How to Modify Child Support in Vermont: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify Vermont child support, file a motion with an affidavit of calculations and serve the other parent. The change reaches only installments after the filing date, so file as soon as your circumstances change.

How do you modify child support in Vermont?

1. Run the guideline amount in the Vermont child support calculator and test the gap in the modification calculator.
2. File a motion with the Family Division, or ask the Office of Child Support if it is handling your case (15 V.S.A. 660(a)).
3. Attach an affidavit with calculations that show you are entitled to modification, if you rely on the 10% rule or a listed change, and serve the other parties (660(d)).
4. Watch the 15 days. If no one requests a hearing, the magistrate enters the order in line with the calculations.
5. Keep paying the existing order until the court changes it.

What must I file with the court about my income?

A party to a support proceeding files an affidavit of income and assets on the court’s form, due on or before the case management conference or at least five business days before the first hearing before the magistrate; the court may impose an economic penalty for noncompliance (662(a)).

What happens after I serve a Vermont motion?

Upon proof of service, and if the calculations show cause for modification, the magistrate enters an order modifying support in line with the calculations unless, within 15 days of service or receipt, either party requests a hearing; the court must then hold the hearing within 20 days of the request, and no order is modified without a hearing if one is requested (660(d)).

Why does the filing date matter?

Because an order may be modified only as to future installments and those that accrued after the date of notice to the other party, and the date the motion is filed is deemed the date of notice (660(e)). A change in January and a filing in July leaves six months at the old amount.

Can the Vermont state agency file for me?

The Office of Child Support may file a motion to modify or change payee on its own if it is providing services under Title IV-D, if a party is or will be incarcerated for more than 90 days, if the family has reunited, if the child no longer lives with the payee or if a party receives means-tested benefits (660(a)(2)).

What information must a Vermont order contain?

Every order must include the parents’ identifying information, the annualized amount, the frequency, total arrearages and any other information that may affect the obligation, and must say in bold that a parent may seek modification on a real, substantial and unanticipated change (663(a), (c)).

Do I have to keep my Vermont address current?

Yes. Every party must notify the Registry in writing of current mailing, email and residence addresses and any change within seven business days until all support obligations are satisfied (663(c)(3)).

How much does a late filing cost? An example

If you file 3, 6 or 9 months after your change, the relief you lose at a $300 monthly difference is:

What happens to unpaid support while the case is pending?

It stays owed as a judgment. See whether Vermont arrears expire or can be forgiven and add up your balance.

Frequently asked questions

Official sources

• 15 V.S.A. 660: modification
• 15 V.S.A. 659: child support order; deviation factors
• 15 V.S.A. 663: contents of support orders
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

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.