Vermont Statutes Title 15 Sec. 662
Terms Used In Vermont Statutes Title 15 Sec. 662
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the court with jurisdiction over a child support proceeding. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gross income: means actual gross income of a parent. See
- Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
- Support: means periodic payments ordered for the support of dependent children or, for the purposes of sections 783-790 of this title only, a spouse. See
- Support order: means any judgment, order or contract for support enforceable in this state, including, but not limited to, orders issued pursuant to 15 Vt. See
§ 662. Income statements
(a) A party to a proceeding under this subchapter shall file an affidavit of income and assets which shall be in a form prescribed by the court administrator. A party shall provide the affidavit of income and assets to the court and the opposing party on or before the date of the case management conference scheduled or, if no conference is scheduled, at least five business days before the date of the first scheduled hearing before the magistrate. Upon request of either party, or the court, the other party shall furnish information documenting the affidavit. The court may require a party who fails to comply with this section to pay an economic penalty to the other party.
(b) If a party fails to provide information as required under subsection (a) of this section, the court shall use the available evidence to estimate the noncomplying parent’s income. Failure to provide the information required under subsection (a) of this section may create a presumption that the noncomplying parent’s gross income is 150 percent of the most recently available annual average covered wage for all employment as calculated by the Department of Labor.
(c)(1) Upon a motion filed by either party or the Office of Child Support, the court may relieve a party from a final judgment or child support order upon a showing that the income used in a default child support order was inaccurate by at least 10 percent. A showing that the court used incorrect financial information shall be considered a mistake for the purposes of Rule 60 of the Vermont Rules of Civil Procedure.
(2) The motion in subdivision (1) of this subsection shall be filed within one year of the date the contested order was issued. (Added 1985, No. 180 (Adj. Sess.), § 10, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 24; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2011, No. 119 (Adj. Sess.), § 6.)