Legal Statutes: Vermont

UPDATED September 24, 2012

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• Vermont Statutes (select sections)
  • Title Twelve. Court Procedure
    • Part 9. Particular Proceedings
      • Chapter 178. Orders Against Stalking or Sexual Assault
        • 5131. Definitions
        • 5132. Jurisdiction and venue
        • 5133. Requests for an order against stalking or sexual assault
        • 5134. Emergency relief
        • 5135. Service
        • 5136. Procedure
        • 5137. Filing orders with law enforcement personnel; a department of public safety protection order database
        • 5138. Enforcement
  • Title Thirteen. Crimes and Criminal Procedure
    • Part 1. Crimes
      • Chapter 1. General Provisions
        • 1. Felonies and misdemeanors defined
      • Chapter 19. Breach of the Peace; Disturbances
        • Subchapter 4. Other Disturbances of the Peace
          • 1027. Disturbing peace by use of telephone or other electronic communications
          • 1030. Violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child
        • Subchapter 7. Stalking
          • 1061. Definitions
          • 1062. Stalking
          • 1063. Aggravated stalking
      • Chapter 56. Custodial Interference
        • 2451. Custodial interference
      • Chapter 59. Lewdness and Prostitution
        • Subchapter 1. Lewd and Indecent Conduct
          • 2601. Lewd and lascivious conduct
          • 2602. Lewd or lascivious conduct with child
          • 2605. Voyeurism
      • Chapter 64. Sexual Exploitation of Children
        • 2822. Use of a child in a sexual performance
        • 2823. Consenting to a sexual performance
      • Chapter 72. Sexual Assault
        • Subchapter 1. Crimes; Trials
          • 3252. Sexual assault
          • 3253. Aggravated sexual assault
          • 3253a. Aggravated sexual assault of a child
          • 3257. Sexual exploitation of an inmate
          • 3258. Sexual exploitation of a minor
  • Title Fourteen. Decedents' Estates and Fiduciary Relations
    • Part 4. Fiduciary Relations
      • Chapter 111. Guardianship
        • Subchapter 2. Persons for Whom Guardians Appointed2
          • Article 1. Guardians of Minors
            • 2645. Appointment of guardian
  • Title Fifteen. Domestic Relations
    • Chapter 5. Desertion and Support
      • Subchapter 3A. Parentage Proceedings
        • 308. Presumption of parentage
    • Chapter 11. Annulment and Divorce
      • Subchapter 3A. Child Custody and Support
        • 650. Legislative findings and purpose
        • 654. Support guideline
        • 655. Total child support obligation
        • 657. Shared or split physical custody
        • 660. Modification
        • 664. Definitions
        • 665. Rights and responsibilities order; best interests of the child
        • 666. Agreements between parents
        • 668. Modification of order
    • Chapter 18. Grandparents' Visitation
      • 1011. Jurisdiction
      • 1012. If a parent is deceased or cannot decide
      • 1013. Decision
      • 1015. Limit on refiling
    • Chapter 19. Uniform Child Custody Jurisdiction Act [Repealed]
      • §§ 1031 to 1051. Repealed by 2011, No. 29, § 8, eff. July 1, 2011
    • Chapter 20. Uniform Child Custody Jurisdiction and Enforcement
      • Subchapter 2. Jurisdiction
        • § 1077. Inconvenient forum
    • Chapter 21. Abuse Prevention
      • Subchapter 1: General Provisions
        • 1101. Definitions
        • 1102. Jurisdiction and venue
        • 1103. Requests for relief
        • 1104. Emergency relief
        • 1105. Service
        • 1106. Procedure
        • 1107. Filing orders with law enforcement personnel; department of public safety protection order database
        • 1108. Enforcement
        • 1109. Appeals
        • 1110. Requests for child support; transfer to office of magistrate
        • 1115. Limitation or denial of visitation
      • Subchapter 3: Address Confidentiality for Victims of Domestic Violence, Sexual Assault or Stalking
        • 1150. Findings and intent
        • 1151. Definitions
        • 1152. Address confidentiality program; application; certification
        • 1153. Certification cancellation
        • 1154. Agency use of designated address; agency other than law enforcement agency.
        • 1154a. Agency use of designated address; law enforcement agency.
        • 1155. Disclosure of address prohibited; exceptions
        • 1156. Nondisclosure of address in criminal and civil proceedings.
        • 1157. Assistance for program applicants
        • 1158. Voting by program participant
        • 1159. Custody and visitation orders
        • 1160. Adoption of rules
  • Title Fifteen B. Uniform Interstate Family Support Act (1996)
    • Chapter 3. Civil Provisions of General Application
      • 312. Nondisclosure of information in exceptional circumstances
  • Vermont Court Rules
    • Rules for Family Proceedings
      • RULE 9. ABUSE PREVENTION

Subchapter 3A. Child Custody and Support

back to top657. Shared or split physical custody

(a) When each parent exercises physical custody for 30 percent or more of a calendar year, the total child support obligation shall be increased by 50 percent to reflect the additional costs of maintaining two households. Each parental support obligation shall be determined by dividing the total support obligation between the parents in proportion to their respective available incomes and in proportion to the amount of time each parent exercises physical custody. The parental support obligations shall then be offset, with the parent owing the larger amount being required to pay the difference between the two amounts to the other parent.

(b) When one parent exercises physical custody for 25 percent or more but less than 30 percent of a calendar year, each parent's respective share of the total support obligation shall be determined in accordance with a shared costs table adopted by the agency of human services by rule. The shared costs table shall be developed in such a way as to minimize economic disputes over parent-child contact or visitation and shall reflect the additional costs of maintaining two households by increasing the total support obligation by 50 percent.

(c) In no event shall a parent be required to pay child support under subsection (a) or (b) of this section in an amount greater than the amount that would have been ordered under the support guidelines.

(d) For purposes of this section, “physical custody” means keeping the children overnight. The parent having custody for the greater period of time shall be considered the custodial parent for the purposes of section 661 of this title.

(e) When each parent has physical custody of at least one of the children, a theoretical support payment shall be determined for each parent for the children in the custody of the other, prorating the obligations among all children in the household. The obligations shall then be offset, with the parent owing the larger amount being required to pay the difference between the two amounts to the other parent.