§ 658 - Support
§ 658. Support
(a) In an action under this chapter or under chapter 21 of this title, the court shall order either or both parents owing a duty of support to a child to pay an amount for the support of the child in accordance with the support guidelines as set forth in this subchapter, unless otherwise determined under section 659 of this title.
(b) A request for support may be made by either parent, a guardian, or the department for children and families or the office of Vermont health access, if a party in interest. A court may also raise the issue of support on its own motion.
(c) The court may order support to be continued until the child attains the age of majority or terminates secondary education, whichever is later.
(d) The family court judge or magistrate may order a parent who is in default of a child support order, to participate in employment, educational, or training related activities if the court finds that participation in such activities would assist in addressing the causes of the default. The court may also order the parent to participate in substance abuse or other counseling if the court finds that such counseling may assist the parent to achieve stable employment. Activities ordered under this section shall not be inconsistent with any requirements of a state or federal program in which the parent is participating. For the purpose of this subsection, "employment, educational, or training related activities" shall mean:
(1) unsubsidized employment;
(2) subsidized private sector employment;
(3) subsidized public sector employment;
(4) work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available;
(5) on-the-job training;
(6) job search and job readiness assistance;
(7) community service programs;
(8) vocational educational training (not to exceed 12 months with respect to any individual);
(9) job skills training directly related to employment;
(10) education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency;
(11) satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate; and
(12) the provision of child care services to an individual who is participating in a community service program.
(e) A consent to the adoption of a child or the relinquishment of a child, for the purpose of adoption, covered by a child support order shall terminate an obligor's duty to provide future support for the adopted child without further order of the family court. Unpaid support installments accrued prior to adoption are not discharged and are subject to the jurisdiction of the family court. In a case involving a child covered by a Vermont child support order, the probate court shall file the consent or relinquishment with the family court that issued the support order and shall notify the office of child support of any order terminating parental rights and of the final adoption decree. Upon receipt of the consent or relinquishment the office of child support shall terminate the obligor's duty to provide further support.
(f)(1) The court shall order either or both parents owing a duty of support to provide a cash contribution or medical coverage for a child, provided that medical coverage is available to the parent at a reasonable cost. Medical coverage is presumed to be available to a parent at a reasonable cost only if the amount payable for the individual's contribution to the insurance or health benefit plan premium is five percent or less of the parent's gross income. The court, in its discretion, retains the right to order a parent to obtain medical coverage even if the cost exceeds five percent of the parent's gross income if the cost is deemed reasonable under all the circumstances after considering the factors pursuant to section 659 of this title.
(2) If private health insurance or an employer-sponsored health benefit plan is not available at a reasonable cost, the court may order one or both parents owing a duty of support to contribute a cash contribution of up to five percent of gross income toward the cost of health care coverage of a child under public or private health insurance or a health benefit plan. A cash contribution under this section shall be considered child support for tax purposes. When calculating the contribution of a parent whose child receives coverage under Medicaid, a Medicaid waiver program, or Dr. Dynasaur, the court shall not order a contribution greater than the premium amount charged by the agency of human services for the child's coverage.
subsection (g) repealed effective July 1, 2012; see note set out below.(g) Upon motion, the court may extend child support up to the age of 22 for an individual found by the court to have significant physical, mental, or developmental disabilities. The court shall consider the factors identified in section 659 of this title in making its decision. The parent seeking the order shall provide the court with documentation of the child's disability. (Added 1985, No. 180 (Adj. Sess.), § 6, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 21; 1993, No. 228 (Adj. Sess.), § 7; 1995, No. 59, § 5; 1995, No. 161 (Adj. Sess.), § 3; 1997, No. 63, § 7, eff. Sept. 1, 1997; 2003, No. 159 (Adj. Sess.), § 6; 2005, No. 174 (Adj. Sess.), § 33; No. 215 (Adj. Sess.), § 131; 2007, No. 118 (Adj. Sess.), § 1, eff. July 1, 2012.)