Title 15, Title 15: Domestic Relations

§ 668. Modification of order (a) On motion of either parent or any other person to whom custody or parental rights and responsibilities have previously been granted, and upon a showing of real, substantial, and unanticipated change of circumstances, the court may annul, vary, or …

§ 668a. Enforcement of visitation (a) When a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent’s visitation rights. …

§ 669. Guardian ad litem In all cases involving parental rights and responsibilities the court may appoint a guardian ad litem to represent the best interests of the child. (Added 1985, No. 181 (Adj. Sess.), § 7.)

§ 670. Access to records Access to records and information pertaining to a minor child, including but not limited to medical, dental, law enforcement, and school records shall not be denied to a parent solely because that parent has not been awarded parental rights and responsibi…

§ 681. Definitions As used in this subchapter: (1) “Deploy” and “deployment” mean military service in compliance with military orders received by a member of the U.S. Armed Forces, including any reserve component thereof to report for combat operations, contingency operations, pe…

§ 682. Final order; modification (a) If a deploying parent is required to be separated from a child as a result of deployment, a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until 90 days after th…

§ 683. Temporary modification (a) Upon motion of a deploying or nondeploying parent, the court shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization when: (1) a military parent who has …

§ 684. Emergency motion to modify; permanent modification (a) Upon the return of the deploying parent, either parent may file a motion to modify the temporary order on the grounds that compliance with the order will result in immediate danger of irreparable harm to the child, and…

§ 685. Testimony and evidence Upon motion of a deploying parent, provided reasonable advance notice is given and good cause shown, the court shall allow such parent to present testimony and evidence by electronic means with respect to parental rights and responsibilities or paren…

§ 686. No existing final order (a) If there is no existing order establishing the terms of parental rights and responsibilities or parent-child contact and it appears that deployment or mobilization is imminent, upon an action filed under this chapter by either parent, the court …

§ 687. Duty to cooperate and disclose information (a) Because military necessity may preclude court adjudication before deployment, the parties shall cooperate with each other in an effort to reach a mutually agreeable resolution of parental rights and responsibilities, parent-ch…

§ 688. Failure to exercise parent-child contact rights In determining whether a parent has failed to exercise parent-child contact, the court shall not count any time periods during which the parent did not exercise such contact due to the material effect of that parent’s militar…

§ 689. Attorney’s fees In making determinations pursuant to this subchapter, the court may award attorney’s fees and costs based on the court’s consideration of: (1) Unreasonable failure of either party to accommodate the other party in parental rights and responsibilities or par…

§ 711. Sale of property If a party in a cause instituted under the provisions of this chapter and sections 291-294 of this title shall be in default for the period of thirty days upon an order for the payment of money, made according to the provisions thereof, which shall have be…

§ 712. Whole of real estate may be sold If, in the opinion of the court or of such judge, the real estate upon which such lien exists is so constituted as to render it impracticable to divide the same, the whole of such real estate may be ordered to be sold.

§ 713. Execution Execution signed by the clerk of such court shall issue to carry the order of sale mentioned in sections 711 and 712 of this title into effect and shall be governed by all the provisions and limitations touching executions issued on judgments so far as shall be c…

§ 714. Disposition of proceeds (a) The sheriff or constable selling such property upon such execution, after deducting his or her lawful fees, shall pay the proceeds to the clerk of such court, who shall disburse such proceeds to the petitioner or other persons entitled to the sa…

§ 715. Subsequent default The same proceedings shall be had in case of any subsequent default after an order of sale has been made as if such prior orders of sale had not been made.

§ 751. Property settlement (a) Upon motion of either party to a proceeding under this chapter, the court shall settle the rights of the parties to their property by including in its judgment provisions which equitably divide and assign the property. All property owned by either o…

§ 752. Maintenance (a) In an action under this chapter, the court may order either spouse to make maintenance payments, either rehabilitative or long term in nature, to the other spouse if it finds that the spouse seeking maintenance: (1) lacks sufficient income or property, or b…

§ 753. Conveyance of realty after legal separation In all cases where a legal separation has been granted, a spouse may convey his or her real estate without the signature or consent of the other spouse, and the laws of descent applicable to absolute divorce shall apply. (Amended…

§ 754. Judgment effective to convey real estate A certified copy of the judgment, or relevant parts thereof, when recorded in the land records of the town in which real estate of the parties is located, shall be effective to convey or encumber the real estate in accordance with t…

§ 755. Judge out of office may sign judgment for maintenance After the expiration of his or her term of office, a judge of the Superior Court may sign a judgment for maintenance as of the date when made. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1981, No. 247 …

§ 756. Court may order money paid to trustees When part of the estate of either spouse, or money in lieu thereof, is awarded to the spouse having custody, as provided in this subchapter and sections 291, 293, and 294 of this title, instead of ordering the same to be delivered or …

§ 757. Security for payment When maintenance or other annual allowance is granted to either spouse or children, the court may require sufficient security to be given for payment thereof, according to the terms of the judgment. (Amended 1981, No. 247 (Adj. Sess.), § 12.)

§ 758. Revision of judgment relating to maintenance On motion of either party and due notice, and upon a showing of a real, substantial, and unanticipated change of circumstances, the court may from time to time annul, vary or modify a judgment relative to maintenance, whether or…

§ 762. Insurance benefits In a proceeding under this chapter, the court may assign insurance benefits to a spouse or children, and may require the spouse who is required to make the assignment to execute a blanket assignment giving notice of the assignment to the provider of the …

§ 780. Definitions As used in this chapter: (1) “Court” means the court with jurisdiction over the proceeding. (2) “Employer” means any employer or payor of wages of any type to the obligor. (3) “Obligee” means the person found to be legally entitled to receive support or any per…

§ 781. Withholding wages upon issuance or modification of support order after July 1, 1990 All orders for child support made or modified on or after July 1, 1990 shall include an order for immediate wage withholding in an amount equal to the support obligation and any obligation …

§ 782. Expedited procedure for wage withholding (a) In the case of an order for child support made or modified after July 1, 1990 that does not include an order for immediate wage withholding, an obligee may request a wage withholding order when any amount due under the order has…

§ 783. Wage withholding; notice and hearing (a) In the case of a child support order issued prior to July 1, 1990 or a spousal support order, an obligee may request a wage withholding order when any amount due under a support order has not been paid within seven business days aft…

§ 785. Wage withholding orders (a) A wage withholding order shall set forth: (1) the annualized amount of child support; (2) frequency of the child support payment; (3) judgment for support arrearages, if any; (4) provisions for periodic repayment of arrearages; (5) appropriate r…

§ 786. Obligee’s responsibility (a) The obligee shall notify the registry and the obligor of any event that would affect the amount of support to be withheld under the order. Any person who has assigned or authorized all rights of collection shall notify the assignee of any event…

§ 787. Employer’s responsibility; compensation (a) Upon receipt of notice of wage withholding under this chapter or under a similar law of another state, an employer shall: (1) withhold from the wages paid to the obligor the periodic support amount specified in the order for each…

§ 788. Parent’s responsibility (a) Any parent subject to a child support or parental rights and responsibilities order shall notify in writing the court that issued the most recent order and the Office of Child Support of the parent’s current mailing address and current residence…

§ 789. Wage withholding exemptions; priorities and limitations (a) A wage withholding order for a current support obligation or an obligation to pay support arrearages shall not be subject to Rule 4.2(j) of the Vermont Rules of Civil Procedure or 12 V.S.A. §§ 3167, 3169, 3170(a),…

§ 790. Employee protected; penalty (a) No employee may be discharged from employment or subjected to disciplinary action on account of a wage withholding order issued to an employer against earnings. Any employee discharged or subjected to disciplinary action in violation of this…

§ 791. Arrearage judgment lien (a)(1) A judgment issued by the court for support arrearages in excess of one-twelfth of the annualized amount of support shall constitute an arrearage judgment lien, if properly recorded under this section. The court shall also issue an order that …

§ 792. Lottery offset (a) For all Vermont Lottery games, the Commissioner of Liquor and Lottery shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding child support arrearage payable to the Office of Child Support. If the…

§ 793. Credit reporting (a) Information regarding the amount of arrearages owed by an obligor may be made available by the Office of Child Support to any consumer credit bureau organization upon the request of the organization, only if the amount of the arrearages is at least one…

§ 794. Tax offsets An order for child support may be enforced as provided in 32 V.S.A. chapter 151. (Added 1989, No. 220 (Adj. Sess.), § 13.)

§ 795. Licenses or governmental contracts (a) As used in this section: (1) “Agency” means any unit of state government, including agencies, departments, boards, commissions, authorities, or public corporations. (2) “License” means any license, certification, or registration issue…

§ 796. Assets held in escrow If a proceeding for enforcement of child support has previously been brought against an obligor under this subchapter and the obligor at any time thereafter fails to pay support in an amount equal to one-twelfth of the annual support obligation, the c…

§ 797. Civil penalties The court may impose a civil penalty to be paid to the obligee or to the registry on behalf of the obligee of not more than 10 percent on any amount in arrears for 30 days or more if the court determines that the arrearage was willful. (Added 1989, No. 220 …

§ 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 accor…

§ 799. Trustee process (a) As used in this section, “trustee” means any person, institution, or entity, holding any money, personal property, or real property that belongs to or is owed to the obligor, including judgments, settlements, lottery winnings, funds held in financial in…