(a) The magistrate shall make findings of fact, conclusions, and a decision and shall
issue an order. An order issued by a magistrate may be enforced by the Family Division
of the Superior Court in the unit in which the magistrate hearing was held.
(b) A magistrate may issue an order based on a stipulation regarding any preliminary matter
necessary to issue a child support order.
(c) If the stipulation of the parties regarding child support includes matters other than
preliminary matters necessary to issue a child support order, the stipulation may
be accepted and approved by the magistrate in respect to those preliminary matters
and signed by the magistrate as an order of the Family Division of the Superior Court.
(d) A magistrate shall issue an order for child support based upon the actual physical
living arrangements of the children during the prior three months if the parties have
not stipulated concerning parental rights and responsibilities. If parental rights
and responsibilities are contested, the Family Division of the Superior Court shall
make an order allocating parental rights and responsibilities. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 228 (Adj. Sess.), § 9; 1995, No. 59, § 14; 2009, No. 146 (Adj. Sess.), § C14; 2009, No. 154 (Adj. Sess.), § 30.)
Notes of Decisions
Cited in 3
cases, 1997–2015 · leading case: Russell v. Armitage, 697 A.2d 630 (Vt. 1997).
Russell v. Armitage, 697 A.2d 630 (Vt. 1997). · cites it 2דSee 4 V.S.A. § 462(a). At a December 8, 1994 hearing, the court found that defendant had presented no medical evidence to show that he is unable to work, and had made little effort to find employment or settle his workers' compensation claim.”
Harris v. Harris, 714 A.2d 626 (Vt. 1998). · cites it 3דThe family court has original jurisdiction over child support issues, only upon motion, under certain limited circumstances listed in 4 V.S.A. §§ 462, 463. See also V.R.F.P. 4(q) (except as provided by 4 V.”
Frazer v. Olson, 2015 VT 84, 127 A.3d 86. · cites it 4דComparing these two statutes, mother suggests that findings of fact are binding in the final hearing when a magistrate presides because § 462(a) explicitly requires a magistrate to issue findings, whereas findings of fact are not binding when a judge presides over a temporary…”
Vt. Stat. Ann. tit. 04, § 462(a): 2 cases
Russell v. Armitage, 697 A.2d 630 (Vt. 1997). “See 4 V.S.A. § 462(a). At a December 8, 1994 hearing, the court found that defendant had presented no medical evidence to show that he is unable to work, and had made little effort to find employment or settle his workers' compensation claim.”
Frazer v. Olson, 2015 VT 84, 127 A.3d 86. “Comparing these two statutes, mother suggests that findings of fact are binding in the final hearing when a magistrate presides because § 462(a) explicitly requires a magistrate to issue findings, whereas findings of fact are not binding when a judge presides over a temporary…”
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