XVII. FAMILY LAWISSUES This section addresses some frequently asked questions related to family law that
may arise in the aftermath of a disaster. Also note that many useful forms can be found at
http://www.vermontjudiciary.org.
How do I modify child support and when should I seek a modification? Child support ordered by the court can be changed by the court if one parent can
show there has been a real, substantial and unanticipated change of circumstances since the last child support order was issued. Therefore, if someone losses a job or their income is decreased due to disaster, this may constitute a real, substantial, unanticipated change in circumstances sufficient to be entitled to a modification of child support.
Parties may qualify for the assistance of the Office of Child Support to assist them with modification or enforcement of child support.
OCS child support helpline: 1-800-786-3214
http://dcf.vermont.gov/child_support Under the statutes, change is considered real and substantial if it would make the
child support amount payable under the child support guidelines at least 10% higher or lower than the amount of the current child support order. Involuntary loss of employment, even when one is receiving unemployment compensation, worker's compensation, or disability benefits, is a good reason to review the guideline support and if there is a 10% change then to seek a modification of child support.
Changes in the parenting schedule may also be a reason to seek a modification if
that change in schedule impacts the guideline by the necessary 10%. You should go to the department of children and families website for access to the child support guideline calculator at:
http://dcf.vermont.gov/ocs/parents/guidelines_calculator
In order to start the modification process, a party must file a Motion to Modify
Child Support. The forms can be found at the judiciary website:
http://www.vermontjudiciary.org or by going to your local court clerk’s office at the Family Division and asking for Form #803. The motion should also be accompanied by an affidavit explaining the change. This form is 804. The party should also complete the Form 813 Affidavit of Financial Affidavit part A and sometimes part B. There is a filing fee and usually a service fee as well so you should ask the clerk the amount at the time of filing. Some individuals may not be able to afford the fee and may request waiver or reduction of the fee by filing Form 228c “In forma pauperis.”
Note that all modifications of child support must be approved by the court which
means that even where parties have informal agreements, those agreements should be immediately reduced to writing and filed as a stipulation with the court asking for the court to approve it. Even if there is an informal agreement, the change of support does
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