The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003A
:
CHILD CUSTODY AND SUPPORT
(Cite as: 15 V.S.A. § 656)
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§ 656. Computation of parental support obligation
(a) Except in situations where there is shared or split physical custody, the total child
support obligation shall be divided between the parents in proportion to their respective
available incomes and the noncustodial parent shall be ordered to pay, in money, his
or her share of the total support obligation to the custodial parent. The custodial
parent shall be presumed to spend his or her share directly on the child.
(b) If the noncustodial parent’s available income is less than the lowest income figure
in the support guideline adopted under section 654 of this title or is less than the self-support reserve, the court shall use its discretion to determine
support using the factors in section 659 of this title and shall require payment of a nominal support amount.
(c) If the noncustodial parent’s available income is greater than the self-support reserve
but payment of a child support order based on application of the guideline would reduce
the noncustodial parent’s income below the self-support reserve, the noncustodial
parent’s share of the total support obligation shall be presumed to be the difference
between the self-support reserve and his or her available income. If the noncustodial
parent owes arrears to the custodial parent, the court shall not order the payment
of arrears in an amount that, by itself or in combination with the noncustodial parent’s
share of the total support obligation, would reduce the noncustodial parent’s income
below the self-support reserve, unless the custodial parent can show good cause why
the payment of arrears should be ordered despite the fact that such an order would
drop the noncustodial parent’s income below the self-support reserve. Such arrears
shall remain the responsibility of the noncustodial parent and be subject to repayment
at a time when the noncustodial parent’s income is above the self-support reserve.
(d) The court may use its discretion in determining child support in circumstances where
combined available income exceeds the uppermost levels of the support guideline adopted
under section 654 of this title. (Added 1985, No. 180 (Adj. Sess.), § 4, eff. April 1, 1987; amended 1987, No. 54, § 5, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 18; 2003, No. 159 (Adj. Sess.), § 1.)