Title 15, Title 15: Domestic Relations

§ 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…

§ 800. Contract with sheriff for service of civil process The Office of Child Support may contract with a sheriff’s department for the purpose of locating and investigating child support obligors and serving process, warrants, and mittimus in child support cases. (Added 2009, No.…

§ 811. Procedure; form A person of age and sound mind may change his or her name by making, signing, sealing, and acknowledging before the judge of the Probate Division of the Superior Court of the district in which the person resides, an instrument in the following form: STATE O…

§ 812. Minor A minor may change his or her name by some person who, under 14 V.S.A. chapter 111, may act for him or her, making, signing, sealing, and acknowledging before the judge of the Probate Division of the Superior Court of the district in which such minor resides, an inst…

§ 813. Filing of instrument An instrument changing the name, by virtue of sections 811 and 812 of this title, shall be filed in the Probate Division of the Superior Court of the district in which such person or minor resides. (Amended 1971, No. 179 (Adj. Sess.), § 13; 2009, No. 1…

§ 816. Amendment of birth certificate A person, or the parent or guardian of a minor, may provide the State Registrar of Vital Records with a copy of his or her birth certificate or the birth certificate of the minor and a certified copy of a decree issued under this chapter auth…

§ 817. Consultation of Sex Offender Registry when form filed Upon receipt of a change-of-name form submitted pursuant to section 811 of this title, the Probate Court shall request the Department of Public Safety to determine whether the person’s name appears on the Sex Offender R…

§ 901. Parents’ liability for damages (a) When an unemancipated minor under the age of 18 years willfully or maliciously causes damage to any property, public or private, or injury to a person, either of his or her parents shall be liable to the owner of such property or to the p…

§ 1001. Causes of action abolished The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, or breach of contract to marry are abolished. No act done within this State shall operate to give rise, either within or out…

§ 1002. Gifts made in contemplation of civil marriage Nothing in this chapter shall be construed to bar a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of the transfer, or the rescission of a deed to real proper…

§ 1003. Instruments void Any contract or instrument executed after July 1, 1974 within this State in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished by this chapter, whether such claim or cause of action arose within or outside this Stat…

§ 1011. Jurisdiction (a) A court that has considered or is considering the custody or visitation of a minor child may award visitation rights to a grandparent of the child, upon written request of the grandparent filed with the court, if the court finds that to do so would be in …

§ 1012. If a parent is deceased or cannot decide If a parent of a minor child is deceased, physically or mentally incapable of making a decision, or has abandoned the child, a grandparent of the child may commence an action in Superior Court in the county in which the custodian o…

§ 1013. Decision (a) The court shall grant the petitioner reasonable visitation or access to the grandchild upon determining that to do so would be in the best interests of the child. (b) In determining the best interests of the child, the court shall consider the following facto…

§ 1014. Modification A court may modify or terminate any order granted under this section, issue any orders necessary to the enforcement of rights or the protection of parties under this section, and award costs for defending or prosecuting actions under this section. (Added 1983…

§ 1015. Limit on refiling Absent a real, substantial, and unanticipated change of circumstances, no person whose petition under this section is denied with prejudice may file another petition under this section sooner than one year after that denial. (Added 1983, No. 219 (Adj. Se…

§ 1016. Automatic expiration When a child subject to an order under this chapter is later adopted, the order under this chapter expires, except when the adopting parent is a stepparent, grandparent, or other relative of the child. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 19…

§ 1061. Definitions As used in this chapter: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision. (2) “Child” means an individual who has not attained 18 years of age. (3) “Child custody determination” means a judgment, decree, or other o…

§ 1062. Proceedings governed by other law This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (Added 2011, No. 29, § 1.)

§ 1063. Application to Indian tribes; international application (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Chi…

§ 1064. Effect of child custody determination A child custody determination made by a Vermont court that had jurisdiction under this chapter binds all persons who have been served in accordance with the Vermont laws or notified in accordance with section 1066 of this title or who…