Modifying Child Support After Job Loss, Disability or Incarceration in Vermont

By the FigureMyTax Editorial Team · How we calculate

Vermont child support does not drop on its own after a job loss. Unemployment compensation, disability or benefits and incarceration over 90 days are listed changes; file promptly because only installments after filing can change.

Can you lower child support after a job loss in Vermont?

Yes, by motion. Unemployment compensation is a listed real, substantial and unanticipated change, unless the period of unemployment was considered when the order was set (15 V.S.A. 660(c)(2)), and an order more than 10% off the guideline qualifies too (660(b)). Serve promptly: only installments after the filing date can change (660(e)).

Can the court say I am voluntarily unemployed?

Yes. Gross income includes the potential income of a parent who is voluntarily unemployed or underemployed, unless the parent is physically or mentally incapacitated, is in an approved vocational or job training program, or the unemployment is in the child’s best interest (653(5)(A)(iii)). Gross income does not include means-tested benefits.

What if I receive disability or benefits in Vermont?

Receipt of workers’ compensation, disability benefits or means-tested public assistance benefits is a listed change (660(c)(1)). Bring the award letters with your affidavit of calculations.

What happens to support if I am incarcerated?

Incarceration for more than 90 days is a listed change unless it is for failure to pay child support (660(c)(3)), and the Office of Child Support may file a motion on its own when a party is or will be incarcerated for more than 90 days (660(a)(2)). The order does not change by itself; file, because arrears accrue meanwhile. Federal rules also say incarceration should not be treated as voluntary unemployment (45 CFR 302.56(c)(3)).

Does shared custody change the number?

When each parent has physical custody 30 percent or more of a year, the total obligation is increased by 50 percent for two households and then split by income and time, with the larger amount offset; between 25 and 30 percent a shared costs table applies; physical custody means keeping the children overnight (657).

Can I modify while I owe arrears?

The sections we read do not bar a motion to modify future support because you owe arrears. Only the installments after the filing date can change.

Do I have to keep looking for work?

The sections we read do not impose a search rule, but the court may order job-readiness activities and counseling if it would help provide support or address the causes of a default (658(d)), and a new job can end the grounds for a reduction.

Can the Vermont court order job training?

Yes. The court or magistrate may order an obligor to take part in employment, educational or training-related activities if that would help provide support or address the causes of default, and may also order counseling in some cases (15 V.S.A. 658(d)).

What proof helps?

Does means-tested aid count as my income?

No. Gross income does not include money received from means-tested programs such as TANF, SNAP and General Assistance (653(5)(B)), though receiving them is a listed change for modification.

What should you do first?

1. File the motion and serve it now.
2. Keep paying what you can: unpaid support draws a monthly surcharge (see how the Vermont surcharge works).
3. Check your numbers in the Vermont child support modification calculator.

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.