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Terms Used In Vermont Statutes Title 15 Sec. 668

  • Court: means the court with jurisdiction over a child support proceeding. See
  • Parental rights and responsibilities: means the rights and responsibilities related to a child's physical living arrangements, education, medical and dental care, religion, travel, and any other matter involving a child's welfare and upbringing. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Physical responsibility: means the rights and responsibilities to provide routine daily care and control of the child subject to the right of the other parent to have contact with the child. 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
  • Wage withholding order: means a transfer from the obligor to the obligee of the right to receive a portion of the obligor's wages directly from the obligor's employer. See
  • Wages: means any compensation paid or payable for personal services, whether designated as wages, salary, commission, bonuses, or otherwise, and shall include periodic payments under pension or retirement programs, workers' compensation, or insurance policies of any type. See

§ 668. Modification of order

(a) On motion of either parent or any other person to whom custody or parental rights and responsibilities have previously been granted, and upon a showing of real, substantial, and unanticipated change of circumstances, the court may annul, vary, or modify an order made under this subchapter if it is in the best interests of the child, whether or not the order is based upon a stipulation or agreement.

(b) Whenever a judgment for physical responsibility is modified, the court shall order a child support modification hearing to be set and notice to be given to the parties. Unless good cause is shown to the contrary, the court shall simultaneously issue a temporary order pending the modification hearing, if adjustments to those portions of any existing child support order or wage withholding order that pertain to any child affected by the modification are necessary to ensure that support and wages are paid in amounts proportional to the modified allocation of responsibility between the parties.

(c) A final order related to parental rights and responsibilities and parent-child contact issued pursuant to subdivision 665(f)(1) of this title shall not be subject to modification. A party may file a motion for modification of an order related to parental rights and responsibilities and parent-child contact issued pursuant to subdivision 665(f)(2) of this title only upon a showing of extraordinary, real, substantial, and unanticipated change of circumstances. (Added 1985, No. 181 (Adj. Sess.), § 6; amended 2011, No. 119 (Adj. Sess.), § 7; 2013, No. 197 (Adj. Sess.), § 2.)