§ 658. Support
(a) In an action under this chapter or under chapter 21 of this title, the court shall
order either or both parents owing a duty of support to a child to pay an amount for
the support of the child in accordance with the support guidelines as set forth in
this subchapter, unless otherwise determined under section 659 of this title.
(b) A request for support may be made by either parent, a guardian, or the Department
for Children and Families or the Department of Vermont Health Access, if a party in
interest. A court may also raise the issue of support on its own motion.
(c) The court may order support to be continued until the child attains the age of majority
or terminates secondary education, whichever is later.
(d) The court or magistrate may order an obligor or a parent who will become the obligor
pending an anticipated child support order to participate in employment, educational,
or training-related activities if the court finds that participation in such activities
would assist in providing support for a child, or in addressing the causes of the
default. The court may also order the parent to participate in substance abuse or
other counseling if the court finds that such counseling may assist the parent to
achieve stable employment. Activities ordered under this section shall be consistent
with, and may be more rigorous than, any requirements of a state or federal program
in which the parent is participating. For the purpose of this subsection, “employment,
educational, or training-related activities” shall mean:
(1) Unsubsidized employment.
(2) Subsidized private sector employment.
(3) Subsidized public sector employment.
(4) Work experience (including work associated with the refurbishing of publicly assisted
housing) if sufficient private sector employment is not available.
(5) On-the-job training.
(6) Job search and job readiness assistance.
(7) Community service programs.
(8) Vocational educational training (not to exceed 12 months with respect to any individual).
(9) Job skills training directly related to employment.
(10) Education directly related to employment, in the case of a recipient who has not received
a high school diploma or a certificate of high school equivalency.
(11) Satisfactory attendance at secondary school or in a course of study leading to a certificate
of general equivalence, in the case of a recipient who has not completed secondary
school or received such a certificate.
(12) The provision of child care services to an individual who is participating in a community
service program.
(13) An employment services program, which may provide referrals for employment, training,
counseling, or other services. Any report provided from such a program shall be presumed
to be admissible without the appearance of a witness from the program in accordance
with the provisions in 4 V.S.A. § 466(f).
(e) A consent to the adoption of a child or the relinquishment of a child, for the purpose
of adoption, covered by a child support order shall terminate an obligor’s duty to
provide future support for the adopted child without further order of the court. Unpaid
support installments accrued prior to adoption are not discharged and are subject
to the jurisdiction of the court. In a case involving a child covered by a Vermont
child support order, the Probate Division of the Superior Court shall also file the
consent or relinquishment with the Family Division of the Superior Court in the case
in which the support order was issued and shall notify the Office of Child Support
of any order terminating parental rights and of the final adoption decree. Upon receipt
of the consent or relinquishment, the Office of Child Support shall terminate the
obligor’s duty to provide further support.
[Subsection (f) shall apply to child support cases filed before July 1, 2010.]
(f)(1) The court shall order either or both parents owing a duty of support to provide a
cash contribution or medical coverage for a child, provided that medical coverage
is available to the parent at a reasonable cost. Medical coverage is presumed to be
available to a parent at a reasonable cost only if the amount payable for the individual’s
contribution to the insurance or health benefit plan premium is five percent or less
of the parent’s gross income. the court, in its discretion, retains the right to order
a parent to obtain medical coverage even if the cost exceeds five percent of the parent’s
gross income if the cost is deemed reasonable under all the circumstances after considering
the factors pursuant to section 659 of this title.
(2) If private health insurance or an employer-sponsored health benefit plan is not available
at a reasonable cost, the court may order one or both parents owing a duty of support
to contribute a cash contribution of up to five percent of gross income toward the
cost of health care coverage of a child under public or private health insurance or
a health benefit plan. A cash contribution under this section shall be considered
child support for tax purposes. When calculating the contribution of a parent whose
child receives coverage under Medicaid, a Medicaid waiver program, or Dr. Dynasaur,
the court shall not order a contribution greater than the premium amount charged by
the Agency of Human Services for the child’s coverage.
[Subsection (f) as amended by 2009, Act No. 156 (Adj. Sess.), § E.319.1 shall apply to child support cases filed on or after July 1, 2010.]
(f)(1) The court shall order either or both parents owing a duty of support to provide a
cash contribution or medical coverage for a child, provided that medical coverage
is available to the parent at a reasonable cost. Medical coverage is presumed to be
available to a parent at a reasonable cost only if the cost of adding the child to
an existing insurance or health benefit plan or the difference between providing coverage
to the individual alone and family coverage under an existing insurance or health
benefit plan is five percent or less of the parent’s gross income.
(2) If private health insurance or an employer-sponsored health benefit plan is not available
at a reasonable cost, the court may order one or both parents owing a duty of support
to contribute a cash contribution of up to five percent of gross income. the court
also may order a cash contribution if a child receives coverage or health benefits
under Medicaid, a Medicaid waiver program, Dr. Dynasaur, or is uninsured. A cash contribution
under this section shall be considered child support for tax purposes.
(3) The court, in its discretion, may order a parent to provide a cash contribution or
coverage under a public or private insurance or health benefit plan even if the cost
exceeds five percent of the parent’s gross income, if the cost is deemed reasonable
under the totality of the circumstances after considering the factors pursuant to
section 659 of this title.
(g) [Repealed.] (Added 1985, No. 180 (Adj. Sess.), § 6, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 21; 1993, No. 228 (Adj. Sess.), § 7; 1995, No. 59, § 5; 1995, No. 161 (Adj. Sess.), § 3; 1997, No. 63, § 7, eff. Sept. 1, 1997; 2003, No. 159 (Adj. Sess.), § 6; 2005, No. 174 (Adj. Sess.), § 33; 2005, No. 215 (Adj. Sess.), § 131; 2007, No. 118 (Adj. Sess.), § 1, eff. July 1, 2012; 2009, No. 154 (Adj. Sess.), §§ 126, 126a; 2009, No. 156 (Adj. Sess.), §§ E.319.1, I.18; 2011, No. 119 (Adj. Sess.), § 4.)