Fillable Form 400 00802 5 0 (Vermont Judiciary)

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Form 400 00802 5 0 (Vermont Judiciary)

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400-00802 - Child Support Order (7/2019)
Page 1 of 8
STATE OF VERMONT
SUPERIOR COURT
FAMILY DIVISION
Unit
Docket No.
Plaintiff Name
DOB
V.
Defendant Name
Other Party Name:
Other Party Name:
☐
INTERIM
☐
TEMPORARY
☐
FINAL
☐
DEFAULT
CHILD SUPPORT ORDER
☐
Establishment
☐
Modification
☐
E
nforcement
☐
Contempt
☐
Amended
OBLIGOR (Person Who Pays Support)
OBLIGOR'S EMPLOYER or Source of Funds
Name (First, Last)
Name
Mailing Address
Mailing Address
City State
Zip Code
City State
Zip Code
Phone Number
Phone Number
Social Security Number Email Address
OBLIGEE (Person Who Receives Support)
OBLIGEE'S EMPLOYER or Source of Funds
Name (First, Last)
Name
Mailing Address
Mailing Address
City State Zip Code
City State Zip Code
Phone Number Phone Number
Social Security Number
Email Address
CHILDREN WHO ARE SUBJECT OF THIS ORDER
First Name Last Name
Date of Birth
Grade
Social Security Number
400-00802 - Child Support Order (7/2019)
Page 2 of 8
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
This is the result of a child support worksheet which is attached and incorporated as findings in this
order and includes information on other child support related costs, such as child care, extraordinary
medical and/or educational expenses.
A. Child Support: Obligor shall pay child support as follows:
Beginning
$ Per
B. Child Support Maintenance Supplement: Obligor shall pay maintenance supplement as follows:
Beginning
$ Per
C.
Spousal Maintenance: Obligor shall pay spousal maintenance as follows:
Beginning
$ Per
This is the result of a medical support worksheet which is attached and incorporated as findings in this
order.
Neither party has private health insurance available to them.
Medical support is addressed in the Child Support Order filed and has not been modified
by this order.
A. The parties are ordered to pay medical support as follows:
Child(ren) are presently covered by state or federally provided health insurance in Mother’s
Father’s household. This health insurance coverage shall be maintained for the child(ren) for
so long as the child(ren) remain eligible for current coverage.
The Obligor Obligee is ORDERED to provide and maintain private health insurance for the
minor child(ren) as long as the cost of health insurance is deemed reasonable.
Private health insurance is currently unavailable to either party. The obligor shall pay a cash
contribution toward the cost of health coverage as follows:
Beginning
$ Per
Private health insurance is currently unavailable to either parent at a reasonable cost. If private
health insurance becomes available to either parent at a reasonable cost, that parent shall be
responsible for providing and maintaining health insurance for the minor child(ren). Either parent
may request a hearing to determine whether the cost of health insurance is reasonable.
B.
Current Medical Support Coverage
Health insurance:
Policy or Certificate Number:
Name of Subscriber:
Relationship to Child(ren):
Plan Name:
Plan Address:
Subscriber ID Number:
C.
Child(ren)'s Out of Pocket Medical Expenses
Medical or other health expenses that are unreimbursed by insurance (including but not limited to
expenses for eye, dental, mental health, health plan deductible) shall be shared as follows:
1) Obligee is solely responsible for the first $200 annually of the children's out of pocket
health expenses.
2) The parties shall share unreimbursed expenses as follows:
Obligor ___ % Obligee _%
3) Additional Provisions:
I.CURRENT CHILD SUPPORT
II.MEDICAL SUPPORT
Docket No.
400-00802 - Child Support Order (7/2019)
Page 3 of 8
A. Arrears Owed to the Obligee
Obligor shall pay the Obligee as follows:
Beginning
$
Per on a Judgment amount of
$
as of
The judgment consists of the following past due amounts:
Past Due Support: $_______________ Surcharge: $_______________
Service Fees: $_______________ Civil Penalty: $_______________
Attorney Fees: $_______________ Medical Expense: $_______________
Cash Contribution towards Medical: $_______________
Other: ______________________________ Amount of Other: $_______________
B. Arrears Owed to Office of Child Support
Obligor shall pay the Office of Child support as follows:
Beginning
$
Per on a Judgment amount of
$
as of
The judgment consists of the following past due amounts:
Child Support: $_______________ Service Fees: $_______________
Civil Penalty: $_______________
Cash Contribution towards Medical: $_______________
Other: ______________________________ Amount of Other: $_______________
C. Arrears Owed to Another Person or Agency
Obligor shall pay to ____________________ as follows:
Beginning
$
Per on a Judgment amount of
$
as of
The judgment consists of the following past due amounts:
Past due Support: $_______________
Other: ______________________________ Amount of Other: $_______________
D. Surcharge or Interest
Surcharge or interest accrues on the unpaid balance of support at the rate of .5% per month or 6% per
year from 1/1/12 forward until the support arrears are paid in full - even if the Obligor is making
monthly arrears payments in conformity with this order. 15 V.S.A. § 606. Surcharge prior to 1/1/12
accrued at the rate of 1% per month.
E. Arrears owed to the Obligee shall be paid first unless the Obligee is a recipient of federal
public assistance benefits.
F. Additional Arrears Provisions:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
III. ARREARS ON PAST DUE CHILD SUPPORT/REPAYMENT PROVISIONS
Docket No.
400-00802 - Child Support Order (7/2019)
Page 4 of 8
☐
☐
☐
☐
☐
☐
A. WAGE WITHHOLDING ORDER
Any employer of the Obligor shall deduct the following sum from the Obligor's wages:
Beginning
$ Per
This deducted amount shall be paid directly to:
OFFICE OF CHILD SUPPORT, PO BOX 1310, WILLISTON, VT 05495.
(NOTE: This provision of this order is subject to the limits on withholding contained in 15 U.S.C. §
1673(b) and § 303(b) of the Consumer Credit Protection Act.)
At any time if the child support obligation is not being paid through wage withholding, the responsible
parent shall send the payments to the Office of Child Support or Obligee.
(NOTE: Any direct payments made by the Obligor to the Obligee will not be reflected in OCS
records unless OCS receives written notification of the direct payment.)
B. DIRECT PAYMENT
Based Upon Stipulation of the parties Evidence presented at hearing.
Obligor shall make payments directly to the Office of Child Support as follows:
Beginning
$ Per
This amount shall be paid directly to: OFFICE OF CHILD SUPPORT, PO BOX 1310, WILLISTON, VT 05495.
Obligor shall make payments directly to the Obligee as follows:
Beginning
$ Per
(NOTE: If the court finds, after a hearing on a petition, that any support payment has been late
by 7 days or more, the court may issue a wage withholding order, pursuant to 15 V.S.A.
§ 782.)
C. CHANGE OF ADDRESS
Each party shall notify the Office of Child Support, Support Registry, 280 State Drive, Waterbury,
VT 05671-1060 within 7 days of a change in address, employment or health insurance carrier. The
notification requirement applies until all obligations to pay support arrearages or orders to provide
for visitation are satisfied. You may contact OCS via email at: OCSCSU@vermont.gov or by calling
1 (800) 786-3214.
V. TYPE OF HEARING, DEFAULT OR STIPULATION
This order is entered: ☐ after default hearing (when one or more parties fail to appear)
☐ after hearing (when parties are/or their attorneys are present)
☐ upon approval of the parties (stipulation filed)
☐ pursuant to 15 V.S.A. §660(d)
Parties Present: ☐ Obligor ☐ Obligor’s Attorney ☐ Obligee ☐ Obligee’s Attorney
☐ OCS ☐ Other __________________________
☐ Obligor was not present, but
☐ received notice by personal service on _______________
☐ received notice by certified mail restricted delivery on _______________
☐ signed an Acceptance of Service on _______________
☐ other _______________________________________
☐ Obligee was not present but
☐ received notice by personal service on _______________
☐ received notice by certified mail restricted delivery on _______________
☐ signed an Acceptance of Service on _______________
☐ other _______________________________________
Docket No.
400-00802 - Child Support Order (7/2019)
Page 5 of 8
☐
☐
☐
FINDINGS AND BASIS OF ORDER
VI. PARENTAGE
Parentage has been established as follows:
☐ The parties executed a Voluntary Acknowledgement of Parentage or Acknowledgment of Parentage, which was
filed with the Vermont Department of Health and has not been rescinded or challenged, pursuant to 15C V.S.A.
§304-309.
List Child(ren) Name(s)__________________________________________________________________________
☐ There is a legal presumption for the child(ren):
☐ The child(ren) was/were born or adopted during the marriage/civil union;
List Child(ren) Name(s)__________________________________________________________________________
☐ The child(ren) was/were born within 300 days of the date the marriage/civil union terminated, either by
divorce, annulment or operation of law;
List Child(ren) Name(s)__________________________________________________________________________
☐ The parties married each other after the birth of the child(ren) they asserted parentage of the child, and
agreed to be and are named as parents of the child(ren) on the birth certificate;
List Child(ren) Name(s)__________________________________________________________________________
☐ The parties resided in the same household with the child(ren) from the child(ren)’s birth through the first two
years of their life, including temporary periods of absence, and both parties openly held out the child(ren) as
the non-birth parent’s child(ren).
List Child(ren) Name(s)__________________________________________________________________________
☐ The parties are intended parents of the child(ren) pursuant to a gestational carrier agreement.
List Child(ren) Name(s)_____________________________________________________________________________
☐ A Parentage Order for the child(ren) was issued on ____________ by ______________________________
☐ The Vermont Superior Court ☐ Other:______________________________________________
List Child(ren) Name(s)___________________________________________________________________________
A. Physical responsibility for the child(ren) for the purpose of child support is:
☐ Primarily with: ☐ Obligee ☐ Obligor
☐ Split as follows: ☐ Child(ren) with Obligor: _______________________________
☐ Child(ren) with Obligee: _______________________________
☐ Shared as follows: __________% of time with Obligor
__________% of time with Obligee
B. Physical responsibility is based on: ☐ a stipulation of the parties dated _______________
☐ an Order of the Court dated ___________________
C. ☐ The following child(ren) is/are in the custody of others: ___________________________
D. Additional information: ________________________________________________________
☐ A. Relief from Abuse Order exists for these parties under Docket No,. _______________________
B. A party's address is omitted for confidentiality purposes after a court hearing and a finding of
good cause.
C. Other:
VII. PARENTAL RESPONSIBILITIES
Docket No.
VIII. ADDITIONAL FINDINGS AND ORDER
400-00802 - Child Support Order (7/2019)
Page 6 of 8
A. This order shall remain in effect unless and until it is changed or discontinued by further order of the
Court or by operation of law pursuant to the law of the issuing state of
B. If Vermont is the issuing state, an Obligor's support obligation will continue beyond a child's
eighteenth birthday if the child is enrolled in, but has not completed high school, unless
otherwise specified.
C. If wage withholding is ordered and an arrearage exists when the support obligation terminates,
the current monthly payment and any arrearage repayment amount shall not be reduced until the
arrears due is satisfied.
The above is stipulated to by the parties:
Signature of Obligor
Date
Signature of Obligee
Date
Approved as to Form
Signature of Obligor’s Attorney
Date
Signature of Obligee’s Attorney
Date
Signature of OCS Representative
Date
It is so ORDERED
Signature of Magistrate or Superior Court Judge
Date
Printed Name of Magistrate or Superior Court Judge
Assistant Judge
Date
Assistant Judge
Date
ACCEPTANCE OF SERVICE
I have received a copy of this order and I waive all other service.
Obligor
Date
Obligee
Date
NOTICE OF RIGHT TO APPEAL
An order signed by a Magistrate or Presiding Judge may be appealed by filing a Notice of Appeal with the
Clerk of the Family Division within 30 days of the filing of this order.
IX. DURATION OF CHILD SUPPORT
Docket No.
400-00802 - Child Support Order (7/2019)
Page 7 of 8
Additional Conditions of Order & Important Notices
A. THIS IS A COURT ORDER
All parties are expected to comply with all terms of this order. The address provided to the court shall remain the same
for service of future actions and/or orders unless a parent notifies the court of a change.
B. A PARTY HAS THE RIGHT TO SEEK MODIFICATION OF THE ORDER BY FILING AN ACTION IN COURT
A parent or any other person to whom support has been granted, or any person charged with support, may file a motion
for modification of a child support order under 15 V.S.A. § 660. A modification may be granted upon a real, substantial,
and unanticipated change of circumstances, including loss of employment or a considerable reduction or increase in
salary or wages. An obligor is responsible for any required payments set forth in an order unless the order is vacated or
modified by a court. Thus, any subsequent agreement between the parties that differs from the order is not legally
binding, and the obligor is still legally required to pay the amount ordered by the court. (15 V.S.A.§ 663 (e)). If an older
sibling turns 18 and has completed secondary school, a parent must file a motion with the court to modify child support
if s/he wants to change the amount of support for any remaining minor children.
C. A PARTY HAS THE RIGHT TO SEEK ENFORCEMENT OF THE ORDER BY FILING AN ACTION IN COURT
1 A party may place liens on real or personal property.
2. A party may request the court to place assets in escrow, grant a civil penalty when noncompliance of the support is
willful, order wage withholding if the support amount is at least 7 days delinquent, find the Obligor in Contempt
if
th
ere is willful noncompliance with this order, impose surcharge on past due child support, and suspend any and all
licenses owned by obligor including professional, hunting, fishing and/or driver's licenses.
D. IN ADDITION TO THE REMEDIES LISTED ABOVE
A party has the right to request assistance from the Vermont Office of Child Support in the effort to enforce this order.
If the Office of Child Support is or becomes involved in this case (based either on a current or future request for their
services or otherwise), the Office may take the following steps when appropriate:
1. Use any lawful collection remedies to collect any outstanding balance from the Obligor, regardless of any repayment
plan on any unpaid debts.
2. Certify all qualifying child support debts to the Vermont Tax Department and/or the Federal Treasury Offset
Program for the purpose of intercepting tax refunds and/or other payments (i.e., vendor payments) or for
passport denial, etc.
3.
Report an Obligor's account balance to consumer credit reporting agencies and/or request a copy of the report.
4. A
dministratively issue a wage withholding order for current support and/or arrearages in excess of 1/12 of the
annual support obligation.
5.
Freeze bank accounts and take the proceeds to satisfy past due support.
6. Administratively suspend any and all licenses owned by the Obligor. This may include, but is not limited to,
professional, hunting, fishing, or motor vehicle driver's licenses.
E ADDITIONAL MEDICAL SUPPORT PROVISIONS
1. If employed, a parent under a medical support order shall notify his/her employer of such obligation, in writing,
within 10 days of the date of this order.
2. If self-employed or unemployed, a parent under a medical support order shall notify his/her health care insurer of
such obligation in writing within 10 days of the date of this order.
3. A parent is liable for any unreimbursed health care costs of the child(ren) that result from that parent's failure to give
notice/obtain insurance as ordered above, which accrues between the date of this order and the date that the order
is modified by the Court.
4. If a parent has health insurance through an entity other than his/her employer, that parent shall be responsible for
maintaining that insurance and complying with any notice requirements under the policy in effect. Failure to do so
will make the parent liable for paying any unreimbursed health care expenses that accrue between the date of this
order and the date this order is modified by the Court.
5. If a parent pays a health expense of a child subject to this order and the other parent receives reimbursement from
insurance for the expense, the reimbursement shall be sent to the parent who advanced payment, within 30 days of
receipt. If the child(ren) also have Medicaid coverage, payment is to be sent to: Department of Health Access, 280
State Dr., Waterbury, VT 05671-1010, within 30 days.
6. The parties shall provide each other with copies of bills for health expenses and documentation of insurance
determination within 30 days of receipt. The parent who maintains insurance shall also provide the other parent with
a health insurance card, claim forms and a list of benefits and restrictions within 10 days of the date of this order.
Docket No.
400-00802 - Child Support Order (7/2019)
Page 8 of 8
HEALTH INSURANCE AVAILABILITY & COST WORKSHEET
1. Private health insurance is available to: ☐ Obligee ☐ Obligor ☐ Neither
Obligee
Obligor
Gross monthly income is
$
$
5% gross monthly income is
$
$
Total monthly family health insurance cost to employee
$
$
Total monthly two person cost to employee
$
$
Total monthly single person coverage to employee
$
$
2. Private health insurance is deemed reasonable for: ☐ Obligee ☐ Obligor because:
□ The cost of adding the child(ren) to an existing health insurance policy is 5% or less of a parent's gross
income as calculated above for ☐ Obligee ☐ Obligor.
□ The cost of obtaining coverage for the child(ren) is 5% or less of a parent's gross income as calculated
above for ☐ Obligee ☐ Obligor
□ the above referenced cost of health insurance is 5% or more of ☐ Obligee's ☐ Obligor's gross income
and the court has considered the factors of 15 V.S.A. § 659.
Additional findings:
3. Although the cost of health insurance is 5% or less of a parent's gross income, the
□ Obligee ☐ Obligor is not ordered to provide health insurance for the following reasons:
Docket No.
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Form 400 00802 5 0 (Vermont Judiciary)

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Completed 30 July 2020

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