Vermont Statutes Annotated

Vt. Stat. Ann. tit. 15, § 653 (2026)

✓ current as of May 2026
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Subchapter 003A : CHILD CUSTODY AND SUPPORT

(Cite as: 15 V.S.A. § 653)
Notes of Decisions
Cited in 35 cases (1 in the last 5 years), 1990–2025 · leading case: Clark v. Clark, 779 A.2d 42 (Vt. 2001).
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Clark v. Clark, 779 A.2d 42 (Vt. 2001). · cites it 32× “See 15 V.S.A. § 653(4) & (9). He did, however, find that Justin's enrollment at Crotched Mountain was a real, substantial and unanticipated change of circumstances for purposes of establishing jurisdiction to modify the support order.”
Gulian v. Gulian, 790 A.2d 1116 (Vt. 2001). · cites it 13× “15 V.S.A. § 653. Before calculating child support, the court must first determine the parties' respective *1123 gross incomes.”
Ainsworth v. Ainsworth, 574 A.2d 772 (Vt. 1990). · cites it 8× “See 15 V.S.A. § 653(1) ("Basic support obligation" defined as guideline amount unless court finds that amount inequitable and establishes a different amount).”
Harris v. Harris, 714 A.2d 626 (Vt. 1998). · cites it 8× “See 15 V.S.A. § 653(1). The child support guidelines indicate the amount that parents living together with such a combined available income ordinarily spend on their children.”
Hunt v. Hunt, 648 A.2d 843 (Vt. 1994). · cites it 6× “In determining defendant's support obligation, the hearing officer calculated a monthly gross income of $480 in accordance with the relevant guidelines of 15 V.S.A. § 653(5): "Gross income" means actual gross income of a parent.”
LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013). · cites it 5× “See 15 V.S.A. § 653(5). However derived, the benefits are income to the child rather than to either parent.”
Adamson v. Dodge, 816 A.2d 455 (Vt. 2002). · cites it 3× “We remand this issue to the trial court to determine mother and father’s available income using 15 V.S.A. § 653, and to make a finding on whether their combined available income falls within the Child Support Guidelines.”
Mitchinson v. Mitchinson, 788 A.2d 23 (Vt. 2001). · cites it 5× “Available income is gross income less certain preexisting support obligations, child healthcare costs, and certain state and federal income tax adjustments, 15 V.S.A. §653(1), and .gross income includes “expense reimbursements or in-kind payments received by a parent in the…”
Mabee v. Mabee, 617 A.2d 162 (Vt. 1992). · cites it 4× “We conclude that, in determining capital gain under 15 V.S.A. § 653 for the sale of assets divided pursuant to divorce, the basis for the property should be its value as of the date of the property division.”
Miller v. Miller, 2005 VT 89 (Vt. 2005). “15 V.S.A. § 653(1)(A). Ainsworth brought to this Court’s attention the insufficiency of the child-support statute in addressing the costs of other dependents.”
Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007). · cites it 2× “See 15 V.S.A. § 653(5)(A)(iii) (including parent's potential income as "gross income" for purposes of child support if parent is voluntarily unemployed, subject to conditions).”
Tetreault v. Coon, 708 A.2d 571 (Vt. 1998). · cites it 2× “Father also asserted that mother was “voluntarily unemployed” and income should be imputed to her pursuant to 15 V.S.A. § 653(5)(A)(iii). After several hearings on the motion, the family court magistrate issued a decision on February 1, 1994.”
Show all 35 citing cases →
— Vt. Stat. Ann. tit. 15, § 653(1) — 6 cases
Harris v. Harris, 714 A.2d 626 (Vt. 1998). “See 15 V.S.A. § 653(1). The child support guidelines indicate the amount that parents living together with such a combined available income ordinarily spend on their children.”
Ainsworth v. Ainsworth, 574 A.2d 772 (Vt. 1990). “See 15 V.S.A. § 653(1) ("Basic support obligation" defined as guideline amount unless court finds that amount inequitable and establishes a different amount).”
Adamson v. Dodge, 816 A.2d 455 (Vt. 2002). “We remand this issue to the trial court to determine mother and father’s available income using 15 V.S.A. § 653, and to make a finding on whether their combined available income falls within the Child Support Guidelines.”
Towslee v. Callanan, 2011 VT 106 (Vt. 2011).
Smith v. Stewart, 684 A.2d 265 (Vt. 1996).
— Vt. Stat. Ann. tit. 15, § 653(1)(A) — 1 case
Miller v. Miller, 2005 VT 89 (Vt. 2005). “15 V.S.A. § 653(1)(A). Ainsworth brought to this Court’s attention the insufficiency of the child-support statute in addressing the costs of other dependents.”
— Vt. Stat. Ann. tit. 15, § 653(4) — 3 cases
Clark v. Clark, 779 A.2d 42 (Vt. 2001). “See 15 V.S.A. § 653(4) & (9). He did, however, find that Justin's enrollment at Crotched Mountain was a real, substantial and unanticipated change of circumstances for purposes of establishing jurisdiction to modify the support order.”
McCormick v. McCormick, 621 A.2d 238 (Vt. 1993).
Catherine Hutchings v. Justin Bramhall (Vt. 2025).
— Vt. Stat. Ann. tit. 15, § 653(5) — 6 cases
Clark v. Clark, 779 A.2d 42 (Vt. 2001). “See 15 V.S.A. § 653(4) & (9). He did, however, find that Justin's enrollment at Crotched Mountain was a real, substantial and unanticipated change of circumstances for purposes of establishing jurisdiction to modify the support order.”
LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013). “See 15 V.S.A. § 653(5). However derived, the benefits are income to the child rather than to either parent.”
Hunt v. Hunt, 648 A.2d 843 (Vt. 1994). “In determining defendant's support obligation, the hearing officer calculated a monthly gross income of $480 in accordance with the relevant guidelines of 15 V.S.A. § 653(5): "Gross income" means actual gross income of a parent.”
Harris v. Harris, 714 A.2d 626 (Vt. 1998). “See 15 V.S.A. § 653(1). The child support guidelines indicate the amount that parents living together with such a combined available income ordinarily spend on their children.”
Kelly-Whitney v. Kelly-Whitney, 2011 VT 12 (Vt. 2011).
— Vt. Stat. Ann. tit. 15, § 653(5)(A) — 4 cases
Clark v. Clark, 779 A.2d 42 (Vt. 2001). “See 15 V.S.A. § 653(4) & (9). He did, however, find that Justin's enrollment at Crotched Mountain was a real, substantial and unanticipated change of circumstances for purposes of establishing jurisdiction to modify the support order.”
Ainsworth v. Ainsworth, 574 A.2d 772 (Vt. 1990). “See 15 V.S.A. § 653(1) ("Basic support obligation" defined as guideline amount unless court finds that amount inequitable and establishes a different amount).”
Mabee v. Mabee, 617 A.2d 162 (Vt. 1992). “We conclude that, in determining capital gain under 15 V.S.A. § 653 for the sale of assets divided pursuant to divorce, the basis for the property should be its value as of the date of the property division.”
Smith v. Stewart, 684 A.2d 265 (Vt. 1996).
— Vt. Stat. Ann. tit. 15, § 653(5)(A)(1) — 1 case
Clark v. Clark, 779 A.2d 42 (Vt. 2001). “See 15 V.S.A. § 653(4) & (9). He did, however, find that Justin's enrollment at Crotched Mountain was a real, substantial and unanticipated change of circumstances for purposes of establishing jurisdiction to modify the support order.”
— Vt. Stat. Ann. tit. 15, § 653(5)(A)(III) — 1 case
Off. of Child Support Ex Rel. Stanzione v. Stanzione, 2006 VT 98 (Vt. 2006).
— Vt. Stat. Ann. tit. 15, § 653(5)(A)(i) — 10 cases
Clark v. Clark, 779 A.2d 42 (Vt. 2001). “See 15 V.S.A. § 653(4) & (9). He did, however, find that Justin's enrollment at Crotched Mountain was a real, substantial and unanticipated change of circumstances for purposes of establishing jurisdiction to modify the support order.”
Gulian v. Gulian, 790 A.2d 1116 (Vt. 2001). “15 V.S.A. § 653. Before calculating child support, the court must first determine the parties' respective *1123 gross incomes.”
Mabee v. Mabee, 617 A.2d 162 (Vt. 1992). “We conclude that, in determining capital gain under 15 V.S.A. § 653 for the sale of assets divided pursuant to divorce, the basis for the property should be its value as of the date of the property division.”
McCormick v. McCormick, 621 A.2d 238 (Vt. 1993).
Cantin v. Young, 770 A.2d 449 (Vt. 2000).
— Vt. Stat. Ann. tit. 15, § 653(5)(A)(ii) — 4 cases
Clark v. Clark, 779 A.2d 42 (Vt. 2001). “See 15 V.S.A. § 653(4) & (9). He did, however, find that Justin's enrollment at Crotched Mountain was a real, substantial and unanticipated change of circumstances for purposes of establishing jurisdiction to modify the support order.”
Mitchinson v. Mitchinson, 788 A.2d 23 (Vt. 2001). “Available income is gross income less certain preexisting support obligations, child healthcare costs, and certain state and federal income tax adjustments, 15 V.S.A. §653(1), and .gross income includes “expense reimbursements or in-kind payments received by a parent in the…”
Kelly-Whitney v. Kelly-Whitney, 2011 VT 12 (Vt. 2011).
Catherine Hutchings v. Justin Bramhall (Vt. 2025).
— Vt. Stat. Ann. tit. 15, § 653(5)(A)(iii) — 8 cases
LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013). “See 15 V.S.A. § 653(5). However derived, the benefits are income to the child rather than to either parent.”
Clark v. Clark, 779 A.2d 42 (Vt. 2001). “See 15 V.S.A. § 653(4) & (9). He did, however, find that Justin's enrollment at Crotched Mountain was a real, substantial and unanticipated change of circumstances for purposes of establishing jurisdiction to modify the support order.”
Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007). “See 15 V.S.A. § 653(5)(A)(iii) (including parent's potential income as "gross income" for purposes of child support if parent is voluntarily unemployed, subject to conditions).”
Tetreault v. Coon, 708 A.2d 571 (Vt. 1998). “Father also asserted that mother was “voluntarily unemployed” and income should be imputed to her pursuant to 15 V.S.A. § 653(5)(A)(iii). After several hearings on the motion, the family court magistrate issued a decision on February 1, 1994.”
State v. Lucas Dwight, 194 A.3d 1163 (Vt. 2018).
— Vt. Stat. Ann. tit. 15, § 653(5)(A)(iii)(I) — 1 case
Off. of Child Support Ex Rel. Stanzione v. Stanzione, 2006 VT 98 (Vt. 2006).
— Vt. Stat. Ann. tit. 15, § 653(5)(A)(iii)(III) — 1 case
Off. of Child Support Ex Rel. Stanzione v. Stanzione, 2006 VT 98 (Vt. 2006).
— Vt. Stat. Ann. tit. 15, § 653(5)(A)(iv) — 1 case
Mitchinson v. Mitchinson, 788 A.2d 23 (Vt. 2001). “Available income is gross income less certain preexisting support obligations, child healthcare costs, and certain state and federal income tax adjustments, 15 V.S.A. §653(1), and .gross income includes “expense reimbursements or in-kind payments received by a parent in the…”
— Vt. Stat. Ann. tit. 15, § 653(5)(B) — 1 case
Hunt v. Hunt, 648 A.2d 843 (Vt. 1994). “In determining defendant's support obligation, the hearing officer calculated a monthly gross income of $480 in accordance with the relevant guidelines of 15 V.S.A. § 653(5): "Gross income" means actual gross income of a parent.”
— Vt. Stat. Ann. tit. 15, § 653(5)(D) — 1 case
Tracey v. Gaboriault, 691 A.2d 1056 (Vt. 1997).
— Vt. Stat. Ann. tit. 15, § 653(5)(E)(i) — 1 case
Ainsworth v. Ainsworth, 574 A.2d 772 (Vt. 1990). “See 15 V.S.A. § 653(1) ("Basic support obligation" defined as guideline amount unless court finds that amount inequitable and establishes a different amount).”
— Vt. Stat. Ann. tit. 15, § 653(7) — 3 cases
Hunt v. Hunt, 648 A.2d 843 (Vt. 1994). “In determining defendant's support obligation, the hearing officer calculated a monthly gross income of $480 in accordance with the relevant guidelines of 15 V.S.A. § 653(5): "Gross income" means actual gross income of a parent.”
Debbie A. (Shattuck) Leitgeb v. Robert Leitgeb, 2016 VT 97 (Vt. 2016).
Stocker v. Stocker, 586 A.2d 548 (Vt. 1990).
— Vt. Stat. Ann. tit. 15, § 653(9) — 2 cases
Harris v. Harris, 714 A.2d 626 (Vt. 1998). “See 15 V.S.A. § 653(1). The child support guidelines indicate the amount that parents living together with such a combined available income ordinarily spend on their children.”
LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013). “See 15 V.S.A. § 653(5). However derived, the benefits are income to the child rather than to either parent.”
— Vt. Stat. Ann. tit. 15, § 653(l)(D)(ii) — 2 cases
Adamson v. Dodge, 816 A.2d 455 (Vt. 2002). “We remand this issue to the trial court to determine mother and father’s available income using 15 V.S.A. § 653, and to make a finding on whether their combined available income falls within the Child Support Guidelines.”
Merch. v. Merch., 2015 VT 72 (Vt. 2015).
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