What factors does the court consider when fixing the child support amount in Vermont?

Full question:

My wife and I are getting divorced. We have 3 children together. What factors does the court consider when fixing the child support amount in Vermont?

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: Vermont

Answer:

In Vermont, the court may ask both the parents to pay child support. The amount of child support owed by each parent depends upon the type of custody and financial resources of the parents. The factors taken into consideration by the court to determine the child support amount is contained are enumerated in 15 V.S.A. § 659:

“(a) The total support obligation shall be presumed to be the amount of child support needed. Upon request of a party, the court shall consider the following factors in respect to both parents. If, after consideration of these factors, the court finds that application of the guidelines is unfair to the child or to any of the parties, the court may adjust the amount of child support:
(1) The financial resources of the child.
(2) The financial resources of the custodial parent.
(3) The standard of living the child would have enjoyed had the marital relationship not been discontinued.
(4) The physical and emotional condition of the child.
(5) The educational needs of the child.
(6) The financial resources and needs of the noncustodial parent.
(7) Inflation.
(8) The costs of meeting the educational needs of either parent, if the costs are incurred for the purpose of increasing the earning capacity of the parent.
(9) Extraordinary travel and other travel-related expenses incurred in exercising the right to parent-child contact.
(10) Any other factors the court finds relevant.
(b) If the parties agree, the court may include in the child support order an additional amount designated for the purpose of providing for postsecondary education.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Vermont, child support is calculated based on a formula that considers both parents' incomes and the number of children. Typically, a percentage of the noncustodial parent's income is used to determine the support amount. While there is no specific cap on how much can be deducted from a paycheck, it must align with the court's guidelines and the financial needs of the child. It's important to consult with a legal professional for personalized guidance based on your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*