting with each parent separately, in home or community visits with the children, and in consultation with counselors, teachers and others involved with the children. The goal of the process is a detailed and documented parenting plan, which is based upon existing Court Orders (including any existing Relief from abuse Orders), suggestions by the parents, and recommendations of the professionals involved with the children. These parenting plans are based upon the needs of the children. If parents are able to reach agreement, they submit the written parenting plan to the Court to be reviewed and ordered by the Judge.
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