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2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 751. Property settlement

§ 751. Property settlement
(a) Upon motion of either party to a proceeding under this chapter, the court shall settle the rights of the parties to their property by including in its judgment provisions which equitably divide and assign the property. All property owned by either or both of the parties, however and whenever acquired, shall be subject to the jurisdiction of the court. Title to the property, whether in the names of either or both parties, or a nominee, shall be immaterial, except where equitable distribution can be made without disturbing separate property.
(b) In making a property settlement, the court may consider all relevant factors, including:
(1) The length of the civil marriage.
(2) The age and health of the parties.
(3) The occupation, source, and amount of income of each of the parties.
(4) Vocational skills and employability.
(5) The contribution by one spouse to the education, training, or increased earning power of the other.
(6) The value of all property interests, liabilities, and needs of each party.
(7) Whether the property settlement is in lieu of or in addition to maintenance.
(8) The opportunity of each for future acquisition of capital assets and income. For purposes of this subdivision:
(A) The court may consider the parties’ lifestyle and decisions made during the marriage and any other competent evidence as related to their expectations of gifts or an inheritance. The court shall not speculate as to the value of an inheritance or make a finding as to its value unless there is competent evidence of such value.
(B) A party’s interest in an inheritance that has not yet vested and is capable of modification or divestment shall not be included in the marital estate.
(C) Notwithstanding any other provision of this subdivision (8), a person who is not a party to the divorce shall not be subject to any subpoena to provide documentation or to give testimony about:
(i) his or her assets, income, or net worth, unless it relates to a party’s interest in an instrument that is vested and not capable of modification or divestment; or
(ii) his or her revocable estate planning instruments, including interests that pass at death by operation of law or by contract, unless a party’s interest in an instrument is vested and not capable of modification or divestment.
(D) This subdivision (8) shall not be construed to limit the testimony given by the parties themselves or what can be obtained through discovery of the parties.
(9) The desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children.
(10) The party through whom the property was acquired.
(11) The contribution of each spouse in the acquisition, preservation, and depreciation or appreciation in value of the respective estates, including the nonmonetary contribution of a spouse as a homemaker.
(12) The respective merits of the parties. (Amended 1981, No. 247 (Adj. Sess.), § 6; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2013, No. 63, § 1.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 752. Maintenance

§ 752. Maintenance
(a) In an action under this chapter, the court may order either spouse to make maintenance payments, either rehabilitative or long term in nature, to the other spouse if it finds that the spouse seeking maintenance:
(1) lacks sufficient income or property, or both, including property apportioned in accordance with section 751 of this title, to provide for his or her reasonable needs; and
(2) is unable to support himself or herself through appropriate employment at the standard of living established during the civil marriage or is the custodian of a child of the parties.
(b) The maintenance order shall be in such amounts and for such periods of time as the court deems just, after considering all relevant factors, including:
(1) the financial resources of the party seeking maintenance, the property apportioned to the party, the party’s ability to meet his or her needs independently, and the extent to which a provision for support of a child living with the party contains a sum for that party as custodian;
(2) the time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
(3) the standard of living established during the civil marriage;
(4) the duration of the civil marriage;
(5) the age and the physical and emotional condition of each spouse;
(6) the ability of the spouse from whom maintenance is sought to meet his or her reasonable needs while meeting those of the spouse seeking maintenance;
(7) inflation with relation to the cost of living;
(8) the impact of both parties reaching the age of eligibility to receive full retirement benefits under Title II of the federal Social Security Act or the parties’ actual retirement, including any expected discrepancies in federal Social Security Retirement benefits; and
(9) the following guidelines:
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 753. Conveyance of realty after legal separation

§ 753. Conveyance of realty after legal separation
In all cases where a legal separation has been granted, a spouse may convey his or her real estate without the signature or consent of the other spouse, and the laws of descent applicable to absolute divorce shall apply. (Amended 1981, No. 247 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 754. Judgment effective to convey real estate

§ 754. Judgment effective to convey real estate
A certified copy of the judgment, or relevant parts thereof, when recorded in the land records of the town in which real estate of the parties is located, shall be effective to convey or encumber the real estate in accordance with the terms of the judgment, as if the judgment were a deed. A property transfer return shall be filed with the judgment, but the transfer shall be exempt from the taxes imposed by chapters 231 and 236 of Title 32 to the extent of the property interests conveyed to either of the parties. (Amended 1973, No. 201 (Adj. Sess.), § 10; 1981, No. 247 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 755. Judge out of office may sign judgment for maintenance

§ 755. Judge out of office may sign judgment for maintenance
After the expiration of his or her term of office, a judge of the Superior Court may sign a judgment for maintenance as of the date when made. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1981, No. 247 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 756. Court may order money paid to trustees

§ 756. Court may order money paid to trustees
When part of the estate of either spouse, or money in lieu thereof, is awarded to the spouse having custody, as provided in this subchapter and sections 291, 293, and 294 of this title, instead of ordering the same to be delivered or paid into the hands of the custodial spouse, the court may order it delivered or paid to one or more trustees appointed by the court. The trustees shall invest the same and apply the income thereof to the support and maintenance of the custodial spouse and minor children of the civil marriage or any of them, in such manner as the court directs, and shall pay over the principal to the custodial spouse and children in such proportions and at such times as shall be ordered by the court. In the disposition of the income and of the principal, regard shall be had to the situation and circumstances of the custodial spouse and children, and the trustees shall give such bonds as the court requires for the faithful performance of their trust. (Amended 1981, No. 247 (Adj. Sess.), § 11; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 757. Security for payment

§ 757. Security for payment
When maintenance or other annual allowance is granted to either spouse or children, the court may require sufficient security to be given for payment thereof, according to the terms of the judgment. (Amended 1981, No. 247 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 758. Revision of judgment relating to maintenance

§ 758. Revision of judgment relating to maintenance
On motion of either party and due notice, and upon a showing of a real, substantial, and unanticipated change of circumstances, the court may from time to time annul, vary or modify a judgment relative to maintenance, whether or not such judgment relative to maintenance is based upon a stipulation or an agreement. (Amended 1971, No. 185 (Adj. Sess.), § 181, eff. March 29, 1972; 1981, No. 247 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 762. Insurance benefits

§ 762. Insurance benefits
In a proceeding under this chapter, the court may assign insurance benefits to a spouse or children, and may require the spouse who is required to make the assignment to execute a blanket assignment giving notice of the assignment to the provider of the insurance benefits. (Added 1981, No. 247 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 780. Definitions

§ 780. Definitions
As used in this chapter:
(1) “Court” means the court with jurisdiction over the proceeding.
(2) “Employer” means any employer or payor of wages of any type to the obligor.
(3) “Obligee” means the person found to be legally entitled to receive support or any person to whom the obligee has assigned or authorized all rights of collection.
(4) “Obligor” means the person required to pay support under a support order.
(5) “Registry” means the registry established in 33 V.S.A. § 4103.
(6) “Support” means periodic payments ordered for the support of dependent children or, for the purposes of sections 783-790 of this title only, a spouse. Support includes periodic amounts to be applied toward unpaid arrearages.
(7) “Support order” means any judgment, order or contract for support enforceable in this state, including, but not limited to, orders issued pursuant to 15 V.S.A. chapter 5 (relating to desertion and support and parentage), 7 (relating to URESA) or 11 (relating to annulment and divorce).
(8) “Wage withholding order” means a transfer from the obligor to the obligee of the right to receive a portion of the obligor’s wages directly from the obligor’s employer.
(9) “Wages” means any compensation paid or payable for personal services, whether designated as wages, salary, commission, bonuses, or otherwise, and shall include periodic payments under pension or retirement programs, workers’ compensation, or insurance policies of any type. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 5; 1989, No. 220 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 781. Withholding wages upon issuance or modification of support order after July 1, 1990

§ 781. Withholding wages upon issuance or modification of support order after July 1, 1990
All orders for child support made or modified on or after July 1, 1990 shall include an order for immediate wage withholding in an amount equal to the support obligation and any obligation to pay support arrearages, unless the court finds good cause not to order immediate wage withholding or the parties have entered into an alternative arrangement by written agreement which is affirmatively stated in the order. In determining good cause, the court may consider a history of financial responsibility toward the family and the absence of any threat by the obligor to withhold financial support from the family. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 6; 1989, No. 220 (Adj. Sess.), § 3; 1997, No. 63, § 9, eff. Sept. 1, 1997.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 782. Expedited procedure for wage withholding

§ 782. Expedited procedure for wage withholding
(a) In the case of an order for child support made or modified after July 1, 1990 that does not include an order for immediate wage withholding, an obligee may request a wage withholding order when any amount due under the order has not been paid within seven business days after the amount is due. The obligor may request wage withholding at any time. The petition for wage withholding shall set forth:
(1) the amount of support arrearages, if any;
(2) the terms of the support order;
(3) the periodic amount to be withheld for support and arrearages; and
(4) a statement that the obligor may object to wage withholding on the basis of an error in the amount of current support or arrearages or an error in identity, at a hearing to be held within 14 days of the date the petition is filed.
(b) The petition shall be served upon the other party or parties as provided in section 783 of this title.
(c) The court shall set the date for the hearing and notify the parties of the place, date, and time. The hearing shall be held within 14 days of the date the petition is filed.
(d) The court shall enter a judgment for wage withholding under any one of the following circumstances:
(1) The obligor does not appear at the hearing without good cause.
(2) The obligor has requested the wage withholding order.
(3) The court finds after hearing that any amount due under a support order has not been paid within seven business days after the amount is due.
(e) In all cases the court shall issue an order for wage withholding, if any, within 15 days of notice sent to the responding party.
(f) Notwithstanding the provisions of this section to the contrary, the Office of Child Support may notify an employer to initiate wage withholding without obtaining a modification of the court order if any amount due under the order has accumulated to one-twelfth of the annualized amount of child support after:
(1) verifying the arrears based on a sworn statement of the obligee or, if the Office of Child Support has maintained the financial records, an employee familiar with the financial records; and
(2) notifying the obligor of the withholding pursuant to subsection 783(b) of this title and giving the obligor an opportunity to object and request a hearing in Family Division of the Superior Court to contest the withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 7; 1987, No. 54, § 1, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 3a; 1997, No. 63, § 10, eff. Sept. 1, 1997; 2009, No. 154, § 238; 2017, No. 11, § 42.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 783. Wage withholding; notice and hearing

§ 783. Wage withholding; notice and hearing
(a) In the case of a child support order issued prior to July 1, 1990 or a spousal support order, an obligee may request a wage withholding order when any amount due under a support order has not been paid within seven business days after the amount is due. The obligor may request wage withholding at any time. The petition for wage withholding shall set forth:
(1) the amount of support arrearages, if any;
(2) the terms of the support order;
(3) the periodic amount to be withheld for support and arrearages;
(4) a statement that the obligor may object to wage withholding on the basis of an error in the amount of current support or arrearages or an error in identity, by filing the objection with the court within 20 days of receiving the petition under this subsection;
(5) a statement that an obligor may move for modification of the support order because of a real, substantial and unanticipated change of circumstances, which includes a difference of 10 percent or more between the child support order and the amount required to be paid under the support guidelines.
(b) The petition shall be served by the court or the Office of Child Support by personal service or by mailing to the obligor, at one or more of the addresses supplied by the obligor, by certified mail, return receipt requested and delivery restricted to the addressee, the expense being paid by the petitioner. If acceptance of service is refused, the court or the Office of Child Support may serve the obligor by sending the petition to the obligor by ordinary first class mail and by certifying that such service has been made. In the alternative, the court or the Office of Child Support may provide for mail service as provided in V.R.C.P. 4(e).
(c) If the obligor does not file an objection to wage withholding within 20 days of receiving the petition sent pursuant to subsection (a) of this section or if the obligor has requested the wage withholding order, the court shall enter a judgment for wage withholding as stated in the petition without requiring a hearing or additional motions or additional affidavits, and shall send copies to the parties.
(d) If the obligor files an objection, the matter shall be set for hearing within 20 days of receipt of the objection.
(e) The court shall order wage withholding if the obligor has requested wage withholding or if any amount due under a support order has not been paid within seven business days after the amount is due. In all cases the court shall issue a wage withholding order, if any, within 45 days of notice sent to the responding party.
(f) If a petition for wage withholding and a motion for modification are filed in connection with the same order, the court shall hear the matters at the same time if it is possible to do so within the time limits established by this section. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 8; 1987, No. 54, § 2, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 4; 1997, No. 63, § 11, eff. Sept. 1, 1997; 2017, No. 11, § 43.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 785. Wage withholding orders

§ 785. Wage withholding orders
(a) A wage withholding order shall set forth:
(1) the annualized amount of child support;
(2) frequency of the child support payment;
(3) judgment for support arrearages, if any;
(4) provisions for periodic repayment of arrearages;
(5) appropriate reduction and termination dates.
(b) 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)). All wage withholdings shall be made payable to the Registry.
(c) The court shall file a wage withholding order with the Registry. Within seven business days of receipt of the order, the Registry shall provide the obligor’s employer with notice of withholding by first class mail and send a copy of the notice and the order to the obligor and the obligee. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 9; 1987, No. 54, § 3, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 5; 2017, No. 11, § 44.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 786. Obligee’s responsibility

§ 786. Obligee’s responsibility
(a) The obligee shall notify the registry and the obligor of any event that would affect the amount of support to be withheld under the order. Any person who has assigned or authorized all rights of collection shall notify the assignee of any event that would affect the amount of support to be withheld under the order. Notice shall be in writing, mailed or delivered within seven days of any such event.
(b) Any amounts received by the obligee in excess of the amounts required to be withheld under any wage withholding order shall be paid by the obligee to the registry within seven days of receipt. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 10; 1989, No. 220 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 787. Employer’s responsibility; compensation

§ 787. Employer’s responsibility; compensation
(a) Upon receipt of notice of wage withholding under this chapter or under a similar law of another state, an employer shall:
(1) withhold from the wages paid to the obligor the periodic support amount specified in the order for each wage period;
(2) within seven working days after wages are withheld, forward the withheld wages to the registry and specify the date the support was withheld from wages;
(3) retain a record of all withheld wages;
(4) cease withholding wages upon notice from the court or the registry; and
(5) notify the registry within 10 days of the date the obligor’s employment is terminated.
(b) In addition to the amounts withheld pursuant to this subchapter, the employer may retain not more than $5.00 per month from the obligor’s wages as compensation for administrative costs incurred.
(c)(1) Any employer who fails to withhold wages pursuant to a wage withholding order within 10 working days of receiving actual notice or upon the next payment of wages to the obligor, whichever is later, shall be liable to the obligee in the amount of the wages required to be withheld.
(2) No employer who withholds wages from the obligor shall, without good cause, fail to forward payment to the registry for more than 30 days. An employer who violates this subdivision 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.
(3) A proceeding pursuant to this section shall be heard by the Family Division of the Superior Court.
(d) The employer may combine amounts withheld from the wages of more than one employee in a single payment to the registry, listing separately the amount of the payment that is attributable to each individual employee.
(e) An employer shall only withhold wages from the nonexempt portion of the obligor’s wages as defined under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).
(f) An employer who makes an error in the amount of wages withheld shall not be held liable if the error was made in good faith.
(g) On request of the Office of Child Support, the employer shall furnish the Social Security number and the amount of wages of any employee. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 11; 1989, No. 220 (Adj. Sess.), § 7; 2003, No. 159 (Adj. Sess.), § 9, eff. Sept. 1, 2004; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 788. Parent’s responsibility

§ 788. Parent’s responsibility
(a) Any parent subject to a child support or parental rights and responsibilities order shall notify in writing the court which issued the most recent order and the Office of Child Support of his or her current mailing address and current residence address and of any change in either address within seven business days of the change, until all obligations to pay support or support arrearages, or to provide for parental rights and responsibilities are satisfied. For good cause, the court may keep information provided under this subsection confidential.
(b) When a wage withholding order is in effect, either parent shall notify in writing the registry of the name and address of a new employer within seven days of commencing new employment. If the Registry has received information that a parent has changed employment, it shall notify the other parent of the fact of the change but shall not disclose the identity or the location of the employer. On request of a parent, the Registry shall provide information on the other parent’s wages.
(c) In all cases in which a temporary or final order for relief from abuse has been entered, information provided under this section shall be kept confidential by the court. The court, for good cause shown, may release such information. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 12; 1989, No. 220 (Adj. Sess.), § 8; 1997, No. 63, § 12, eff. Sept. 1, 1997; 2017, No. 11, § 45.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 789. Wage withholding exemptions; priorities and limitations

§ 789. Wage withholding exemptions; priorities and limitations
(a) A wage withholding order for a current support obligation or an obligation to pay support arrearages shall not be subject to Rule 4.2(j) of the Vermont Rules of Civil Procedure or 12 V.S.A. §§ 3167, 3169, 3170(a), (b) and (d). It shall be subject to section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).
(b) A wage withholding order under this chapter shall have priority over other legal process against the same wages and shall be at least in the amount of the current support order. A wage withholding order for a current support obligation shall have priority over periodic payments to be applied to unpaid support arrearages, but shall not preclude withholding for both. No withholding for an arrearage may occur unless there is available income which is not exempt under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).
(c) Wage withholding shall cease upon the termination of the obligation to pay current support or upon the repayment of all arrearages, whichever is later.
(d) If wage withholding is sought for repayment of outstanding arrearages in addition to support previously ordered, the additional amounts withheld for repayment shall not exceed twenty-five percent of the obligor’s support obligation existing at the time of issuance of the wage withholding order.
(e) If arrearages exist after termination of the obligation to pay support, the amount withheld shall not be reduced until all arrearages are paid in full.
(f) If an obligor’s outstanding arrearage increases by one-twelfth of the annual obligation, the Office of Child Support may notify an employer to withhold an additional amount for repayment of any outstanding arrearage that has accumulated since the issuance of the most recent court order. The total wage withholding for arrearages shall not exceed 25 percent of the obligor’s support obligation unless an additional amount is requested by the obligor.
(g) The Office of Child Support shall not notify an employer to withhold an additional amount under subsection (f) of this section without first notifying the obligor of its intention to do so at the obligor’s last known address as provided pursuant to subsection 783(b) of this title and giving the obligor 20 days to contest the withholding pursuant to 33 V.S.A. § 4108 on the grounds the increase would be improper due to a mistake of fact. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 13; 1989, No. 220 (Adj. Sess.), § 9; 1997, No. 63, § 13, eff. Sept. 1, 1997.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 790. Employee protected; penalty

§ 790. Employee protected; penalty
(a) No employee may be discharged from employment or subjected to disciplinary action on account of a wage withholding order issued to an employer against earnings. Any employee discharged or subjected to disciplinary action in violation of this section may bring an action in superior court for reinstatement of employment, back wages and damages and, if that employee prevails, the court shall award costs and may award reasonable attorney’s fees to the employee.
(b) An employer who discharges or subjects an employee to disciplinary action in violation of this section shall be subject to a fine of $100.00. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 14; 1989, No. 220 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 792. Lottery offset

§ 792. Lottery offset
(a) For all Vermont Lottery games, the Commissioner of Liquor and Lottery shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding child support arrearage payable to the Office of Child Support. If the winner has a child support arrearage, the Commissioner of Liquor and Lottery shall withhold the entire amount of winnings and pay the same to the Office of Child Support. The Office of Child Support shall offset the winnings by the amount of support arrearages and the remainder of the winnings, if any, shall be sent to the winner. The obligor shall be notified by the Office of Child Support of the offset prior to payment to the obligee and given a period not to exceed 20 days to contest the accuracy of the information.
(b) The Office of Child Support shall inform the Commissioner of Liquor and Lottery of persons with child support arrearages upon request. Each liable person shall be identified by name, address, and Social Security number.
(c) This section shall apply to Tri-State Lottery games at such time as the same or similar provisions become law in Maine and New Hampshire in accordance with the Tri-State Lotto Compact. (Added 1989, No. 220 (Adj. Sess.), § 12; amended 2019, No. 73, § 24.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 793. Credit reporting

§ 793. Credit reporting
(a) Information regarding the amount of arrearages owed by an obligor may be made available by the Office of Child Support to any consumer credit bureau organization upon the request of the organization, only if the amount of the arrearages is at least one-quarter of the annual support obligation and the Office of Child Support has notified the obligor by first-class mail or other means likely to give actual notice of the proposed action and given a period not to exceed 20 days to contest the accuracy of the information with the Office of Child Support. In computing the amount of an arrearage, any arrearage accumulated after a motion to modify has been filed shall not be included.
(b) The Office of Child Support shall immediately notify each credit bureau organization to which information has been furnished of any increases or decreases in the account balance. (Added 1989, No. 220 (Adj. Sess.), § 28; amended 1997, No. 63, § 15, eff. Sept. 1, 1997.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 795. Licenses or governmental contracts

§ 795. Licenses or governmental contracts
(a) As used in this section:
(1) “Agency” means any unit of state government, including agencies, departments, boards, commissions, authorities, or public corporations.
(2) “License” means any license, certification, or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation, or a license required to engage in recreational activities, including the license to hunt, fish, or trap.
(3) “Contract” means a contract for the provision of goods, services or real estate space.
(b) Every applicant for a license shall sign a statement that the applicant is not subject to a child support order, or if subject to a child support order is in good standing with respect to the order or in full compliance with a plan to pay any and all child support payable under a support order as of the date the application is filed. A license may not be issued or renewed without such a statement.
(c) No agency shall enter into, extend, or renew any contract unless the person submits a statement that the person is not under an obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order as of the date the contract is made.
(d) For the purposes of this section, a person is in good standing with respect to any and all support payable if:
(1) less than one-twelfth of the annual support obligation is overdue; or
(2) liability for any support payable is being contested in a judicial or quasi-judicial proceeding; or
(3) the person is in compliance with a repayment plan approved by the office of child support or agreed to by the parties; or
(4) in the case of a licensee, the licensing agency finds that requiring immediate payment of support due and payable would impose an unreasonable hardship. (Added 1989, No. 220 (Adj. Sess.), § 29; amended 1997, No. 63, § 16, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 796. Assets held in escrow

§ 796. Assets held in escrow
If a proceeding for enforcement of child support has previously been brought against an obligor under this subchapter and the obligor at any time thereafter fails to pay support in an amount equal to one-twelfth of the annual support obligation, the court may, in addition to any other remedies under this subchapter, order that existing liquid assets be held in escrow by the court sufficient to secure payment of support for a period not to exceed four months. If the obligor fails to pay support in an amount equal to one-twelfth of the annual support obligation, the assets held in escrow shall be applied toward unpaid support. (Added 1989, No. 220 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 797. Civil penalties

§ 797. Civil penalties
The court may impose a civil penalty to be paid to the obligee or to the registry on behalf of the obligee of not more than 10 percent on any amount in arrears for 30 days or more if the court determines that the arrearage was willful. (Added 1989, No. 220 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 800. Contract with sheriff for service of civil process

§ 800. Contract with sheriff for service of civil process
The Office of Child Support may contract with a sheriff’s department for the purpose of locating and investigating child support obligors and serving process, warrants, and mittimus in child support cases. (Added 2009, No. 146 (Adj. Sess.), § C19.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 13 - Change of Name › § 811. Procedure; form

§ 811. Procedure; form
A person of age and sound mind may change his or her name by making, signing, sealing, and acknowledging before the judge of the Probate Division of the Superior Court of the district in which the person resides, an instrument in the following form:
STATE OF VERMONT
____________ District. }
____________ District. }
A. B. (L. S.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 13 - Change of Name › § 812. Minor

§ 812. Minor
A minor may change his or her name by some person who, under 14 V.S.A. chapter 111, may act for him or her, making, signing, sealing, and acknowledging before the judge of the Probate Division of the Superior Court of the district in which such minor resides, an instrument in substantially the form provided in section 811 of this title. Such instrument shall be signed by the person so acting for such minor. However, the name of the minor, if over 14 years of age, shall not be changed without his or her consent given in court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 13 - Change of Name › § 813. Filing of instrument

§ 813. Filing of instrument
An instrument changing the name, by virtue of sections 811 and 812 of this title, shall be filed in the Probate Division of the Superior Court of the district in which such person or minor resides. (Amended 1971, No. 179 (Adj. Sess.), § 13; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 13 - Change of Name › § 816. Amendment of birth certificate

§ 816. Amendment of birth certificate
A person, or the parent or guardian of a minor, may provide the State Registrar of Vital Records with a copy of his or her birth certificate or the birth certificate of the minor and a certified copy of a decree issued under this chapter authorizing a change of name, and request that the birth certificate be amended in accordance with the decree. The State Registrar of Vital Records shall update the Statewide Registration System and proceed in accordance with 18 V.S.A. § 5075. Notwithstanding 18 V.S.A. § 5075, certificates amended pursuant to this section shall have the words “Court Amended” at the top and shall show that the change of name was made pursuant to this chapter. (Amended 1979, No. 172 (Adj. Sess.), §§ 22, 26; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 28, § 3, eff. May 10, 2017; 2017, No. 46, § 57, eff. July 1, 2019.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 13 - Change of Name › § 817. Consultation of Sex Offender Registry when form filed

§ 817. Consultation of Sex Offender Registry when form filed
Upon receipt of a change-of-name form submitted pursuant to section 811 of this title, the Probate Court shall request the Department of Public Safety to determine whether the person’s name appears on the Sex Offender Registry established by 13 V.S.A. § 5402. If the person’s name appears on the Registry, the Probate Court shall not permit the person to change his or her name unless it finds, after permitting the Department of Public Safety to appear, that there is a compelling purpose for doing so. (Added 2009, No. 58, § 12.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 15 - Parent and Child › § 901. Parents’ liability for damages

§ 901. Parents’ liability for damages
(a) When an unemancipated minor under the age of 18 years willfully or maliciously causes damage to any property, public or private, or injury to a person, either of his or her parents shall be liable to the owner of such property or to the person injured, in an action on this statute, for the damage to property, injury to person, or either, in an amount not to exceed $5,000.00 provided such minor would be liable had such minor been an adult. If the damage or injury is caused by two or more such minors, a parent shall be liable for each of his or her children subject to the provisions of this section in an amount not exceeding $5,000.00. The remedy provided shall be in addition to, and not in lieu of, any other remedy which may exist at law; except, however, that any judgment subsequently recovered in any action brought for money damages on account of the damage or injury contemplated shall be reduced by the extent of any previous judgment recovered in any other such action.
(b) The provisions of subsection (a) of this section shall not apply to a parent legally deprived or relieved of the custody of the minor prior to the commission of the act complained of.
(c) In an action under this section against a minor’s parents, nothing contained in the record of any juvenile proceeding involving the minor shall be admissible as evidence except as provided in 33 V.S.A. § 5117.
(d) Law enforcement officers who come in contact with an owner of property damaged by a minor or a person injured by a minor shall make a reasonable effort to inform such person of the provisions of this section. (Added 1959, No. 124, §§ 1, 2; amended 1989, No. 142 (Adj. Sess.), § 7; 1995, No. 147 (Adj. Sess.), § 1; 2013, No. 131 (Adj. Sess.), § 111.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 17 - Causes of Actions and Breach of Contract › § 1001. Causes of action abolished

§ 1001. Causes of action abolished
The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, or breach of contract to marry are abolished. No act done within this State shall operate to give rise, either within or outside this State, to any such right of action. No contract to marry made or entered into in this State shall operate to give rise, either within or outside this State, to any cause or right of action for its breach. (Added 1973, No. 198 (Adj. Sess.).)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 17 - Causes of Actions and Breach of Contract › § 1002. Gifts made in contemplation of civil marriage

§ 1002. Gifts made in contemplation of civil marriage
Nothing in this chapter shall be construed to bar a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of the transfer, or the rescission of a deed to real property when the sole consideration for the transfer of the chattel, money, or securities or real property was a contemplated civil marriage that has not occurred, and the court may, if in its discretion justice so requires:
(1) award the defendant a lien upon the chattel, securities or real property for monies expended in connection therewith or improvements made thereto; or
(2) deny judgment for the recovery of the chattel or securities or for rescission of the deed and award money damages in lieu thereof. (Added 1973, No. 198 (Adj. Sess.); amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 17 - Causes of Actions and Breach of Contract › § 1003. Instruments void

§ 1003. Instruments void
Any contract or instrument executed after July 1, 1974 within this State in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished by this chapter, whether such claim or cause of action arose within or outside this State, is contrary to the public policy of this State and absolutely void. Nothing in this section shall affect the rights of parties to settle or compromise any suit duly begun or pending on July 1, 1974. (Added 1973, No. 198 (Adj. Sess.).)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 18 - Grandparents' Visitation › § 1011. Jurisdiction

§ 1011. Jurisdiction
(a) A court that has considered or is considering the custody or visitation of a minor child may award visitation rights to a grandparent of the child, upon written request of the grandparent filed with the court, if the court finds that to do so would be in the best interests of the child.
(b) No grandparent shall be afforded party status, but may be called as a witness by the court, and shall be subject to cross-examination by the parties.
(c) No appeal may be taken by any grandparent from the court’s decision on visitation as it pertains to any grandparent.
(d) A grandparent who has visitation rights under this section may move the court for enforcement of the court’s order in the same manner as would a party. A hearing shall be held and notice shall be given to the parties pursuant to the Vermont Rules of Civil Procedure. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984; amended 2009, No. 154 (Adj. Sess.), § 127.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 18 - Grandparents' Visitation › § 1012. If a parent is deceased or cannot decide

§ 1012. If a parent is deceased or cannot decide
If a parent of a minor child is deceased, physically or mentally incapable of making a decision, or has abandoned the child, a grandparent of the child may commence an action in Superior Court in the county in which the custodian of the child resides to obtain visitation rights. The action shall promptly be tried without a jury in the same manner as a divorce case. The custodian of the child shall be the party defendant. In the event that the custodian of the child is not the parent of the child, the parent shall also be joined as a party defendant. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 18 - Grandparents' Visitation › § 1013. Decision

§ 1013. Decision
(a) The court shall grant the petitioner reasonable visitation or access to the grandchild upon determining that to do so would be in the best interests of the child.
(b) In determining the best interests of the child, the court shall consider the following factors:
(1) the love, affection, and other emotional ties existing between the grandparents involved and the child;
(2) the capacity and disposition of the parties involved to give the child love, affection, and guidance;
(3) the nature of the relationship between the petitioner and the grandchild and the desirability of maintaining that relationship;
(4) the moral fitness of the parties;
(5) the mental and physical health of the parties;
(6) the reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference;
(7) the willingness and ability of the petitioner to facilitate and encourage a close and continuing relationship between the child and the other parties; and
(8) any other factor which the court considers to be relevant to a just determination regarding visitation or access. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 18 - Grandparents' Visitation › § 1014. Modification

§ 1014. Modification
A court may modify or terminate any order granted under this section, issue any orders necessary to the enforcement of rights or the protection of parties under this section, and award costs for defending or prosecuting actions under this section. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 18 - Grandparents' Visitation › § 1015. Limit on refiling

§ 1015. Limit on refiling
Absent a real, substantial, and unanticipated change of circumstances, no person whose petition under this section is denied with prejudice may file another petition under this section sooner than one year after that denial. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 18 - Grandparents' Visitation › § 1016. Automatic expiration

§ 1016. Automatic expiration
When a child subject to an order under this chapter is later adopted, the order under this chapter expires, except when the adopting parent is a stepparent, grandparent, or other relative of the child. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 20 - Uniform Child Custody Jurisdiction and Enforcement Act › § 1063. Application to Indian tribes; international application

§ 1063. Application to Indian tribes; international application
(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(b) A Vermont court shall treat a foreign country as if it were a state of the United States for the purpose of applying this subchapter and subchapter 2 of this chapter.
(c) Except as otherwise provided in subsection (d) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3 of this chapter.
(d) A Vermont court need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights. (Added 2011, No. 29, § 1.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 20 - Uniform Child Custody Jurisdiction and Enforcement Act › § 1064. Effect of child custody determination

§ 1064. Effect of child custody determination
A child custody determination made by a Vermont court that had jurisdiction under this chapter binds all persons who have been served in accordance with the Vermont laws or notified in accordance with section 1066 of this title or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. (Added 2011, No. 29, § 1.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 20 - Uniform Child Custody Jurisdiction and Enforcement Act › § 1065. Priority

§ 1065. Priority
If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. (Added 2011, No. 29, § 1.)