Once parentage has been legally established, parents and their children share all rights and responsibilities granted by law. One of these is support. Children who do not live with both parents are legally entitled to receive both child and medical support.

What is a child support order?

A child support order requires one of the parents to pay the other an ongoing cash amount toward support of the child. Child support orders are issued by the court either upon agreement (stipulation) by the parties or as a result of a court hearing.

What is a medical support order?

A medical support order requires either:

1. One or both parents to provide health insurance coverage for the children; or
2. One of the parents to pay an ongoing cash amount towards health insurance coverage for the children.

Medical support orders are issued by the court either upon agreement (stipulation) by the parties or as a result of a court hearing.

When should I establish support?

Medical and child support are typically determined at the same time as custody—during a separation or divorce process or as part of a legal action to establish parentage. However, it can be decided anytime the parents are not living together.

You must have a custody order before you can obtain a child support order but not necessarily before you can get an order for medical support.

How do I establish support?

In Vermont, legal issues involving child and medical support and most other family-related issues are settled in Family Court.

• If you are receiving services from OCS and need to establish support, we will initiate the process on your behalf and file the required paperwork.
   
• If a child is receiving public assistance, the law requires us to establish a child and medical support order and to collect support—unless the custodial parent or guardian shows good cause not to do so (e.g., it is not in the child’s best interest because there is a concern about domestic violence or child abuse).
   
• In most cases, if a child is receiving Medicaid, the law requires us to establish a medical support order and either collect cash medical support or obtain private health coverage—unless the custodial parent or guardian shows good cause not to do so.
   
• If you are not getting services from us, you may initiate a support order on your own by filing three forms with your local Family Court: Petition to Establish Support; Affidavit of Income and Assets (required of both parents); and Child Support Guidelines Worksheet. The forms are available at Family Court or from OCS.

How does the legal process work?

When OCS files a motion with a Family Court, the court serves notice to all parties involved and schedules a case manager conference as well as a hearing before the magistrate or judge. Proceedings cannot go forward until each party has been served notice (called perfection of service).

Once all parties have been notified, they must appear in court at the scheduled time. If one of the parties fails to appear, the court may issue a default judgment against that person.

Case Manager Conferences: During the conference, which is typically scheduled for one hour, the case manager explains the court process and the motions and issues at hand. If the parents reach agreement on the issues, a legally binding agreement (called a stipulation) is prepared and submitted to the magistrate or judge for signature. If the parents fail to reach agreement, the matter is set for a hearing.

Hearings Before a Magistrate: Magistrate hearings are scheduled when either a) the parents cannot agree on the establishment, modification, or enforcement of support; or b) the court does not accept the agreement reached by the parents. Parents may represent themselves or have their attorneys attend with them.

Hearings Before a Judge: A judge has broader powers than a magistrate. For example, in domestic relations cases, a judge hears divorce and property issues as well as child and medical support issues. When a hearing is held before a judge, many parents choose to have their attorneys attend with them; however, this is a personal choice and not a requirement.

Documents Required: Both parents must provide the court with the following financial information:

• Affidavit of Income and Assets (Form 813 available from OCS or the court);
• Copies of their four most recent pay stubs;
• Statements of cost and availability of health insurance for dependents;
• Any records documenting self-employment;
• Copies of their two most recent federal income tax returns; and
• Copies of any other supporting evidence, such as canceled checks and money orders.

How is the amount of support determined?

Family Court calculates the amount each parent should provide the children based on:

• The documents provided by both parents;
• The recommendation of OCS staff; and
• The Vermont Child Support Guidelines.

OCS recommends child support based on the parents’ documented income. However, if either parent does not provide all the required documentation, Vermont law allows us to assume that his or her income is the greater of either:

• The gross income indicated by any evidence; or
• 150% of the current annual average covered wage for all employment as calculated by the Department of Labor.

More Info/Assistance

Click here to learn how to apply for OCS services.

If you need more information or help establishing support, please contact the OCS Helpline at 1-800-786-3214 or OCSCSU@ahs.state.vt.us.

For more detailed information about establishing support and other child-support related topics, you should read:

Child Support in Vermont: A Handbook for Parents (pdf)