(a) Except in situations where there is shared or split physical custody, the total child
support obligation shall be divided between the parents in proportion to their respective
available incomes and the noncustodial parent shall be ordered to pay, in money, his
or her share of the total support obligation to the custodial parent. The custodial
parent shall be presumed to spend his or her share directly on the child.
(b) If the noncustodial parent’s available income is less than the lowest income figure
in the support guideline adopted under section 654 of this title or is less than the self-support reserve, the court shall use its discretion to determine
support using the factors in section 659 of this title and shall require payment of a nominal support amount.
(c) If the noncustodial parent’s available income is greater than the self-support reserve
but payment of a child support order based on application of the guideline would reduce
the noncustodial parent’s income below the self-support reserve, the noncustodial
parent’s share of the total support obligation shall be presumed to be the difference
between the self-support reserve and his or her available income. If the noncustodial
parent owes arrears to the custodial parent, the court shall not order the payment
of arrears in an amount that, by itself or in combination with the noncustodial parent’s
share of the total support obligation, would reduce the noncustodial parent’s income
below the self-support reserve, unless the custodial parent can show good cause why
the payment of arrears should be ordered despite the fact that such an order would
drop the noncustodial parent’s income below the self-support reserve. Such arrears
shall remain the responsibility of the noncustodial parent and be subject to repayment
at a time when the noncustodial parent’s income is above the self-support reserve.
(d) The court may use its discretion in determining child support in circumstances where
combined available income exceeds the uppermost levels of the support guideline adopted
under section 654 of this title. (Added 1985, No. 180 (Adj. Sess.), § 4, eff. April 1, 1987; amended 1987, No. 54, § 5, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 18; 2003, No. 159 (Adj. Sess.), § 1.)
Harris v. Harris, 714 A.2d 626 (Vt. 1998). · cites it 15דFather next argues that, even if the magistrate has the discretion to fashion a child support order without extrapolating from the guidelines, she abused that discretion by (a) ordering child support that exceeds the needs of the children, (b) failing to divide the child support…”
Hunt v. Hunt, 648 A.2d 843 (Vt. 1994). · cites it 4דSee 15 V.S.A. § 656(b). Therefore, if the hearing officer erred in not exercising discretion to exclude the income described in § 653(5)(C), the error is harmless.”
LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013). · cites it 2ד” 15 V.S.A. § 656(a). The custodial parent is presumed to spend his or her share of the total support obligation directly on the child.”
Ainsworth v. Ainsworth, 574 A.2d 772 (Vt. 1990). · cites it 2ד§ 296, such a duty should not dilute his duty to pay child support to his natural children under 15 V.S.A. § 656(a). As I have emphasized, the guideline figure is based on the parties' gross incomes.”
Hannah P. Sachs v. Downs Rachlin Martin PLLC & Caryn Waxman, Esq., 179 A.3d 182 (Vt. 2017). “Thus, as a direct result of defendant's negligent advice to delay filing, plaintiff did not receive fifteen months of child support, from July 2011 to October 2012, nor could she retroactively recover the child support.”
Klein v. Klein, 555 A.2d 382 (Vt. 1988). “See 15 V.S.A. § 656(a). We see no reason to deviate from this rule in this case.”
Debbie A. (Shattuck) Leitgeb v. Robert Leitgeb, 2016 VT 97 (Vt. 2016). · cites it 6ד15 V.S.A. § 656(b). However, with respect to arrearages, as opposed to ongoing support, the statute provides: If the noncustodial parent owes arrears to the custodial parent, the court shall not order the payment of arrears in an amount that, by itself or in combination with the…”
Adamson v. Dodge, 816 A.2d 455 (Vt. 2002). “15 V.S.A § 656(d). This discretion is not boundless, however.”
Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007). · cites it 2ד§ 650, which "declares as public policy that parents have the responsibility to provide child support and that child support orders should reflect the true costs of raising children and approximate insofar as possible the standard of living the child would have enjoyed had the…”
Smith v. Stewart, 684 A.2d 265 (Vt. 1996). · cites it 2ד” 15 V.S.A. § 656(d). Before addressing defendant’s specific argument, it is important to understand how the family court approached this case.”
Nevitt v. Nevitt, 584 A.2d 1134 (Vt. 1990). “§§ 657(a) and 659(a); however, we have no indication that the trial court used either of these bases since it offered no explanation for its act.”
Viskup v. Viskup, 522 A.2d 400 (Vt. 1988). “15 V.S.A. § 656(b). Thus, it is clear that the Legislature in enacting the new child support laws intended to require at least a nominal child support award in all cases.”
Harris v. Harris, 714 A.2d 626 (Vt. 1998). “Father next argues that, even if the magistrate has the discretion to fashion a child support order without extrapolating from the guidelines, she abused that discretion by (a) ordering child support that exceeds the needs of the children, (b) failing to divide the child support…”
LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013). “” 15 V.S.A. § 656(a). The custodial parent is presumed to spend his or her share of the total support obligation directly on the child.”
Ainsworth v. Ainsworth, 574 A.2d 772 (Vt. 1990). “§ 296, such a duty should not dilute his duty to pay child support to his natural children under 15 V.S.A. § 656(a). As I have emphasized, the guideline figure is based on the parties' gross incomes.”
Klein v. Klein, 555 A.2d 382 (Vt. 1988). “See 15 V.S.A. § 656(a). We see no reason to deviate from this rule in this case.”
Nevitt v. Nevitt, 584 A.2d 1134 (Vt. 1990). “§§ 657(a) and 659(a); however, we have no indication that the trial court used either of these bases since it offered no explanation for its act.”
— Vt. Stat. Ann. tit. 15, § 656(b) — 8 cases
Hunt v. Hunt, 648 A.2d 843 (Vt. 1994). “See 15 V.S.A. § 656(b). Therefore, if the hearing officer erred in not exercising discretion to exclude the income described in § 653(5)(C), the error is harmless.”
Hannah P. Sachs v. Downs Rachlin Martin PLLC & Caryn Waxman, Esq., 179 A.3d 182 (Vt. 2017). “Thus, as a direct result of defendant's negligent advice to delay filing, plaintiff did not receive fifteen months of child support, from July 2011 to October 2012, nor could she retroactively recover the child support.”
Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007). “§ 650, which "declares as public policy that parents have the responsibility to provide child support and that child support orders should reflect the true costs of raising children and approximate insofar as possible the standard of living the child would have enjoyed had the…”
Viskup v. Viskup, 522 A.2d 400 (Vt. 1988). “15 V.S.A. § 656(b). Thus, it is clear that the Legislature in enacting the new child support laws intended to require at least a nominal child support award in all cases.”
Debbie A. (Shattuck) Leitgeb v. Robert Leitgeb, 2016 VT 97 (Vt. 2016). “15 V.S.A. § 656(b). However, with respect to arrearages, as opposed to ongoing support, the statute provides: If the noncustodial parent owes arrears to the custodial parent, the court shall not order the payment of arrears in an amount that, by itself or in combination with the…”
— Vt. Stat. Ann. tit. 15, § 656(c) — 1 case
Debbie A. (Shattuck) Leitgeb v. Robert Leitgeb, 2016 VT 97 (Vt. 2016). “15 V.S.A. § 656(b). However, with respect to arrearages, as opposed to ongoing support, the statute provides: If the noncustodial parent owes arrears to the custodial parent, the court shall not order the payment of arrears in an amount that, by itself or in combination with the…”
— Vt. Stat. Ann. tit. 15, § 656(d) — 7 cases
Harris v. Harris, 714 A.2d 626 (Vt. 1998). “Father next argues that, even if the magistrate has the discretion to fashion a child support order without extrapolating from the guidelines, she abused that discretion by (a) ordering child support that exceeds the needs of the children, (b) failing to divide the child support…”
Adamson v. Dodge, 816 A.2d 455 (Vt. 2002). “15 V.S.A § 656(d). This discretion is not boundless, however.”
Smith v. Stewart, 684 A.2d 265 (Vt. 1996). “” 15 V.S.A. § 656(d). Before addressing defendant’s specific argument, it is important to understand how the family court approached this case.”
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