Vermont Statutes Annotated

Vt. Stat. Ann. tit. 33, § 3902 (2026)

Assignment of support rights by public assistance recipients; proceedings to establish support obligation

✓ current as of May 2026

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(Cite as: 33 V.S.A. § 3902)

§ 3902. Assignment of support rights by public assistance recipients; proceedings to establish support obligation

(a) As a condition of eligibility for public assistance, each applicant or recipient shall assign to the Department any right to support from a responsible parent that has accrued at the time of the assignment and that the applicant may have in the applicant’s own behalf or on behalf of any other family member for whom the applicant is applying or receiving assistance.

(b) An assignment in effect under this section shall be subject to the provisions of section 4106 of this title.

(c) Whenever a support obligation is in effect against a responsible parent for the benefit of a dependent child or a custodial parent, payments required under the support obligation shall be sent to the Office of Child Support upon notice to the responsible parent, without further order of the court. When an assignment is in effect pursuant to subsection (a) of this section, any amounts accrued under the support obligation as of the date of assignment, and any amount accruing while the assignment is in effect, shall be owing to and payable to the Department for Children and Families without further order of the court.

(d) An order of the court shall be effective on behalf of the assignee while any assignment is in effect, and on behalf of the dependent child and the custodial parent at all other times. The Office of Child Support shall, unless otherwise requested by the parent, act as agent for the parent and child to collect any amounts due from the responsible parent pursuant to the order after the assignment terminates and may, if required by the Social Security Act, deduct any costs incurred in collection.

(e) If a support order has been entered and the legal custodian and obligee relinquishes physical responsibility of the child to a caretaker without modifying the physical rights and responsibilities order, the Office of Child Support may change the payee of support upon the caretaker’s receipt of Reach Up family assistance from the Department for Children and Families. The obligor’s obligation under the support order to pay child support and medical support continues but shall be payable to the Office of Child Support upon the caretaker’s receipt of Reach Up family assistance and shall continue so long as the assignment is in effect. The Office of Child Support shall notify the obligor and obligee under the support order, by first-class mail at last known address, of the change of payee. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63 § 17; 1989, No. 221 (Adj. Sess.), § 17, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 159 (Adj. Sess.), § 10; 2005, No. 174 (Adj. Sess.), § 115; 2007, No. 185 (Adj. Sess.), § 8, eff. Jan. 1, 2009; 2021, No. 20, § 327.)

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1998–2022 · leading case: Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007).

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Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007). · cites it 10× “no amounts shall accrue or be collected under the support order while the welfare assistance is being received." We therefore affirm.”

Powers v. Off. of Child Support, 795 A.2d 1259 (Vt. 2002). “§ 602 (a)(26) (amended 1996); 33 V.S.A § 3902. Here, Powers only received state assistance for a brief period between 1978 and 1981, during which time, pursuant to the conditions of eligibility, she assigned her right to receive child support payments to DSW.”

Noble v. Off. of Child Support, 721 A.2d 121 (Vt. 1998). · cites it 2× “See 33 V.S.A. § 3902; 42 U.S.C. § 602 (a). The agreement provided that any unpaid support collected by DSW would first be used to reimburse DSW before any excess was paid to her.”

Desrochers v. Desrochers, 795 A.2d 1171 (Vt. 2002). · cites it 2× “OCS argues that the terms of the assignment agreement signed by mother, as well as 33 V.S.A. § 3902 and 45 C.F.R. § 302.51 , allow OCS to continue to collect the arrears until they have been reimbursed in full for the benefits paid to her.”

Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007). · cites it 10× “33 V.S.A. § 3902(e). We agree with the family court that, under the plain language of § 3902(e), “[w]hen a responsible parent is receiving welfare assistance .”

Off. of Child Support Ex Rel. Stanzione v. Stanzione, 2006 VT 98 (Vt. 2006). · cites it 2× “Along with producing little benefit, upholding the decision below would improperly convert § 798 into a punitive measure, as Beede cannot pay his outstanding arrearage of $29,269.”

Lambert Ex Rel. Est. of Lambert v. Beede, 2003 VT 75 (Vt. 2003). “If Beede should ever receive an inheritance, or should he win the lottery, 33 V.S.A. §§ 3902(e) and 3903 will ensure that these funds go towards settling his arrearage.”

OCS/Chelsey Dionne v. Carlton Anthony, 2022 VT 50 (Vt. 2022). “See 33 V.S.A. § 3902(a). This requirement is also reiterated in the administrative rules, which provide in relevant part: Participating parents who receive assistance through a Solely State Funded Program (see rule 2390) shall assign all child support rights to the DCF.”

— Vt. Stat. Ann. tit. 33, § 3902(a) — 1 case

— Vt. Stat. Ann. tit. 33, § 3902(e) — 4 cases

Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007). “no amounts shall accrue or be collected under the support order while the welfare assistance is being received." We therefore affirm.”

Cardiff v. Ellinwood, 2007 VT 88 (Vt. 2007). “33 V.S.A. § 3902(e). We agree with the family court that, under the plain language of § 3902(e), “[w]hen a responsible parent is receiving welfare assistance .”

Off. of Child Support Ex Rel. Stanzione v. Stanzione, 2006 VT 98 (Vt. 2006). “Along with producing little benefit, upholding the decision below would improperly convert § 798 into a punitive measure, as Beede cannot pay his outstanding arrearage of $29,269.”

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