What Counts as a Substantial Change in Circumstances for Child Support in Vermont

By the FigureMyTax Editorial Team · How we calculate

In Vermont, child support can be modified on a real, substantial and unanticipated change; an order more than 10% off the guideline and listed changes such as unemployment compensation or incarceration over 90 days qualify.

What is a real, substantial and unanticipated change in Vermont?

It is the standard the court applies on a motion to modify: the court may annul, vary or modify a child support order, whether or not the order is based on a stipulation or agreement, on a showing of a real, substantial and unanticipated change of circumstances (15 V.S.A. 660(a)(1)). The statute then deems several things to meet it.

What is the 10% rule?

A child support order, including one in effect before the guidelines were adopted, that varies more than ten percent from the amount required under the guideline is considered a real, substantial and unanticipated change of circumstances (660(b)). The Vermont child support modification calculator tests it. Exactly 10% does not count.

With an $800 order, $1,000 is 25% higher and passes; $880 is exactly 10% and does not.

Which Vermont changes are listed?

Receipt of workers’ compensation, disability benefits or means-tested public assistance; unemployment compensation, unless the unemployment was considered when the order was established; and incarceration for more than 90 days, unless it is for failure to pay child support (660(c)).

What is the Vermont three-year waiver?

If the court has not modified the order for at least three years, it may waive the requirement of showing a real, substantial and unanticipated change (660(a)(1)). It is discretionary, so bring your numbers.

Does a new baby or child care cost matter?

Child care costs reasonably incurred because of work or work-related education are part of the total support obligation, and the order must state them (663(b)). A change in them can be part of your calculations.

Can a Vermont agreed order be modified?

Yes. The court may modify an order whether or not it is based on a stipulation or agreement (660(a)(1)).

Is a default order open to challenge?

Yes. On a motion filed within one year of the order, the court may relieve a party from a default order if the income used was inaccurate by at least 10 percent (662(c)). Missing financial information can also lead the court to presume a gross income of 150 percent of the average covered wage (662(b)).

Can the Vermont court depart from the guideline?

On a party’s request the court considers factors such as the child’s resources, standard of living, condition and educational needs, and may adjust the amount if the guideline is unfair to the child or a party (659(a)).

From what date can the order change?

Only for future installments and those that accrued after the date of notice of the motion, and the filing date is deemed the notice date (660(e)). Every month before filing is lost:

Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).

What happens next?

Read how to modify child support in Vermont for the filing steps, and check what stays owed with the Vermont arrears 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.