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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 4 : Judiciary

Chapter 010 : FAMILY COURT

Subchapter 002 : OFFICE OF MAGISTRATE

(Cite as: 4 V.S.A. § 464)
  • § 464. Representation

    (a) Any person or other legal entity, including the State, shall be entitled but not required to be represented by an attorney before a magistrate. Nonattorney employees of the Office of Child Support who have been duly qualified by the Office of Child Support may sign complaints and motions and may participate in child support hearings before a magistrate, including those arising under 33 V.S.A. § 5116 subject to the conditions in subsections (b) and (c) of this section. This participation shall not be considered the unauthorized practice of law.

    (b) Participation in a proceeding shall consist of:

    (1) presentation of current and material evidence relative to both parents' income and resources;

    (2) computation of parental support obligations based upon child support guidelines, and recommendations for any deviations from that amount after consideration of the best interests of the child;

    (3) relevant supporting documentation and legal justification for the recommendation.

    (c) A current roster of qualified Office of Child Support staff shall be furnished to the court by the Office of Child Support. Such staff may be denied the right to participate in child support proceedings upon notice to the Office of Child Support from the Court Administrator. The notice shall indicate the basis for the decision. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 105, § 2; 1995, No. 63, § 139b, eff. July 1, 1996; 2013, No. 131 (Adj. Sess.), § 101.)