Child Support Modification

VERIFIED MOTION TO MODIFY CHILD SUPPORT

Vermont Superior Court • Family Division • [UNIT] Unit

[Docket No. _________]

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Parties
   3.2 Jurisdiction & Venue
   3.3 Prior Child Support Order (“Current Order”)
   3.4 Standing
   3.5 Grounds for Modification
   3.6 Compliance With Vermont Child Support Guidelines
   3.7 Wage Withholding & Enforcement Mechanisms
   3.8 Proposed Modified Support Obligation

4. Representations & Warranties (Verified Allegations)

5. Covenants & Restrictions (Prospective Orders)
6. Default & Remedies (Statutory Enforcement)
7. Risk Allocation (Not Applicable)
8. Dispute Resolution (Court Retained Jurisdiction)
9. General Provisions
10. Execution Block
11. Certificate of Service
12. Proposed Order

1. DOCUMENT HEADER

VERIFIED MOTION TO MODIFY CHILD SUPPORT
(15 V.S.A. §§ 653, 660)

Filed by:
• Petitioner/Obligor: [FULL LEGAL NAME], residing at [ADDRESS]
• Respondent/Obligee: [FULL LEGAL NAME], residing at [ADDRESS]

Effective Date of Current Order: [DATE]
Date of Filing: [DATE]

2. DEFINITIONS

For ease of reference, capitalized terms have the following meanings:

“Child(ren)” – The minor child(ren) of the parties: [NAME(S), DOB(S)].
“Current Order” – The child support order issued on [DATE] by the Vermont Superior Court, Family Division, [UNIT] Unit, Docket No. [●].
“Guidelines” – Vermont Child Support Guidelines codified at 15 V.S.A. § 653 and the Vermont Rules for Family Proceedings.
“Income” – Gross income as defined in 15 V.S.A. § 653(5).
“Obligor” – The party ordered to pay support under the Current Order.
“Obligee” – The party entitled to receive support under the Current Order.

3. OPERATIVE PROVISIONS

3.1 Parties

1. Petitioner/Obligor: [NAME], parent of the Child(ren).
2. Respondent/Obligee: [NAME], parent of the Child(ren).

3.2 Jurisdiction & Venue

This Court retains continuing, exclusive jurisdiction over child support pursuant to 15 V.S.A. § 660. Venue is proper in the [UNIT] Unit because the Child(ren) reside(s) in this Unit.

3.3 Prior Child Support Order (Current Order)

The Current Order requires the Obligor to pay child support of $[AMOUNT] per [WEEK/MONTH] via wage withholding.

3.4 Standing

Petitioner is entitled to seek modification as a party subject to the Current Order.

3.5 Grounds for Modification

Pursuant to 15 V.S.A. § 660(b), modification is warranted when there is a “real, substantial, and unanticipated change of circumstances,” including—but not limited to—a 10 percent or greater deviation from the Guidelines calculation. Petitioner asserts the following changes:

a. Income Change: Petitioner’s annual gross Income changed from $[PRIOR] to $[CURRENT].
b. Custodial Schedule: The parties’ parenting time changed from [PRIOR %] to [CURRENT %] effective [DATE].
c. Health-Care Expenses: Child-related insurance premiums changed from $[PRIOR] to $[CURRENT].

3.6 Compliance With Vermont Child Support Guidelines

Petitioner attaches a completed Child Support Worksheet in the form prescribed by the Office of Child Support (“OCS”). The Worksheet shows a presumptive support amount of $[NEW GUIDELINE AMOUNT]—a deviation of [___] %, exceeding the statutory 10 percent threshold.

3.7 Wage Withholding & Enforcement Mechanisms

Petitioner requests that any modified order continue to be enforced by immediate wage withholding in accordance with 15 V.S.A. § 782 and 33 V.S.A. §§ 3901–3903, and that all existing intercepts (tax refund, lottery, and liens) remain in effect.

3.8 Proposed Modified Support Obligation

Petitioner respectfully requests that the Court enter a new child support obligation of $[PROPOSED AMOUNT] per [WEEK/MONTH], effective [EFFECTIVE DATE], plus:
• 50 % of unreimbursed medical/dental expenses exceeding $[THRESHOLD]; and
• Statutory 1 % monthly arrearage interest if any payment is thirty (30) days overdue.

4. REPRESENTATIONS & WARRANTIES (Verified Allegations)

1. Petitioner verifies under oath that all factual statements herein are true and correct to the best of Petitioner’s knowledge and belief.
2. Petitioner has disclosed all material changes affecting child support.
3. No prior petition to modify is currently pending before this Court.

5. COVENANTS & RESTRICTIONS (Prospective Orders)

Petitioner agrees to:
a. Provide updated income documentation annually on or before [DATE].
b. Notify the Court and OCS in writing within ten (10) days of any change of employment or address.

6. DEFAULT & REMEDIES

Failure to comply with any modified order may subject the non-compliant party to statutory remedies, including but not limited to: contempt proceedings, license suspensions, intercepts, liens, and credit reporting (15 V.S.A. §§ 793–798).

7. RISK ALLOCATION

Not applicable—child support obligations are statutory and cannot be limited by private agreement.

8. DISPUTE RESOLUTION

The Vermont Superior Court, Family Division, retains exclusive jurisdiction over enforcement and future modification. Arbitration is not available for child support matters. A jury trial is not available under Vermont family law.

9. GENERAL PROVISIONS

a. Amendment: Further modifications require written motion and court order.
b. Severability: If any provision is later found unenforceable, the remainder shall remain in effect.
c. Integration: This Motion, together with the accompanying Worksheet and Proposed Order, constitutes the entire request for relief.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of __________, 20__.

_____________________________
[NAME OF PETITIONER]
Petitioner/Obligor, pro se [or “By counsel”]
[ADDRESS]
[PHONE] | [EMAIL]

STATE OF VERMONT
[COUNTY] SS.

On this ___ day of __________, 20__, [NAME OF PETITIONER] personally appeared and made oath that the foregoing statements are true to the best of his/her knowledge and belief.

Before me:

_____________________________
Notary Public
My commission expires: ____________

11. CERTIFICATE OF SERVICE

I certify that on __________, 20__, I served a true copy of this Verified Motion, the Child Support Worksheet, and all attachments by:
☐ U.S. Mail ☐ Hand Delivery ☐ Electronic Filing
to:

[NAME OF RESPONDENT or Respondent’s Counsel]
[ADDRESS / EFSP EMAIL]

_____________________________
[NAME OF PETITIONER or Counsel]

12. PROPOSED ORDER

Vermont Superior Court • Family Division • [UNIT] Unit
[Docket No. _________]

ORDER ON VERIFIED MOTION TO MODIFY CHILD SUPPORT

The Court, having reviewed the Motion, supporting documentation, and the Vermont Child Support Worksheet, hereby FINDS that a real, substantial, and unanticipated change of circumstances exists under 15 V.S.A. § 660, and ORDERS:

1. Child support is modified to $[AMOUNT] per [WEEK/MONTH], commencing __________, 20__.
2. Payments shall be made via immediate wage withholding through OCS.
3. Each party shall exchange updated income documentation annually on or before [DATE].
4. All other provisions of the [DATE] Order remain in full force and effect.
5. This Order is final and enforceable upon entry.

SO ORDERED at [TOWN], Vermont, this ___ day of __________, 20__.

____________________________________
[NAME], Superior Judge
Vermont Superior Court, Family Division