(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. (Added 1985, No. 180 (Adj. Sess.), § 5, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 20.)
Notes of Decisions
Cited in 7
cases, 1988–2013 · leading case: LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013).
LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013). · cites it 4ד15 V.S.A. § 657(a) (total support obligation that forms basis for calculation of child support obligation is increased by fifty percent “to reflect the additional costs of maintaining two households”).”
Gulian v. Gulian, 790 A.2d 1116 (Vt. 2001). · cites it 2דThe child support statute and guidelines require that parents contribute to the care and support of their children "in proportion to their respective available incomes and in proportion to the amount of time each parent exercises physical custody.”
Nevitt v. Nevitt, 584 A.2d 1134 (Vt. 1990). “Upon review of the court’s findings and conclusions, we can find no statement of reasons for ordering Stephen to pay child support to Lisa while he had physical custody of Laura.”
McCormick v. McCormick, 553 A.2d 1098 (Vt. 1988). “…scheme also has a provision on allocating support obligations in joint custody situations that may apply here. See 15 V.S.A. § 657(a).”
Smith v. Stewart, 684 A.2d 265 (Vt. 1996). “15 V.S.A. § 657(a) & (b). These adjustments usually mean that the noncustodial parent will pay less child support than if there were no adjustments.”
McCormick v. McCormick, 621 A.2d 238 (Vt. 1993). “15 V.S.A. § 657(a); see Nevitt v. Nevitt, 155 Vt.”
Leas v. Leas, 737 A.2d 889 (Vt. 1999). “In the same act, the Legislature defined the term “custodial parent,” specifically for the purposes of eligibility for a maintenance supplement: “The parent having custody for the greater period of time shall be considered the custodial parent for the purposes of section 661 of…”
— Vt. Stat. Ann. tit. 15, § 657(a) — 7 cases
LaMothe v. LeBlanc, 2013 VT 21 (Vt. 2013). “15 V.S.A. § 657(a) (total support obligation that forms basis for calculation of child support obligation is increased by fifty percent “to reflect the additional costs of maintaining two households”).”
Gulian v. Gulian, 790 A.2d 1116 (Vt. 2001). “The child support statute and guidelines require that parents contribute to the care and support of their children "in proportion to their respective available incomes and in proportion to the amount of time each parent exercises physical custody.”
Nevitt v. Nevitt, 584 A.2d 1134 (Vt. 1990). “Upon review of the court’s findings and conclusions, we can find no statement of reasons for ordering Stephen to pay child support to Lisa while he had physical custody of Laura.”
McCormick v. McCormick, 553 A.2d 1098 (Vt. 1988). “…scheme also has a provision on allocating support obligations in joint custody situations that may apply here. See 15 V.S.A. § 657(a).”
Smith v. Stewart, 684 A.2d 265 (Vt. 1996). “15 V.S.A. § 657(a) & (b). These adjustments usually mean that the noncustodial parent will pay less child support than if there were no adjustments.”
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