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Terms Used In Vermont Statutes Title 15 Sec. 1802

  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See
  • Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See
  • governor: includes an individual performing the functions of governor or the executive authority of a state covered by this title. See
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See
  • Obligee: means :

  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
  • Support order: means a judgment, decree, order, decision, or directive whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See

§ 1802. Conditions of rendition

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require the prosecutor who has brought the criminal charge for the state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this title or that the proceeding would be of no avail.

(b) If, under this title or a law substantially similar to this title, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. (Added 2015, No. 16, § 2, eff. June 1, 2015.)