Modifying Vermont Maintenance and the Child Support Supplement
Vermont maintenance can be annulled, varied or modified on a real, substantial and unanticipated change of circumstances, the court may require security, and a child support maintenance supplement can correct an income disparity that would lower the child’s standard of living.
Modifying maintenance
On motion of either party, and on a showing of a real, substantial and unanticipated change of circumstances, the court may from time to time annul, vary or modify a maintenance judgment, whether or not it is based on a stipulation or an agreement (15 V.S.A. 758).
Security
When maintenance or another annual allowance is granted, the court may require sufficient security for payment according to the terms of the judgment (15 V.S.A. 757).
The child support maintenance supplement
A party may request a child support maintenance supplement, paid while child support exists, to correct a disparity in the parties’ financial circumstances, considering gross income, assets, liabilities, tax liabilities and the child support obligation, if the disparity has resulted or will result in a lower standard of living for the child than the child would have with the noncustodial parent. Any sum awarded is taken into consideration in making a maintenance order (15 V.S.A. 661).
Changing the supplement
A supplement can be modified on a real, substantial and unanticipated change, which is deemed to exist if the proportion of the parties’ incomes varies by more than 15% from when the order was issued or either parent’s gross income changes by more than 15%.
Termination events
Sections 752 and 758 do not list events that end an order; the judgment or the parties’ agreement should say what happens on remarriage, death or retirement, since a court can annul or vary the order only on a changed circumstance.
Questions for the negotiation
Decide what should end or change the payments and whether the order should be secured.
Retirement is a factor
The impact of both parties reaching retirement age, or their actual retirement, including expected discrepancies in Social Security benefits, is a factor when the order is set (752(b)(8)).
Frequently asked questions
Can Vermont maintenance be modified?
Yes, on a real, substantial and unanticipated change of circumstances.
What is the Vermont child support maintenance supplement?
An amount paid with child support to correct a financial disparity that would lower the child's standard of living.
Can the court require security for maintenance in Vermont?
Yes, sufficient security for payment.
Does remarriage end Vermont maintenance?
The maintenance statute does not list it; the judgment or agreement should provide for it.
Is the supplement considered in setting maintenance in Vermont?
Yes. Any supplement is taken into consideration in making a maintenance order.
Official sources
- 15 V.S.A. 752: maintenance
- 15 V.S.A. 758: revision of judgment relating to maintenance
- 15 V.S.A. 661: child support maintenance supplement
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Vermont statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Vermont attorney.