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
007
:
CHILD SUPPORT ENFORCEMENT
(Cite as: 15 V.S.A. § 798)
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§ 798. Enforcement of child support orders; suspension of licenses
(a) Upon noncompliance with an order issued under section 606 of this title, a motion may be filed seeking an order for suspension of licenses under this section.
The motion shall be scheduled for hearing in accordance with the Vermont Rules of
Family Proceedings within 30 days of the filing of the motion. At a hearing under
this subsection, the obligor shall have the opportunity to present evidence relating
to the reasons for noncompliance. An inability to comply shall be a defense in an
action brought under this subsection. The noncomplying party shall have the burden
of demonstrating inability to comply. An order issued under subsection (c) of this
section is in addition to other remedies available at law.
(b) The Office of Child Support may administratively suspend licenses under this section
upon noncompliance with an order under section 606 of this title. Prior to suspending a license, the Office of Child Support shall notify the obligor
of the Office’s intent to suspend the obligor’s license and shall provide the obligor
with an opportunity to contest the action pursuant to 33 V.S.A. § 4108. If the obligor fails to either contest the claimed delinquency or request an opportunity
to present evidence relating to the noncompliance within 21 days of notification,
the Office of Child Support may issue a license suspension order.
(c) Upon a finding of noncompliance with an order issued under section 606 of this title and a delinquency of at least one-quarter of the annual support obligation, the Office
of Child Support, or a judge or magistrate of a Family Division of the Superior Court,
if assigned by the presiding judge of such court, may order a civil suspension of
a noncomplying party’s motor vehicle operator’s license issued under 23 V.S.A. chapter 9 or commercial driver license issued under 23 V.S.A. chapter 39, recreational license, and any other license certification or registration issued
by an agency to conduct a trade or business, including a license to practice a profession
or occupation.
(d) Upon receipt of a license suspension order issued under this section, the license
issuing authority shall suspend the license according to the terms of the order. Prior
to suspending the license, the license issuing authority shall notify the license
holder of the pending suspension and provide the license holder with an opportunity
to contest the suspension based solely on the grounds of mistaken identity or compliance
with the underlying child support order. The license shall be reinstated within five
business days of a reinstatement order from the court or notification from the Office
of Child Support or the custodial parent, where the rights of that parent have not
been assigned to the Office of Child Support, that the parent is in compliance with
the underlying child support order. The license issuing authority shall charge a reinstatement
fee as provided for in 23 V.S.A. § 675, or as otherwise provided by law or rule.
(e) The license issuing authority shall adopt procedural rules in accordance with the
provisions of 3 V.S.A. chapter 25 to implement the provisions of this section. (Added 1995, No. 59, § 11; amended 1997, No. 63, § 17, eff. Sept. 1, 1997; 2009, No. 146 (Adj. Sess.), § C16; 2009, No. 154 (Adj. Sess.), § 238; 2017, No. 11, § 47.)