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Subchapter 001: UNIFORM DESERTION AND NONSUPPORT ACT
§ 201. Definitions
The word “child,” as used in this subchapter, shall mean a child who is under the
age of 18 years, or is under the age of 21 years and is a student regularly attending
a school, college or university or their equivalent, or is regularly attending a course
of vocational or technical training designed to fit him for gainful employment, and
shall include a “stepchild” under such age. The words “adult child,” as so used,
shall mean a child over the age of minority. (Amended 1971, No. 98, § 1, eff. April 22, 1971.)
§ 202. Penalty for desertion or nonsupport
A married person who, without just cause, shall desert or willfully neglect or refuse
to provide for the support and maintenance of the person’s spouse and children, leaving
them in destitute or necessitous circumstances or a parent who, without lawful excuse,
shall desert or willfully neglect or refuse to provide for the support and maintenance
of the child shall be imprisoned not more than two years or fined not more than $300.00,
or both. Should a fine be imposed, the court may order the same to be paid in whole
or in part to the needy spouse or to the guardian, custodian, or trustee of the child.
The Office of Child Support attorneys, in addition to any other duly authorized person,
may prosecute cases under this section in Vermont Superior Court. (Amended 1973, No. 201 (Adj. Sess.), § 2; 2009, No. 146 (Adj. Sess.), § C21; 2025, No. 64, § 26, eff. June 12, 2025.)
§ 203. Institution of proceedings
Proceedings under this subchapter may be instituted by any prosecuting officer upon
complaint made by the deserted married person, child, or by any other person, including
a parent in proper cases, against a spouse, parent, or adult child, accused of an
offense named in section 202 of this title. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 201 (Adj. Sess.), § 3; 1973, No. 249 (Adj. Sess.), § 68, eff. April 9, 1974; 1987, 1973, No. 174 (Adj. Sess.), § 4.)
§ 204. Temporary orders
At any time before the trial, upon application of the complainant and upon notice
to the respondent, the court, or a judge thereof in vacation, may enter such temporary
order as may seem just providing for the support of the deserted spouse or child,
or both, or of such parents, pendente lite, and may punish for violation of such order
as for contempt. (Amended 1973, No. 201 (Adj. Sess.), § 4.)
§ 205. Order for payment; probation; recognizance
Before the trial, with the consent of the respondent, or at the trial on entry of
a plea of guilty, or after conviction, instead of imposing the penalty provided in
section 202 of this title, or in addition thereto, the court, in its discretion, having regard to the circumstances
and to the financial ability or earning capacity of the respondent, may make an order
that shall be subject to change by the court from time to time, as circumstances may
require, directing the respondent to pay a certain sum periodically to the spouse
or to the guardian or custodian of the child or to an organization or individual approved
by the court as trustee or to a parent or his or her guardian. Such court may order
the respondent released from custody and placed on probation, upon his or her entering
into a recognizance, with or without surety, in such sum as the court, or a judge
thereof in vacation, may order and approve. The condition of the recognizance shall
be such that if the respondent shall make his or her personal appearance in court
whenever ordered so to do and shall further comply with the terms of such order of
support, or of any subsequent modification thereof, such recognizance shall be void,
otherwise in full force and effect. (Amended 1973, No. 201 (Adj. Sess.), § 5.)
§ 206. Proceedings on failure to comply
If the court is satisfied by information and due proof under oath that the respondent
has violated the terms of such order, it may forthwith proceed with the trial of the
respondent under the original charge, or sentence him or her under the original conviction
or enforce the suspended sentence, as the case may be. In case of forfeiture of a
recognizance and enforcement thereof by execution, the sum recovered, in the discretion
of the court, may be paid in whole or in part to the spouse or to the guardian, custodian
or trustee of the child, or to a parent or his or her guardian. (Amended 1973, No. 201 (Adj. Sess.), § 6.)
§ 207. Evidence; competency of parties as witnesses
Other evidence shall not be required to prove the civil marriage of the husband and
wife, or that the respondent is the father or mother or stepfather or stepmother of
the child, than is or shall be required to prove such facts in a civil action. In
a prosecution under this subchapter, any existing statute or rule of law prohibiting
the disclosure of confidential communications between husband and wife shall not apply,
and both husband and wife shall be competent witnesses to testify against each other
to any and all relevant matters, including the fact of the civil marriage and the
parentage of the child; provided that neither shall be compelled to give self-incriminating
evidence. Proof of the desertion of the husband or wife or child in destitute circumstances
or of neglect or refusal to provide for the support and maintenance of the husband,
wife, or child shall be prima facie evidence that the desertion, neglect, or refusal
is willful. (Amended 1973, No. 201 (Adj. Sess.), § 7; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
§ 208. Repealed. 1973, No. 201 (Adj. Sess.), § 12.
§ 209. Disposition, care, and maintenance of children
When a parent is found guilty of nonsupport or desertion of his or her child, the
court may enter such order or judgment relating to the disposition, care, and maintenance
of such child, either by committing the child to the Department for Children and Families
or to some person or suitable institution, as shall be equitable in the premises.
The court may enforce the same by execution or by any proper proceedings. The property
of such parent shall not be exempt from levy and sale under execution. (Amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 27.)
§ 210. Construction
This subchapter shall be so interpreted and construed as to effect its general purpose
to make uniform the law of those states which enact it.
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Subchapter 003: SUPPORT OF SPOUSE AND CARE OF CHILDREN
§ 291. When a married person deserts or fails to support his or her spouse
(a) When a married person without just cause fails to furnish suitable support for that
person’s spouse, or has deserted such spouse, or when a married person, for a justifiable
cause, is actually living apart from such spouse, on the complaint of either married
person, or, if the deserted spouse has a mental condition or psychiatric disability,
on the complaint of a guardian or next friend, the Superior Court, by its order, may
prohibit either spouse from imposing restraint on the other’s personal liberty for
such time as the court in such order directs, or until further order.
(b) Upon the application of the husband or wife, or of the guardian or next friend of
either spouse, such court may make such orders as it deems expedient concerning the
support of either spouse and the care, custody, education, and maintenance of the
minor children of the parties. It may determine with which of the parents the children,
or any of them, shall remain, and thereafter, from time to time, on similar application,
may revise and alter such order, or make a new order or decree, as the case requires.
(c) The complaint may be brought in the county in which either of the parties resides,
except that, if the complainant has left the county in which the parties have lived
together, the adverse party still residing therein, the complaint shall be brought
in that county.
(d) When complaint is made as provided in this section, a summons shall be issued to the
other party directing him or her to cause his or her appearance therein to be entered
not later than 21 days after the date of the service thereof and show cause why the
prayer of the complaint should not be granted, which summons and the complaint shall
be served on such party as provided by section 596 of this title.
(e) After filing such complaint the Superior Court in which the cause is pending, or a
Superior judge, on application of either party, may make such order concerning the
care and custody of such minor children, or the support of either spouse, during the
pendency of the complaint, as is deemed expedient and for the benefit of either spouse
or the children.
(f) When filed and recorded in the office of the clerk of a town, or served upon a private
corporation, such order shall be a lien upon such of the real estate and personal
property of the defendant in such town, and upon the stock of the defendant in such
corporation as is mentioned in the order.
(g) For the purposes of this section, “children” shall include stepchildren. (Amended 1971, No. 98, § 2, eff. April 22, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 201 (Adj. Sess.), § 8; 2013, No. 96 (Adj. Sess.), § 66.)
§ 292. Repealed. 1981, No. 247 (Adj. Sess.), § 18.
§ 293. When parents live separately
(a) When parents of minor children, or parents and stepparents of minor children, whether
said parents are married or unmarried, are living separately, on the complaint of
either parent or stepparent or, if it is a party in interest, the Department for Children
and Families, the Family Division of the Superior Court may make such decree concerning
parental rights and responsibilities and parent-child contact as defined in section 664 of this title, and the support of the children, as in cases where either parent deserts or without
just cause fails to support the children. Thereafter on the motion of either of the
parents, the stepparent, or the Department for Children and Families, the court may
annul, vary, or modify the decrees.
(b) Any legal presumption of parentage as set forth in 15C V.S.A. § 401 or an unrescinded acknowledgment of parentage signed by the parties and executed
in accordance with 15C V.S.A. § 301 shall be sufficient basis for initiating a support action under this section without
any further proceedings to establish parentage. (Amended 1971, No. 98, § 3, eff. April 22, 1971; 1973, No. 193 (Adj. Sess.), § 3 eff. April 9, 1974; 1993, No. 228 (Adj. Sess.), § 10; 1995, No. 161 (Adj. Sess.), § 2; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 28; 2009, No. 154 (Adj. Sess.), § 238; 2023, No. 175 (Adj. Sess.), § 13a, eff. July 1, 2024.)
§ 294. Repealed. 2023, No. 175 (Adj. Sess.), § 13b, eff. July 1, 2024.
(Added 1971, No. 98, § 4, eff. April 22, 1971; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 29; repealed by 2023, No. 175 (Adj. Sess.), § 13b, eff. July 1, 2024.)
§ 295. Service of complaint
When a complaint is made under section 293 of this title, a summons shall be issued
to the other party directing such person to appear not later than 21 days after the
date of the service and show cause why the complaint should not be granted. The summons
and complaint shall be served on the party as provided by Rule 4.0 of the Vermont
Rules for Family Proceedings. After the filing of the complaint, the Superior Court
in which the cause is pending, or any Superior judge, may, on application of either
party make such order concerning the care and custody of the minor children during
the pendency of the complaint, as is deemed expedient and for the benefit of such
children. (Amended 1971, No. 98, § 5, eff. April 22, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 175 (Adj. Sess.), § 13c, eff. July 1, 2024.)
§ 296. Liability of stepparents
A stepparent has a duty to support a stepchild if they reside in the same household
and if the financial resources of the natural or adoptive parents are insufficient
to provide the child with a reasonable subsistence consistent with decency and health.
The duty of a stepparent to support a stepchild under this section shall be coextensive
with and enforceable according to the same terms as the duty of a natural or adoptive
parent to support a natural or adoptive child including any such duty of support as
exists under the common law of this State, for so long as the marital bond creating
the step relationship shall continue. (Added 1971, No. 247 (Adj. Sess.), § 2, eff. April 7, 1972; amended 1985, No. 180 (Adj. Sess.), § 12, eff. April 1, 1987.)