| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model. 15 V.S.A. § 654.
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| 2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
Vermont courts typically rely on the number of overnight parenting time to each parent is entitled under an order for parental rights and responsibilities and parent-child contact when running a child support guideline. See 15 V.S.A. § 657.
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| 3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Beginning January 1, 2012, surcharges shall be computed and assessed monthly at an annual rate of six percent and shall not be compounded. All surcharges shall be deemed principal and not interest. Payments received for child support obligations shall be allocated and distributed as follows:(A) first to current support obligations; (B) second to arrearages; and (C) third to surcharge arrears. In the interests of justice, the court may discharge all or part of a surcharge that accrued subsequent to the date of the last judgment upon a finding that since that date, the obligated parent became unable to comply with the underlying support obligation. The obligated parent shall bear the burden of proving inability to comply. 15 V.S.A. § 606.
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| 4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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See above. |
| 5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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No. |
| 6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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Yes. Upon an obligee’s providing documentation of the medical debt owed, and upon sufficient notice to the obligor, Vermont OCS would assist with judicial enforcement of the debt pursuant to the terms of the child support order and Vermont statutory law. |
| 7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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If the child is in the care of others, our agency requires a guardianship or custody order for the child/children subject to the order. We require a UIFSA petition to modify the child support order. Our Court will join the party/entity to the existing order. |
| 7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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Yes. The Vermont Office of Child Support is generally required by law to pursue support in cases in which the custodial parent or guardian receives TANF, or a State-funded equivalent, as a condition of which the custodial parent or guardian has assigned the right to support to the State of Vermont. Vermont OCS currently does not pursue support in “Medicaid-only” cases unless a party applies for non-public assistance services. |
| 8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
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If the order is from another state, and that state law allows for the order to follow the child, we will enforce the order without a custody order. However, we will require a copy of the statute that allows for the order to follow the child if it is not written in the order itself. |
| 9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
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Yes, pursuant to Vermont caselaw. Contact Vermont OCS for further information. |
| 9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
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Yes, pursuant to Vermont caselaw. Contact Vermont OCS for further information. |
| 10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
No.
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| 11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
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In all cases, the obligor is entitled to credit for the dependency benefits up to the amount of the
obligation for periods from the last judgment to the present. This is true whether they were
received as a retroactive lump sum (Louko) or monthly benefits (Rathbone), unless the order
states otherwise. If there is still a support arrearage (child support, surcharge, medical support),
any excess dependency benefit payment will be applied. (LaMothe).
The credit is calculated and filed with a modification to the VT Court in cases where there is a VT order or VT has CEJ. |
| 12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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If the order originates from Vermont and one party lives here, we seek judicial modification of the support obligation based on Vermont statutory law and the Vermont cases Louko v. McDonald and Rathbone v. Course. A court would apply the necessary credits when adjudicating arrears as part of the modification action. We then send the other State an updated arrears affidavit consistent with the Court’s determination. If the order is from another state, we reach out to ask how their state addresses SSDI cases and apply credits according to their guidelines. |
| 13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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An obligor’s receipt of Supplemental Security Insurance (SSI) generally is considered a closure reason. |
| 14. Does your state child support agency have a debt compromise program? |
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Yes. Per VT OCS policy: OCS will consider debt compromise for less than 100% of the arrearage for arrears owed to the State of Vermont (for federally funded TANF). For non-public assistance arrearages (including solely state funded cases), the custodial parent must also agree before a settlement can be made. This should not be confused with the act of forgiving or waiving 100% of public assistance debt. Complete waiver of public assistance debt is at the discretion of the VT Office of Child Support and no written agreement is required. |
| 15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
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If arrearages exist after termination of the obligation to pay support, the amount withheld shall not be reduced until all arrearages are paid in full. 15 V.S.A. § 789(e). A court may change an arrears payment as part of an enforcement or modification proceeding. |
| 16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
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A child’s not residing with the support payee for an indefinite period of time would support a motion to modify a current support obligation to zero. See, e.g. 15 V.S.A. § 660(a)(2). Some Vermont child support magistrates will require a change in the child’s custody order before issuing an order. |
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No. However, custody and visitation must be established in order to calculate child support. In UIFSA responding cases, we would not establish custody and visitation but would instead base child support on the custodial parent having sole custody.
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| 2. How is genetic testing coordinated within your state when the other party is in another state? |
Our lab coordinates a courtesy draw with the lab from another state.
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| 3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99%. 15C V.S.A. § 604
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| 4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
15C V.S.A. § 305
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| 5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Marriage constitutes a rebuttable presumption pursuant to 15C V.S.A. sec. 401.
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| 6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
A father's name on the birth certificate does not constitute a conclusive presumption of paternity. Vermont law permits a presumed or acknowledged parent to challenge parentage under certain circumstances.
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| 7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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1) The child is born during the marriage, 2) the child was born not later than 300 days after the marriage is terminated by death, declaration of invalidity, annulment, divorce or dissolution, 3) the person and the person who gave birth to the child subsequently married and the person asserted parentage and agreed to be and is named as parent on the birth certificate, or the person resided in the same household with the child for the first two years of the child's life including periods of temporary absence, and openly held themselves out to be the parent of the child during that time. 15C V.S.A. § 401 |
| 8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
N/A
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| 9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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The Vermont Department of Health, pursuant to 18 V.S.A. § 5017 charges $10.00 for a certified copy of a vital event certificate. There is no charge of non-certified birth certificates or death certificates. Pursuant to 15C V.S.A. § 311(a), only parties who signed the Voluntary Acknowledgement of Parentage (VAP), the Vermont Office of Child Support, and the Family Services Division of the Department of Children and Families can request copies. There is no charge for VAPs. |
| 10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
No.
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| 10.1 Describe any circumstances under which these fees may be waived? |
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N/A |
| 11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
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No. |
| 12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
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N/A |
| 13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
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One intergovernmental packet with separate Declarations in Support of Establishing Parentage forms for each child. |
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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Judicial. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
N/A
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| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
All except for when applying limited administrative enforcement remedies.
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
The custodial parent. 15 V.S.A. § 656(a).
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| 2.1. What documentation is required as proof/evidence of this information? |
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The parties four most recent paystubs, last two years income tax returns, business records, statement of any benefits received, and statements of any other income. 15 V.S.A. § 653. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
Either party may request a deviation from the child support guideline pursuant to 15 V.S.A. § 659.
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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Support can only be retroactive to the date of filing.
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
None.
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
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Yes, only to the date of filing. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
N/A.
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| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
Yes.
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| 5.1. What about when public assistance is not being expended? |
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Yes, the guardian must have an order of guardianship or custody. |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Modification of support when the Vermont Court issues a zero support order that effectively reserves support.
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| 7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
Yes.
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| 1. What are specific sources of income not subject to withholding? |
We cannot withhold from means tested benefits, SSI and veteran's benefits. 15 V.S.A. § 780(8)-(9).
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| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes. "A wage withholding order shall require an employer to withhold a periodic amount of child support up to the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b))" 15 V.S.A. § 785(b).
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| 2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
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No. |
| 3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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No. |
| 4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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Receipt. |
| 5. What are your state’s sanctions for employers for not implementing income withholding? |
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The employer would be liable to the obligee in the amount of the wages required to be withheld. If an employer, without good cause, fails to forward payment to the registry for more than 30 days they shall be assessed a civil penalty of not more than $100.00 for a first violation and not more than $1,000.00 for a second or subsequent violation. |
| 6. What are the penalties to an employer for failure to remit payments withheld? |
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Not more than $100.00 for a first violation and not more than $1,000.00 for a second or subsequent violation. |
| 7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents. |
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No. |
| 7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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The other state would have to send a UIFSA request for limited services. |
| 8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents. |
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No. |
| 8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
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There is no incoming withholding from a financial institution with an IWO. Please see "Financial Institution Attachment" section under the Enforcement category. |
| 9. How does a noncustodial parent contest an income withholding in your state? |
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An obligor can contest at a hearing, on appeal or in the method prescribed under 15 V.S.A. § 782(a)(4). |
| 10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
Payments apply toward the current support obligation until the obligation is satisfied for the month.
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| 11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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No. |
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
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Financial institutions/bank liens. A transmittal 3 should be sent. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
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In order to freeze and seize a lump sum, obligor must have notice of intent to initiate a trustee process as well as 3 months of non-retroactive arrears. |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
The Vermont Office of Child Support does not currently report to credit bureaus.
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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N/A |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
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N/A |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
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N/A |
| 7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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No. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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Yes. The minimum required past-due amount is $150 for public assistance cases, or $500 for non-public assistance cases. |
| 9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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Yes. Vermont sends all insurance information in its possession to FPLS for proactive matching daily, and the minimum required past-due amount for enforcement action is met if the case is three months in arrears. |
| 10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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Yes. The minimum required past-due amount for enforcement action is met if the case is three months in arrears. |
| 11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
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Yes. Vermont sends all financial institution information in its possession to FPLS for proactive matching daily, and the minimum required past-due amount for enforcement action is met if the case is three months in arrears. |
| 12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
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Yes. The minimum required past-due amount for enforcement action is met if the case is three months in arrears. |
| 13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
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No. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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Administrative. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
No, although retirement accounts have different exemption amount requirements.
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
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The process is centralized but not automated. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
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At a minimum a case needs to have 3 months of non-retroactive arrears. Detailed account information is also required (joint vs sole owner, if joint, are account holders married, account balance, account type). |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No.
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| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
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A transmittal #3 plus documentation showing that case has 3 months of non-retroactive arrears, preferably a case accounting and a copy of the most recent child support order. |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
No.
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| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes, the state must notify the non-custodial parent at least once in the life of a case before beginning any trustee process action.
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| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
The financial institution must hold funds until it receives an Order/Writ to disburse funds.
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| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
The financial institution must hold funds after receipt of a Summons to Trustee until an Order/Writ may be issued. The non-custodial parent has 20 days from receipt of the Summons by the non-custodial parent to contest the trustee process.
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| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
The financial institution must exempt $400.00 from attachment for all accounts, except for retirement accounts of which the financial institution must exempt $5,000.00 from attachment. There is a rebuttable presumption that a joint owner owns 50% of an account which cannot be attached.
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| 25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
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An obligor may contest the amount or validity of the debt or the identity of the individual affected by the attachment. A joint owner may provide evidence to show some or all of the funds derive from the joint owner’s income. |
| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
A financial institution holding assets such as stocks will be directed to liquidate those assets via an Order/Writ of Execution.
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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OCS or the obligee may request suspension of driver’s licenses, professional licenses, or recreational licenses. The petitioner must show that there has been at least one prior enforcement order, that the obligor has failed to comply with that order and that one-quarter of the annual support amount has accumulated as arrearages. Inability to comply is a defense. 15 V.S.A. § 798. |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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Compliance with court ordered license suspension will allow reinstatement. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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OCS or the obligee may request suspension of driver’s licenses, professional licenses, or recreational licenses. The petitioner must show that there has been at least one prior enforcement order, that the obligor has failed to comply with that order and that one-quarter of the annual support amount has accumulated as arrearages. Inability to comply is a defense. 15 V.S.A. § 798. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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No - 15 V.S.A 795- Can only be done at time of professional license renewal. Debt to qualify- 1/12 annual obligation in arrears. OCS Policy is 3 months of arrears since last judgment. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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Yes- 15 V.S.A 795- Can only be done at time of recreation (hunting/fishing) license renewal. Debt to qualify- 1/12 annual obligation in arrears. OCS Policy is 3 months of arrears since last judgment. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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Compliance with order of non-renewal that was granted. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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| 36. What are the criteria for initiating/filing a lien in your state? |
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Need at a minimum 1 month of arrears and identified real property owned by the non-custodial parent. Property cannot be jointly owned by a spouse and cannot be solely a remainderman interest. |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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Administrative. |
| 38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
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No. |
| 39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
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Yes. The process is administrative. |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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Yes, lottery winnings over $500. |
| 40.1 If yes, is this enforcement judicial, administrative, or both? |
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Administrative. |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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Trustee Process of lump sums held by Trustees. Administratively add an arrears repayment or garnishment provision. |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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N/A |
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every three years or upon request of a party.
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| 2. What is your state's modification procedure? Briefly describe. |
When a party or a state agency is seeking to modify the current support our agency requires a petition and the most recent financial information from the requesting party. Our agency will attempt to obtain current financial information from both parties and calculate the guideline that will be filed with the Vermont Court. The Vermont Court will schedule this matter for a conference or a hearing. When conducting a three year review our agency notifies parties that they are eligible for a review and if either party requests the review our agency will send them an income and assets affidavit to complete and requests updated financial information. Our agency will calculate the support based on the information and inform the parties of the result and ask if they want to proceed with the modification.
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| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
The child support guideline must vary from the current obligation by 10%, increase or decrease. 15 V.S.A. § 660(b).
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| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
If the order has been modified within the last three years, there must be a showing of a real, substantial and unanticipated change of circumstances. 15 V.S.A. § 660(b).
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| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
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Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
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Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
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| 4.4. The cost of living has changed. |
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Yes. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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Yes. |
| 4.6. There has been a substantial change in childcare expenses. |
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Yes. |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
The receipt of worker's compensation or unemployment compensation or incarceration greater than 90 days. Change of custody or a change in parent child contact. 15 V.S.A. § 660(c)(1).
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| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
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No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Yes, Vermont can independently request a modification of the order if a party will be incarcerated for more than 90 days. 15 V.S.A. § 660(2).
For Additional Information -
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| 7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
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Please contact Vermont OCS for further information on Vermont law relating to this question. |
| 8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
|
Yes. |
| 9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
|
“The Office of Child Support may independently file a motion to modify child support or change payee if providing services under Title IV-D of the Social Security Act, if a party is or will be incarcerated for more than 90 days, if the family has reunited or is living together, if the child is no longer living with the payee, or if a party receives means-tested benefits.” 15 V.S.A. § 660. |
| 1. Does your state require electronic payments? If yes, provide your state statutory citation. |
|
No |
| 2. What is your state's SDU bank name? |
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The SDU bank is M&T Bank. The SDU lockbox is TD Bank.
|
| 3. What is your state's SDU vendor name? |
|
|
| 4. What is your state's web-based payment service for employers? |
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Employers can pay online using EZPay4Kids. Website: https://secure.vermont.gov/DCF/ezpay4kids/ |
| 5. What is your state's web-based payment service for noncustodial parents? |
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Noncustodial parents can pay online using EZPay4Kids. Website: https://secure.vermont.gov/DCF/ezpay4kids/ |
| 6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
|
Yes. Employers and noncustodial parents can pay using a credit card through EZPay4Kids. https://secure.vermont.gov/DCF/ezpay4kids/ |
| 7. How does your state accept card payments? |
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Credit card payments are accepted through EZPay4Kids. https://secure.vermont.gov/DCF/ezpay4kids/ |
| 8. Are there fees associated with the credit card payments? |
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The person making the credit card payment will pay a $5 fee at the time of purchase. |
| 9. Does your state have other payment options? |
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Not at this time. |
| 10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
|
10 days after receipt or next payday |
| 11. When must an employer remit amounts withheld from an employee's pay? |
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Within 7 working days after wages are withheld, the employer must forward wages to the Registry.
15 V.S.A. § 787a(2). |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
|
The Vermont Guidelines, a rebuttably presumed statutory formula, deducts spousal support paid; pre-existing child support; health insurance coverage; FICA, state and federal taxes as defined in 15 VSA § 653(C) & (D). A self-support reserve is also subtracted from a total support obligation in determining the amount owed. |
| 13. What is your state's priority for withholdings? |
|
Current child support, medical support, child support arrears, medical support arrears, surcharge |
| 14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
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Yes. 15 V.S.A. § 789. |
| 15. What are the withholding limits for non-employees? |
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None. |
| 16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).) |
|
Prorate. |
| 17. When does your state require employers to send notice of an employee's termination? |
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Within 10 days of the date employment is terminated. |
| 18. How long should an employer retain the order after the employee's termination? |
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No law or policy. |
| 19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii)) |
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$5 per month. |
| 20. Provide your state's statutory citation. |
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15 V.S.A. §787, 789. |
| 21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
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No. |
| 22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
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No, employers should inquire whether to issue to the employee or not. |
| 23. Does your state have a threshold amount for a lump sum to be reported? |
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None. |
| 24. Does your state citation or rule provide how long the employer must hold the lump sum? |
|
After notifying OCS of the lump sum, OCS will issue a Summons to Trustee if appropriate ordering the source of income to hold the lump sum until an Order/Writ can be issued. Obligors have 20 days after accepting service of the Summons to Trustee to contest the action before an Order/Writ may be issued. The Order/Writ directs the source of income to disburse the lump sum to OCS. The process is completed when a Discharge of Trustee Process is issued. The discharge is only issued if a Summons to Trustee has been issued. |
| 25. Is the Income Withholding Order (IWO) used for lump sums? |
|
No |
| 26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
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Yes, Summons to Trustee followed by an Order and Writ. |
| 27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
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No. |
| 28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
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No. |
| 29. What is your state's Medical Support Statute? |
|
Vermont State Law
Vermont Statutes Annotated
Title 15 VSA §§ 780 - 790 Definitions, Process & Employer Responsibility
Title 15B VSA §§ 502 - 505 Employer compliance & Penalties for noncompliance
Title 33 VSA § 4110 Employer Obligations |
| 30. What is your state's Reasonable Cost Definition? |
|
The court shall order either or both parents owing a duty of support medical
coverage for the child(ren), provided that medical coverage is available to the
parent at a reasonable cost.
Vermont statute defines reasonable cost as 5% or less of gross monthly 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.
If private health insurance is not available to either parent at the time of the order,
but becomes available at a reasonable cost in the future, the parent would be
required to enroll the child(ren), unless the signed order says otherwise. |
| 31. What is the Health Coverage Expense? |
|
If NCP not enrolled, cost for NCP & child(ren) should be equal to or less than 5%
If NCP is enrolled, cost for adding child(ren) should be equal to or less than 5%
|
| 32. What is the Income Withholding Limits for Support? |
|
While federal law allows for a maximum of 65% of disposable income to be
withheld, our policy is 50% when information about additional dependents is
not available. |
| 33. What is the Priority of Withholding? |
|
Any payments received must be applied to current support first, followed by arrears, surcharge, then fees. |
| 34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
|
The National Medical Support Notice instructs employers should State/Federal withholding limitations prevent enrollment they should not enroll the employee/child(ren) in coverage. |
| 35. According to 45 CFR §303.32(a), what are your state options? |
|
Either or both parents.
|
| 36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
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The employee should contact the Vermont Office of Child Support at the phone number listed on the NMSN. |
| 37. What is the reporting timeframe (non-magnetic media only)? |
|
Within 10 days of hire date. |
| 38. What are the required data elements? |
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New Hire Information: Employee name, Employee address, SSN, First date of work,
Employer name, Employee address, FEIN; |
| 39. What are the methods of transmission? |
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Online (state portal), Mail (CD), Fax. |
| 40. Does your state require independent contractor reporting? |
|
No. |