C – State of Vermont
Part 1: Description of the Child Support Model
A. Overview
In 1984, due to the varied procedures and extensive judicial discretion yielding inconsistent child support award decisions, the US Congress enacted the Child Support Enforcement Amendments.107 These amendments required states to adopt state-wide advisory child support guidelines by October 1, 1987, based upon “specific and numeric criteria”. However, judges were allowed discretion as to whether to follow the guidelines. Although states established guidelines in accordance with the legislation, inconsistencies continued.108
As a result, Congress promulgated the Family Support Act of 1988.109 The Act not only affirmed the use of mathematical child support guidelines but also mandated the use of guidelines as a rebuttable presumption in the determination of child support amounts. Further, the Act stipulated that each state must review their guidelines every four years to ensure that their application results in the determination of appropriate child support amounts.
In complying with the above federal requirements, the State of Vermont adopted the income shares model that was developed as part of the 1984-87 National Child Support Guidelines Project.110 Vermont enacted its first child support legislation in 1985 and the resulting legislation articulated the objectives that embody the current approach to determining child support. The Vermont Child Support Guidelines are prescribed in state statute (15 Vermont Statutes Annotated (V.S.A.) §650-670)111 and are set by administrative rules.112
The statute sets out the objectives of the child support guidelines and states that the best interests of the child should guide the court when determining child support. Several factors are to be considered and are set out in the statute.113
The guidelines provide a rebuttable presumption for calculating child support obligations. The guidelines’ amount may be rebutted in whole or in part. However, every order rebutting the guidelines’ amount shall state the reason for the deviation. The family court must issue child support “obligations” in accordance with these guidelines unless applying them would be unjust, inappropriate or not in the best interests of the children.
The Vermont Child Support Guidelines are referred to as an income-shares model. As stated in the statute, one of the underlying assumptions of this model is that both parents contribute to the financial support of the child.114 As a result, the incomes of both parents are used to determine the support obligation. Another assumption underlying this model is that children should be entitled to the same level of expenditures that they would have received had the parents lived together and combined their resources. Hence, embedded in the model is a measurement of how much families spend on their children.
As set out in statute, the Secretary of Human Services is required to administer the guidelines and produce tools and required forms to allow parents and the court to calculate child support amounts.115
To assist parents in calculating their child support obligation, the Office of Child Support (OCS), Department for Children and Families, Vermont Agency of Human Services, provides tools such as worksheets and an online calculator as well as in-person support provided by case managers. In addition to determining child support amounts, the OCS provides a variety of other services for parents, family officials, employers, and other child support agencies, including enforcement measures, establishing paternity, locating delinquent parents and providing general information on how child support is administered in Vermont.
A key component of the tools provided by the OCS to assist parents and legal professionals in determining child support amounts is the production of three sets of tables. These tables are constructed based on the different parenting time arrangements: sole, split and shared custody.
The Vermont Child Support Guidelines consider several factors:116
- How many nights the child spends with each parent;
- Whether either parent is paying for a prior child support obligation or has other minor children living in the household;
- Whether one or more children are living with the other parent in a shared or split physical custody situation;117
- The ability of the parents to pay child support. This is done through the inclusion of a self-support reserve in the calculation; and
- Other special circumstances, such as the cost of extraordinary educational or medical expenses for the child, income received by the child, or the cost of child care required so that the parent can either go to work or school.
With court approval, if both parents agree that the guidelines amounts are unfair, they can depart from the guidelines. As well, if either parent believes the amount using the guidelines is unfair to either himself or herself or the child, they can request a deviation hearing. The factors that the court may consider in assessing the request to deviate from the guidelines include but are not limited to:118
- The financial resources of the child, custodial and the noncustodial parent;
- Any costs for the educational, physical and emotional needs of the child;
- Any extraordinary travel expenses incurred by either parent to maintain contact with the child; and
- The standard of living the child would have enjoyed had the parents stayed together.
Another unique feature of the Vermont Guidelines is the concept of a “maintenance supplement”. This provision in the statute allows a party to request a child support supplement to the child support amount in an effort to correct any disparity that may have resulted in a lower standard of living for the child than the child would have had if the family remained intact. In these circumstances, the courts are required to look at the respective financial circumstances of both parties including their assets and liabilities.119
B. How can Parents Obtain a Child Support Award?
In Vermont, parents have three options120 to arrange child support. They can opt for:
- Parent negotiated child support arrangements – Should either parent choose this option, they may use the guidelines as a reference point, although this is not compulsory. If both parties negotiate a child support amount, they have the option of submitting an agreement (referred to as a stipulated agreement) in writing to the court, and the judge will finalize the child support order.
- Use the services of the OCS – Either parent can apply to use the services. These services include establishing parentage, establishing an order for child and medical support, modifying or enforcing an existing order, and locating a noncustodial parent. If children are either receiving social assistance or Medicaid or are receiving any services from the OCS, by law, the State of Vermont is required to establish a medical support and/or child support order. The only exceptions are when the OCS or the parent in receipt of support deems (and provides good cause) that it is not in the child’s best interests to do so, such as in cases of domestic violence or child abuse.121 In these situations, the case is referred to the courts.
- OCS will apply the child support guidelines. Should either party not agree with the child support amount, they may elect to go before a judge.
- Seek a court order for maintenance – In these situations parents usually cannot agree on a child support amount and they do not want to use or are not required to use the services of the OCS. In these cases, the judge will use the guidelines but can also deviate from the guidelines amount if there are extra expenses, which can be taken into account if warranted.
All cases of child support are heard in the Family Division of Superior Court in Vermont. In an effort to assist families, case managers are available to assist parties to prepare for any hearings, help them understand their rights and responsibilities and answer any questions about the court process.
C. How the Formula Works122
In Vermont, the determination of child support obligations requires a number of steps and the use of different tables depending on the shared and/or split custody arrangements. The OSC also provides an online calculator tool123 to assist parents in assessing potential child support amounts based on their circumstances.
Part 2 of this Summary Report includesthe specific elements and relevant detailed calculations contained in the formula. To assist the reader in understanding the application of the Vermont Guidelines, in a simple sole custody situation where the child resides with the receiving parent for more than 75% of the time, the following steps are completed:
Step 1 - Determine each parent’s gross income
Both parents must first disclose their gross income and determine the number of children who will be the subject of the order. If either parent is self-employed or is receiving or paying spousal support, an adjustment is made to their monthly gross income.
Step 2 - Determine each parent’s Monthly Net Income Available for Child Support
Using the tax conversion table (Adjusted Gross To After Tax Income Conversion Table for Sole and Split Custody Cases – After Tax Incomes for Custodial and Noncustodial Parents and Different Numbers of Children)124, each parent’s monthly gross income is converted into a net income; this income becomes the Monthly After Tax Income. If either parent has a payment for a pre-existing child support order, health insurance costs or an amount for any additional dependents, these costs are subtracted from their respective Monthly Net Income Available for Child Support amount.
Step 3 - Determine the proportional share of income for each parent
Divide their monthly net incomes by their combined net income to generate their proportional share of their combined income.
Step 4 - Determine the Child Support Guidelines Amount
Using the Guidelines Table (referred to as the Vermont Table of Intact Family Expenditures on Children), determine the relevant child expenditures based on the combined monthly net income of both parties and number of children. This is termed the Child Support Guidelines Amount.
Step 5 - Determine the Combined Family Expenditures
Add to the amount in Step 4 any qualified childcare expenses, extraordinary medical or educational expenses, this results in the Combined Family Expenditures.
Step 6 - Determine each parent’s share of Combined Family Expenditures
Multiply each parent’s proportional share of their combined incomes (Step 3) by the Combined Family Expenditures. This is their respective Parental Support Obligation.
Step 7 - Determine the ability to pay for the paying parent
Subtract the Self-Support Reserve125 from their Monthly Net Income Available for Child Support (from Step 2) to produce the Income Available for Support. The Final Monthly Support Payable is either the paying parent’s Parental Support Obligation or Income Available for Support, whichever is less.
In more complex cases where the child spends more than 25% of nights with each parent, or in split custody cases, separate worksheets, Tax Tables and Guidelines Tables must be used.
In cases where the child stays with the parent at least 25% of all overnights, the Child Support Guidelines Amount, is multiplied by 1.5. This additional amount is to account for the cost of maintaining two households. Similar to the situation of less than 25%, any extraordinary medical or educational costs, such as childcare, are added to this “higher” Child Support Guidelines Amount to produce the Combined Family Expenditures. These total costs are then shared according to the parents’ proportional share of their income.
In split custody cases, each parent completes the appropriate worksheet according to the number of children in their care. Then, the parent with the higher final child support obligation will pay the other parent the difference in their amounts.
Part 2: Elements of the Child Support Model
A. Data Source Used to Determine Expenditures on the Children
How are expenditures for the child determined?
As noted earlier, the general premise of any income shares model is that each parent is responsible for their share of the prorated expenses of raising their children. As with all models, a key component of the income shares model is to determine the expenditures on the child that the parents will share in proportion to their income.
The Department for Children and Families, Vermont Agency of Human Services, is required by statute to create a guideline for child support that reflects the percent of combined available income that intact families in Vermont ordinarily spend on their children. This guideline is also to be based on the financial needs of Vermont children established by reliable data that reflects their need.126
Measurements of child-rearing expenditures underlying the amounts contained in the original Guideline Table are based on the Betson-Rothbarth methodology of estimating child rearing expenditures.127
In simple terms, this approach is a “marginal cost” approach that compares expenditures of two sets of equally well-off households. One set consists of couples with children and the second set consists of couples without children. The difference in expenditures is assumed to be the cost spent on child rearing.128
Several adjustments have been made to the methodology to ensure there is no double counting of expenditures (for such items as medical care, health insurance premiums and childcare) and to ensure consistency with the accompanying policy that allows for variations to the schedule amounts (such as in cases of split or shared custody). As well, there is no adjustment made to the expenditure data underlying the table for the child’s age.129
The data used to develop the amounts contained in the Guideline Table are derived from the 2004-2009 USDA Consumer Expenditure Survey administered by the Bureau of Labor Statistics.130
How are the expenditures reflected in the formula calculations?
Applicationof the guideline requires the use of the Vermont Table of Intact Family Expenditures on Children that is provided by the Office of Child Support. The table reflects the expenditures on children andforms a key component of the Vermont Guidelines. It was first developed in 1996 and has since been updated. It incorporates economic data on how much two parents typically spend on their children for a range of family incomes and number of children. This table allows parents to look up their monthly combined net income available and match it to the appropriate income band to find the basic child support obligation (basic child costs), based on the number of children for which support is being calculated. This table sets out the combined monthly income of the two parents in income bands and number of children (1 to 6). The first income band is $625 - $674 per month of combined income while the last income band is $24,975 - $25,025.131
The Guidelines Tables do not include childcare, the cost of the child’s health insurance premium, nor any out-of-pocket expenses for the child’s healthcare. The guidelines calculation considers the actual amounts expended for these items on a case-by-case basis.132
The table is updated every four years with the next revisions expected shortly.
B. Approach Used to Apportion the Amount that the Two Parents will Share
Vermont uses an Income Shares model. As with all income shares models, the calculations involve adding the two parents’ net incomes together, and in this case, the “Adjusted Monthly Net Income”, to produce a total. By dividing each parent’s net income amount by their combined net income amount, their respective “income” percentages are produced. This percentage is then multiplied by the child support obligation amount to determine the child support amount the paying parent is responsible for. This amount is called the Parental Support Obligation.
C. Accompanying Policy/Legislation (Rules)
i) Determination of income
The application of the Vermont Guidelines requires the monthly net incomes for both parents. To arrive at these amounts, the gross income for both parents is first determined. The statute requires that both parents complete, exchange and file with the court an affidavit that sets out each parent’s gross income and assets.133
Gross income is defined as all income and earnings from all sources. The income may or may not be taxable. Income can be in the form of money, property, or services.
Gross income includes:134
- Wages, salaries, earnings, tips, interest, capital gains, commissions, and bonuses;
- Worker’s compensation or other personal injury awards intended to replace income;
- Unemployment insurance;
- Income continuation benefits and Social Security Disability Income payments;
- Contributions to retirement and cafeteria plans and undistributed income of a corporation; and
- Military allowances and veterans disability benefits.
Gross income does not include:135
- Child support payments received; and
- The amount of money from means tested public assistance programs such as: Temporary Assistance for Needy Families, Supplemental Income, the Supplemental Nutrition Assistance Program, and General Assistance.
Conversion of monthly gross income to net income
As discussed earlier, each parent’s monthly gross income is converted into net monthly-adjusted income. This is because the Vermont Table of Intact Family Expenditures on Children is based on the net combined available income of both parents. In order to assist parents in the tax conversion calculations, Vermont developed two Tax Tables. These Tax Conversion Tables convert gross income to net income using standardized adjustments for taxes.
The first is the Adjusted Gross to After Tax Income Conversion Table for Sole and Split Custody Cases – After Tax Incomes for Custodial and Noncustodial Parents and Different Numbers of Children. The second is the table to be used in shared custody situations and is entitled the Adjusted Gross to After Tax Income Conversion Table for Shared Custody Cases – After Tax Incomes for Either Parent and Different Numbers of Children.
Essentially the tables show a gross income with a corresponding net income reflecting deductions for standard federal and state income taxes and inflationary increases to deductions and exemptions as well as increases to the tax brackets and various earned income tax credits. The Tax Tables themselves are reviewed every four years. However, the amounts for the self-support reserve, the regular tax rate and maximum taxable earnings are reviewed and updated annually. They are adjusted to reflect changes in federal tax rates and the cost of living as indicated by the Consumer Price Index for the preceding year.136
Adjustment for other dependent children
If applicable and after the net monthly incomes are determined for both parents, an adjustment for additional dependent children may be made. Dependent children include natural, adopted and/or stepchildren for whom the parent has a legal duty to support. The amount for this adjustment is estimated by using the relevant amount obtained from the Vermont Table of Intact Family Expenditures on Children based only on the claiming parent’s net income. This amount is then subtracted from the Monthly Net Income Available for Child Support of that parent.137
ii) Income attribution
If a parent is unemployed, underemployed, or fails to provide adequate documentation of their wages, the court may attribute income to them. In order to determine how much income will be attributed to the parent, the court examines earnings history, employment qualifications and the current job market.138
iii) Impact of custody and parenting time
Accounting for the custody and parenting time arrangements are integral to the Vermont Guidelines calculations.
When each parent exercises physical custody for 30% of the time or more, the parents are considered to have shared physical custody of the child. Under the guidelines, physical custody means having the child stay overnight. In these cases, the parents use the Tax Conversion Table from Gross Income to Net Income in Shared Custody Situations. As well, the child support obligation is determined by multiplying the relevant Vermont Table of Intact Family Expenditures on Children amount by 1.5 to reflect the increased costs of having a shared parenting arrangement.
At this point in the calculations and if applicable, extraordinary medical, educational costs as well as childcare are added to produce a Combined Family Expenditure amount. Each parent’s child support obligation is then determined by dividing the Combined Family Expenditures amount between the parents in proportion to their respective Monthly Net Income Available for Child Support.
Finally, in shared physical custody cases, the paying parent’s proportion of time spent with the child is multiplied by the Child Support Guidelines Amount (that was multiplied by 1.5) to produce their “credit”. This amount accounts for their additional costs of shared physical custody. This credit is subtracted from their Parental Support Obligation to produce their Adjusted Shared Custody Child Support Amount.
In situations where the one parent exercises physical custody between 25% and 30% of the time, the parents use the Tax Conversion Table from Gross Income to Net Income in Shared Custody Situations. However, a reduction in their credit is calculated when the time spent is below the threshold of 30% of time spent with the child.139
In split custody arrangements, where either one of the parents has custody of one or more children, a theoretical support payment is determined for each parent based on the number of children in the other parent’s household and then a calculation is done to compare the two amounts. The person with the larger obligation is required to pay the other parent the difference between the two amounts.140
iv) Special expenses
Expenses for special educational costs, qualified childcare costs141 and medical expenses142 are added to the amount obtained from the Vermont Table of Intact Family Expenditures on Children, to form the Combined Family Expenditures amount. This amount is then multiplied by each parent’s proportional share of income to produce the amount that the paying parent is obligated to pay – the Parent Support Obligation.143
v) Concept of undue hardship
Included in the Vermont Guidelines is an “ability to pay” calculation that essentially acts like a Self-Support Reserve. This amount is updated annually and is set at $1249 per month (for 2019). This amount is calculated at 120% of the U.S. Department of Health and Human Services poverty Guideline per year for a single adult.
To assess the paying parent’s ability to pay, the Self-Support Reserve is subtracted from their Monthly Net Income Available for Child Support. If the result is less than the Parental Support Obligation (in cases with less than 25% of time spent) or the Adjusted Shared Custody Child Support Obligation (over 25% time spent), then this lesser amount becomes the child support amount payable. This calculation is to ensure that the paying parent has at least the Self-Support Reserve after paying their child support obligation to support themselves.144
vi) Other circumstances that could be considered that may result in a variation or modification to the Monthly Support Payable
Variation or modification of an order:
On motion of either parent, the OCS, any other person to whom support has previously been granted, or any person previously responsible for support, and upon a showing of a real, substantial and unanticipated change of circumstances, the court may annul, vary, or modify a child support order, whether or not the order is based upon a stipulation or agreement. If the court has not modified the child support order for at least three years, the court may waive the requirement to show a real, substantial, and unanticipated change of circumstances.145
The OCS may independently file a motion to modify child support 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-tested146 government benefits.
A child support order that varies more than ten percent from the amounts calculated under the Vermont Guidelines shall be considered a real, substantial, and unanticipated change of circumstances.
They are the following:
- Receipt of workers' compensation, disability benefits, or means-tested public assistance benefits;
- Unemployment compensation, unless the period of unemployment was considered when the child support order was established; and
- Incarceration for more than 90 days, unless incarceration is for failure to pay child support.
Maintenance supplement:
A unique feature of the Vermont child support guidelines is the concept of a maintenance supplement.147 Although the Office of Child Support staff is not required to calculate or establish maintenance supplements as policy, this statute provision is available in the legislation and can be considered by the courts. This provision allows a party to request a child support supplement to the child support amount in an effort to correct any disparity that may have resulted in a lower standard of living for the child than the child would have had if the family remained intact. In these circumstances, the courts are required to look at the respective financial circumstances of both parties including their assets (but not the income of a new spouse) and liabilities.
vii) Other considerations
Age of the child: Child support orders automatically terminate when all minor children have reached 18 years of age and have graduated from high school. If the child is over 18 and has not finished high school, child support will terminate when the child is 19 or when the child receives a high school diploma – whichever occurs first.
Minimum support: The statute does not specify a minimum child support amount. However, the court has the discretion to take the income level of the parent into consideration when setting a child support amount, or deviating from the use of the guidelines.148
Maximum support: The court may use its discretion in determining child support in circumstances where combined available income exceeds the uppermost levels of the support guidelines ($300,300 per year).149
Administrative reviews: The OCS can make these reviews when a change occurs that is required by law, such as when a parent under a current child support order misses their payments for one calendar month. An arrears payment will automatically be added to the order.150
Part 3: Summary of Key Changes to the Child Support Guidelines Legislation
A. Overview of the Changes
A review of the websites accompanied by information obtained through interviews reveals that there have not been any significant changes to the Vermont Child Support Guidelines legislation since its inception. Provisions for recognizing other dependent children for whom the parents are legally responsible have been in place since the early 1900s. The expenditure table, which is incorporated into their guidelines, has been in place since 1996 and is updated every four years.
B. Overview of Leading Case Law on the Child Support Model
There has not been any specific case law identified that has resulted in any legislative changes to the Vermont Child Support Guidelines. However, a 2000 Supreme Court of Vermont decision in Canton v. Young was influential in that it helped clarify the definition of income for the purposes of child support determination.151 As a result of this decision, the legislation on child support now requires that any payments received for disability benefits by either of the parents is to be included in the calculation of the parents’ gross income. Disability payments that the child may receive had already been taken into consideration in the calculations, and the payments received for the child are treated as a credit towards the paying payments child support amounts.
Part 4: Summary of the Literature that Assesses the Model
There have not been any formal evaluations or studies conducted to examine the effectiveness, fairness or efficiency of the Vermont Child Support Guidelines. However, a review of the available literature on the advantages and disadvantages of the Vermont model revealed the following:152
A. Advantages
- Underlying philosophy of the model is fair and equitable since it uses the income of both parents.153
- The Income Shares model is used by the majority of states and is the most commonly used method, that in of itself indicates that it is one of the more accepted approaches to determining child support.154
- Authors of the Vermont Guidelines have responded to the growing dissatisfaction from parents and family law professionals concerning the inequities in child support amounts in cases of shared custody.155
- Current guidelines incorporate provisions that encourage both parents to maintain relationships with their children by allowing for a more equitable sharing of child expenditures – arguing that increased access is in the best interests of the child.156
B. Disadvantages
- The rules and calculations are complex. Users must have access to a computer and worksheets. Moreover, the rules and calculations are not always easy for parents to understand.157
- Calculations underpinning the Vermont Table of Intact Family Expenditures on Children are not easy to understand. Consequently, it is difficult to argue for exceptions to the basic amount, such as the potential increases in the costs of raising children as a result of regional variations.158
- Concerns have been raised about the inherent methodology underpinning the amounts contained in the Vermont Table of Intact Family Expenditures on Children. Expenditure data on two parent families is used, when research shows patterns of expenditures differ in one-parent families.159
Part 5: Selected Case Scenarios Using the Vermont Guidelines
The OCS provides an online calculator tool160 and worksheets on its website. The following tables provide the results from two case scenarios – one simple and one complex (all amounts are in US dollars).
Case Scenario 1: Fred and Jane have one child, Sally, who is under the age of 18. They have no other dependent children. Fred has “sole” custody of Sally for 300 overnights per year. The parents have annual gross incomes of $50,000 (Fred) and $30,000 (Jane).
| Monthly Net Obligation | |
|---|---|
Case Scenario 1: one child, no shared parenting time, no other dependents, both single wage earners. |
$386 |
Case Scenario 2: Jack and Lynn have separated and have one child, Tom, who is under the age of 18 and for whom Lynn is seeking child support. Jack has care of Tom for 35% (128 overnights per year). Jack also has an existing child support order for $200 per month. Jack has an annual gross income of $50,000. Lynn has an annual gross income of $30,000. Lynn pays $1,000/month in childcare costs for Tom.
| Monthly Net Obligation | |
|---|---|
Case Scenario 2: one child, shared care and existing child support order, childcare expenses. |
$895.58 |
The detailed calculations for the two scenarios are attached as Appendix B.
Appendix A: References
Child Support, Vermont Judiciary http://www.vermontjudiciary.org
Child Support. Vermont legal help Website. https://vtlawhelp.org/child-support
Code of Vermont Rules (CVR) Agency 13. Agency of Human Services sub-Agency 161. Office of Child Support chapter 001. Child Support Guidelines. https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=d8bc4599-c8ab-419d-8786-edc3d4cfa4bb&nodeid=AAIAAOAABAAB&nodepath=%2fROOT%2fAAI%2fAAIAAO%2fAAIAAOAAB%2fAAIAAOAABAAB&level=4&haschildren=&populated=false&title=13+161+001.+CHILD+SUPPORT+GUIDELINES&config=00JAA3YmIxY2M5OC0zYmJjLTQ4ZjMtYjY3Yi02ODZhMTViYWUzMmEKAFBvZENhdGFsb2dfKuGXoJFNHKuKZG9OqaaI&pddocfullpath=%2fshared%2fdocument%2fadministrative-codes%2furn%3acontentItem%3a5WND-G600-00C2-90G3-00008-00&ecomp=gg18kkk&prid=f45f2833-d905-4fe7-ba67-ea4242e371ae
Melli, Marygold S. A Brief History and Description of the Wisconsin Percentage Standard for Child Support. Wisconsin Family Impact Seminars (1991). https://pdfs.semanticscholar.org/393c/3c2e09a12d4278816cf68c59974f25e4390a.pdf
Meyer, Charles J., Soulen, Justin W. and Weiner, Ellen Goldberg. “Child Support Determinations in High Income Families - A survey of the Fifty States.” Journal of the American Academy of Matrimonial Lawyers (March 2016). http://aaml.org/sites/default/files/MAT209_5.pdf
State of Vermont. Department of Children and Families. Child Support in Vermont: A Handbook for Parents. https://dcf.vermont.gov/sites/dcf/files/OCS/Docs/OCS-Parent-Handbook.pdf
Thomas, Aaron. “Can Children Express Preference in Vermont Custody Proceedings?” DivorceNet. https://www.divorcenet.com/resources/a-childs-preference-vermont-custody-proceedings.html
Turnelli, Michelle A. “Joint Custody Presumption in Vermont: A proposal for Co-Parenting.” Vermont Law Review Vol. 36 (2012): 1015-1034. https://lawreview.vermontlaw.edu/wp-content/uploads/2012/09/18-Tarnelli.pdf
Venohr, Jane. Economic Basis of Updated Child Support Tables for Vermont. Prepared for: Office of Child Support, Department for Children and Families, Vermont Agency of Human Services (February 27, 2015). https://dcf.vermont.gov/sites/dcf/files/OCS/Docs/UpdatedCS-Tables.pdf
Venohr, Jane. “Differences in State Child Support Guidelines Amounts: Guidelines Models, Economic Basis, and Other Issues.” Journal of American Academy of Matrimonial Lawyers Vol. 29 (2017): 377-407. http://aaml.org/sites/default/files/MAT205_7.pdf
Venohr, Jane.“Issues Child Support Guidelines and Guideline Reviews: State Differences and Common.” Family Law Quarterly Vol. 47, No.3 (Fall 2013), 327-352. https://static1.squarespace.com/static/5154a075e4b08f050dc20996/t/54e34dd2e4b04c0eab578456/1424182738603/3fall13_venohr.pdf
Vermont Child Support Legislation: Title 15: Domestic Relations Chapter 011: Annulment And Divorce: Subchapter 003A: Child Custody And Support. https://legislature.vermont.gov/statutes/section/15/011/00650
Contact Person
Paul Wolfe
Program Coordinator
Office of Child Support
Appendix B: Two Case Scenarios
| Family Court | |||
|---|---|---|---|
(CP): |
Fred |
Worksheet |
Sole custody |
(NCP): |
Jane |
County: |
|
|
|
Docket: |
|
Children |
|||
Number of children |
|
|
1 |
Percentage of Time with Children |
82 % |
18 % |
100 % |
Number of Additional Dependents |
0 |
0 |
0 |
Part 1. Monthly Available Income |
CP |
NCP |
Combined |
1. Monthly Gross Income |
$4,166.00 |
$2,500.00 |
|
a. Self Employment / Spousal Support |
$0 |
$0 |
|
2. Monthly Adjusted Gross Income |
$4,166.00 |
$2,500.00 |
|
3. Monthly After Tax Income |
$3,475.00 |
$2,051.00 |
|
a. Pre-existing Child Support |
$0 |
$0 |
|
b. Health Insurance |
$0 |
$0 |
|
c. Additional Adjustment |
$0 |
$0 |
|
4. Monthly Unadjusted Available Income |
$3,475.00 |
$2,051.00 |
|
a. Additional Dependent Adjustment |
$0 |
$0 |
|
5. Monthly Available Income |
$3,475.00 |
$2,051.00 |
$5,526.00 |
Part 2: Calculating Support Obligation |
CP |
NCP |
Combined |
6. Porportional Share of Income |
62.88 % |
37.12 % |
|
7. Child Support Guideline Amount |
|
|
$1,040.00 |
a. Qualified Child Care |
$0 |
$0 |
|
b. Medical Expenses |
$0 |
$0 |
|
c. Educational Expenses |
$0 |
$0 |
|
8. Combined Family Expenditures |
|
|
$1,040.00 |
9. Parental Support Obligation |
$654.00 |
$386.00 |
|
Part 3: Ability to Pay Calculation |
CP |
NCP |
Combined |
10. Self-Support Reserve |
$ |
$1,249.00 |
|
11. Income Available for Support |
$ |
$802.00 |
|
12. Monthly Support Payable |
$ |
$386.00 |
|
13. Monthly Incomes (after support) |
$3,861.00 |
$1,665.00 |
|
Income Breakdown |
CP |
NCP |
|
Taxed (W2) |
$4,166.00 |
$2,500.00 |
|
Self-employment |
$0 |
$0 |
|
Non-taxed |
$0 |
$0 |
|
| Family Court | |||
|---|---|---|---|
(CP): |
Jack |
Worksheet |
Shared |
(NCP): |
Lynn |
County: |
|
|
|
Docket: |
|
Children |
|||
Tom, 01/01/2009 |
|||
Custody Information |
Parent A |
Parent B |
Total |
Number of children |
|
|
1 |
Percentage of Time with Children |
35 % |
65 % |
100 % |
Number of Additional Dependents |
0 |
0 |
0 |
Part 1. Monthly Available Income |
Parent A |
Parent B |
Combined |
1. Monthly Gross Income |
$4,166.00 |
$2,500.00 |
|
a. Self Employment / Spousal Support |
$0 |
$0 |
|
2. Monthly Adjusted Gross Income |
$4,166.00 |
$2,500.00 |
|
3. Monthly After Tax Income |
$3,403.00 |
$2,335.00 |
|
a. Pre-existing Child Support |
$200 |
$0 |
|
b. Health Insurance |
$0 |
$0 |
|
c. Additional Adjustment |
$0 |
$0 |
|
4. Monthly Unadjusted Available Income |
$3,203.00 |
$2,335.00 |
|
4. Additional Dependent Adjustment |
$0 |
$0 |
|
5. Monthly Available Income |
$3,203.00 |
$2,335.00 |
$5,538.00 |
Part 2.: Calculating Support Obligation |
Parent A |
Parent B |
Combined |
6. Porportional Share of Income |
57.84 % |
42.16 % |
|
7. Child Support Guideline Amount |
|
|
$1,040.00 |
8. Multiply Line 7 * 1.5 |
|
|
$1,560.00 |
a. Qualified Child Care |
$0 |
$932.50 |
|
b. Medical Expenses |
$0 |
$0 |
|
c. Educational Expenses |
$0 |
$0 |
|
9. Totals of Lines 8a, 8b et 8 c |
$0 |
$932.50 |
$932.50 |
10. Combined Family Expenditures |
|
|
$2,492.50 |
11. Parental Support Obligation |
$1,441.58 |
$1,050.92 |
|
Part 3.: Shared Custody Calculations |
|
|
|
12. Expenditure Adjustment |
$ |
$932.50 |
|
13. Minus credit for time spent with Parent B |
$ |
$1,014.00 |
|
14. Plus adjustment for families where child spend at least 25% but less than 30% of time with Parent B |
$ |
$0 |
|
15. Adjusted Shared Custody Child Support Obligation |
$ |
$ -895.58 |
|
Part 4.: Ability to Pay Calculator |
Parent A |
Parent B |
Combined |
16. Self-Support Reserve |
$1,249.00 |
|
|
17. Income Available for Support |
$1,954.00 |
|
|
18. Monthly Support Payable |
$895.58 |
|
|
19. Monthly Incomes (after support) |
$2,307.42 |
$3,260.58 |
|
Income Breakdown |
Parent A |
Parent B |
|
Taxed (W2) |
$4,166.00 |
$2,500.00 |
|
Self-employment |
$0 |
$0 |
|
Non-taxed |
$0 |
$0 |
|
Footnotes
107 Child Support Enforcement Amendments of 1984; pub. L. No. 93-378, 98 Stat. 1305, https://www.govinfo.gov/content/pkg/STATUTE-98/pdf/STATUTE-98-Pg1305.pdf.
108 Marigold S. Melli, A Brief History and Description of the Wisconsin Percentage Standard for Child Support.
109 Family Support Act of 1988, Pub.L. No. 100-485,102 Stat.2343, https://www.govinfo.gov/content/pkg/STATUTE-102/pdf/STATUTE-102-Pg2343.pdf.
110 Jane Venohr, Economic Basis of Updated Child Support Tables for Vermont, p.5.
111 Full title of statue is: Title 15: Domestic Relations Chapter 011: Annulment and Divorce: Subchapter 003A: Child Custody and Support. https://legislature.vermont.gov/statutes/section/15/011/00650.
112 Full title of rules is: Code of Vermont Rules (CVR) Agency 13. Agency of Human Services sub-Agency 161. Office of Child Support chapter 001. Child Support Guidelines. For later citations, this will be shortened to: CVR 13 161 001.
113 15 V.S.A. §650.
114 15 V.S.A. §654.
115 15 V.S.A. §654.
116 CVR 13 161 001 Child Support Guidelines.
117 15 V.S.A. §657.
118 Child Support in Vermont – A Handbook for Parents, Vermont, Department of Children and Families, 17.
119 15 V.S.A § 661.
120 Child Support in Vermont - A Handbook for Parents. Vermont Department for Children and Families, 13.
121 Child Support in Vermont - A Handbook for Parents. Vermont Department for Children and Families, 14.
122 The terms used in this section and the remainder of this Summary are the titles used by Vermont in their online calculator and displayed in Appendix B Case Scenarios. These terms have been italicised.
123 The online calculator can be found at: https://dcf.vermont.gov/ocs/parents/calculator
124 https://dcf.vermont.gov/sites/dcf/files/OCS/Docs/Sole-Split.pdf. There is second tax conversion table for shared custody situations entitled the Adjusted Gross to After Tax Income Conversion Table for Shared Custody Cases – After Tax Incomes for Either Parent and Different Numbers of Children. https://dcf.vermont.gov/sites/dcf/files/OCS/Docs/Shared.pdf.
125 CVR 13 161 001 Child Support Guidelines. 2) 1. Self-support Reserve. The Self-Support Reserve for an individual is calculated at 120 percent of the United States Department of Health and Human Services poverty guideline per year for a single individual.
126 15 V.S.A. §654
127 The Betson-Rothbarth (BR) measurements form the basis of 30 US state guidelines including Vermont’s Guidelines Table. Jane Venohr, Economic Basis of Updated Child Support Tables for Vermont, 8.
128 Ibid., 10.
129 Ibid., 18.
130 Ibid., 18.
131 All amounts are in US dollars. To convert to CDN dollars: $1CDN=$0.76US.
132 Jane Venohr, Economic Basis of Updated Child Support Tables for Vermont, 18.
133 15 V.S.A. §661.
134 15 V.S.A. §653 Definitions; 5 (A) Gross Income.
135 15 V.S.A. §653 Definitions; 5 (B).
136 13 161 001. Child Support Guidelines. 2.
137 15 V.S.A. §656a Adjustment for additional dependents.
138 15 V.S.A. §653. Definitions; 5 (A) (iii).
139 15 V.S.A. §657. (b) 25-30% overnights.
140 15 V.S.A. § 657. (e) Split physical custody.
141 15 V.S.A. §653 Definitions; 2 Child Care Costs.
142 15 V.S.A. §653 Definitions; 4 Extraordinary Expenses – related to special educational needs of the child and/or, include but not be limited to uninsured annual medical expenses in excess of $ 200.00.
143 15 V.S.A. §653 Definitions; 9. Total Support Obligation.
144 15 V.S.A. § 656 (c).
145 15 V.S.A. § 660. Modification.
146 A means test is a determination of whether an individual or family is eligible for government assistance, based upon whether the individual or family possesses the means to do without that help.
147 15 V.S.A. § 661.
148 CVR 13 161 001 Child Support Guidelines (Vermont Child Support Legislation: Title 15: Domestic Relations Chapter 011: Annulment and Divorce: Subchapter 003A: Child Custody and Support.)
149 15 V.S.A. § 656 (d).
150 CVR 13 161 002. Office of Child Support Administrative Review.
151 Canton v. Young, 171 Vt. 635, 769 A.2d 1286 https://caselaw.findlaw.com/vt-supreme-court/1244907.html.
152 The readers should note that these are the views of the authors of the information that was reviewed and are not the views of the authors of this summary report.
153 Jane Venohr, Child Support Guidelines and Guideline Reviews: State Differences and Common Issues.
154 Jane Venohr, Economic Basis of Updated Child Support Tables for Vermont, and, Differences in State Child Support Guidelines Amounts: Guidelines Models, Economic Basis, and Other Issues.
155 Michelle Turnelli and Aaron Thomas, Joint Custody Presumption in Vermont: A proposal for Co-Parenting. Can Children Express Preference in Vermont Custody Proceedings? And Jane Venohr, Differences in State Child Support Guidelines Amounts: Guidelines Models, Economic Basis, and Other Issues.
156 Michelle Turnelli and Aaron Thomas, Joint Custody Presumption in Vermont: A proposal for Co-Parenting.
157 Jane Venohr, Economic Basis of Updated Child Support Tables for Vermont.
158 Marygold S Melli, A Brief History and Description of the Wisconsin Percentage Standard for Child Support.
159 Jane Venohr, Economic Basis of Updated Child Support Tables for Vermont.
160 The online calculator may be found at: https://childsupportcalculator.ahs.state.vt.us/ - /expert.
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