English
EspañolWhen can I modify (change) my child support order?
Either parent or the office of child support can file for a modification. Once a child support order has been issued, any request to modify, or change, the amount of support must be filed in family court. A child support order does not automatically change if there is a change in one parent’s income. The original child support order remains in effect until modified by the court. The court will consider a modification of your child support order in 2 instances:
- if your support order has not been changed in at least three years, you can request a modification without showing a change in circumstances; or
- at any time, provided there has been a “real, substantial and unanticipated change of circumstances”1 such as, for example:
- receipt of workers’ compensation, disability benefits, means-tested public assistance benefits, unemployment compensation (unless the period of unemployment was considered when the child support order was established);
- incarceration for more than 90 days (unless the incarceration is for failure to pay child support);2
- a substantial change in one parent’s income.3
Note: The office of child support may file a motion to modify child support or change the payee (recipient) if a party is or will be incarcerated for more than 90 days, if the family has reunited or is living together, if the child is no longer living with the payee, or if a party receives means-tested benefits.4
You can read more about modifications on the Vermont Judiciary website.
1 VT ST 15 § 660(a)(1)
2 VT ST 15 § 660(c)
3 Vermont Judiciary website
4 VT ST 15 § 660(a)(2)
