Once a support order is issued, it remains in effect until the court modifies it—even if there is a change in one parent’s income or a change in custody. For example, if you and the other parent switch custody, either the judge who issues the custody order modifies your support order or you must request a modification.

When can I request a modification?

The court will consider modifying your support order:

When There is a Real, Substantial, and Unanticipated Change in Circumstances:

Either parent may request a modification if:

• There has been a real, substantial, and unanticipated change in circumstances, such as a significant income change, disability, job loss, cost of visitation or health insurance, or custody change;
   
• There is a need to suspend wage withholding; or
   
• There has been a change that will result in child support that is at least 10% higher or 10% lower than ordered per Vermont Child Support Guidelines. (The 10% change refers to a change in the support payment, not income; a 10% change in either parent’s income may or may not lead to a 10% change in the support payment.) The only way to determine this is to compute support using the new incomes. OCS or the Family Court can help you with this calculation.

The expense of a second family is not considered on its own to be a real, substantial, and unanticipated change in circumstances; however, it may be taken into account during a three-year review.

At a Three-Year Review:

By law, either parent may request a review of their support case—once every three years. At the review, either parent may ask the court to modify the support order, even if there has not been a real, substantial, and unanticipated change in circumstances. For example, you may ask the court to consider the expense of a second family or the resources of a new spouse when calculating the amount of support to be paid.

If the custodial parent receives public assistance or Medicaid, OCS may request a modification at any time, because of a substantial change in circumstances or other reason. This is required by federal law for all public assistance recipients.

How do I request a modification?

Either parent may request a change (or modification) to their order—with legal counsel or on their own. Requesting a change on your own, without legal counsel, is called a pro se modification. Here’s how to do it:

1. Obtain a Modification Package, which includes the forms you need to request a change to a support order, from OCS or any Family Court.
    
2. File a completed Petition to Modify Child Support in Family Court, and pay the filing fee or request that it be waived by the court.
    
3. The court will notify all parties of the filing and provide them with the opportunity to challenge the proposed change.
    
4. Soon after the petition is filed, a modification hearing is scheduled in Family Court and all parties are informed of the date and time. You have the right to hire an attorney to represent your interests at the hearing.
    
5. If you and the other parent agree to the proposed change, you can avoid a Family Court hearing by meeting with your OCS caseworker and the Family Court case manager to sign an agreement (or stipulation). The agreement will be sent to the magistrate who will issue the new support order.
    
6. If you do not agree on the proposed change, both parents must appear at the modification hearing and may challenge the proposed change at that time.
    
7. Both parents must provide the court with the same financial information and documents, which will be used to recalculate the support obligation, according to Vermont Child Support Guidelines.
    
8. If either parent (or their attorney) fails to attend the hearing, the court may issue a default judgment against that missing parent.
    
9. If either parent does not submit the required financial documents, the court has the authority to assume that his or her income is the greater of either:
   a) the gross income indicated by any evidence; or
   b) 150% of the current annual average covered wage for all employment as calculated by the Vermont Department of Labor.

If you request a pro se modification and we are providing services on your case, our staff may attend the modification hearing to provide information about both parents’ ability to support the children; make sure the children have adequate health insurance; or represent the state’s interest in recouping public assistance funds the custodial parent received.

It may be several months before the court holds a hearing to rule on your request for modification. We cannot change the terms of your current court order until we receive a signed copy of a new order.

More Info/Assistance

Click here to learn how to apply for OCS services.

If you need more information or help modifying an existing support order, please contact the OCSHelpline at 1-800-786-3214 or OCSCSU@ahs.state.vt.us.

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

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