Fill and Sign the Interim Temporary Final Default Form

400-00802 Child Support Order (03/201 7) Page 1 of 8 STATE OF VERMONT SUPERIOR COURT DIVISION Unit Docket No. Plaintiff Name DOB V. Defendant Name DOB ☐ INTERIM ☐ TEMPORARY ☐ FINAL ☐ DEFAULT CHILD SUPPORT ORDER ☐ Establishment ☐ Modification ☐ E nforcement ☐ Contempt OBLIGOR (Person Who Pays Support) OBLIGOR'S EMPLOYER or Source of Funds Name (First, Last) Name Mailing Address Mailing Address City State Zip Code City State Zip Code Phone Number Phone Number Social Security Number Email Address OBLIGEE (Person Who Receives Support) OBLIGEE'S EMPLOYER or Source of Funds Name (First, Last) Name Mailing Address Mailing Address City State Zip Code City State Zip Code Phone Number Phone Number Social Security Number Email Address CHILDREN WHO ARE SUBJECT OF THIS ORDER First Name Last Name Date of Birth Grade Social Security Number 400-00802 Child Support Order (03/201 7) Page 2 of 8 I.I.CURRENT CHILD SUPPORT ☐ This is the result of a child support worksheet which is attached and incorporated as findings in this order and includes information on other child support related costs, such as child care, extraordinary medical and/or educational expenses. A. Child Support: Obligor shall pay child support as follows: Beginning ___________________ $_________________ Per _________________ B. Child Support Maintenance Supplement: Obligor shall pay maintenanc e supplement as follows: Beginning ___________________ $_________________ Per _________________ C. Spousal Maintenance: Obligor shall pay spousal maintenance as follows: Beginning ___________________ $_________________ Per _________________ II.MEDICAL SUPPORT ☐ This is the result of a medical support worksheet which is attach ed and incorporated as findings in this order. ☐ Neither party has private health insurance available to them. ☐ Medical support is addressed in the Child Support Order filed _______________, and has not been modified by this order. A. The parties are ordered to pay medical support as follows: ☐ Child(ren) are presently covered by state or federally provided health insu rance in ☐ Mother’s ☐ Father’s household. This health insuran ce coverage shall be maintained for the child(ren) for so long as the child(ren) remain eligible for current coverage. ☐ The ☐ Obligor ☐ Obligee is ORDERED to provide and maintain private health insurance for the minor child(ren) as long as the cost of health insurance is deemed reasonabl e. ☐ Private health insurance is currently unavailable to either party. The obligor shall pay a cash contribution toward the cost of health coverage as follows: Beginning ___________________ $_________________ Per _________________ ☐ Private health insurance is currently unavailable to either parent at a reasonable cost. If private health insurance becomes available to with parent at a reasonable cost, th at parent shall be responsible for providing and maintaining health insurance for the mi nor child(ren). Either parent may request a hearing to determine whether the cost of health insurance is reasonable. B. Current Medical Support Coverage Health insurance: Policy or Certificate Number: _____________________________________ Name of Subscriber: ________________________________________________ Relationship to Child(ren): _______________________________________ Plan Name: ____________________________________________________ Plan Address: ___________________________________________________ Subscriber ID Number: ___________________________________________ C. Child(ren)'s Out of Pocket Medical Expenses Medical or other health expenses that are unreimbursed by insurance (includin g but not limited to expenses for eye, dental, mental health, health plan deductible) shall be sh ared as follows: ☐ 1) Obligee is solely responsible for the first $200 annually of the children's out of pocket health expenses. 2) The parties shall share unreimbursed expenses as follows: Obligor __________% Obligee __________ % 3) Additional Provisions: __________________________________________________________ OFFICE OF CHILD SUPPORT, PO BOX 1310, WILLISTON, VT 05495. 400 -00802 Child Support Order (03/201 7) Page 3 of 8 III. ARREARS ON PAST DUE CHILD SUPPORT/REPAYMENT PROV ISIONS A. Arrears Owed to the Obligee Obligor shall pay the Obligee as follows: Beginning ______________ $ _____________ Per ____________ on a Judgment amount of $ ___________________ as of ______________ The judgment consists of the following past due amounts: Past Due Support: $ ____________________________ Surcharge : $ __________________________________ Service fees: $ _________________________________ Civil Penalty: $ _________________________________ Attorney Fees: $ ________________________________ Medical Expenses: $ _____________________________ Cash Contribution towards Medical: $ _______________ Other: _________________________________________ Amount of Other: $ ______________________________ B. Arrears Owed to Office of Child Support Obligor shall pay the Office of Child support as follows: Beginning ______________ $ _____________ Per ____________ on a Judgment amount of $ ___________________ as of ______________ The judgment consists of the following past due amounts: Child Support: $ ________________________________ Service fees: $ _________________________________ Civil Penalty: $ _________________________________ Cash Contribution toward Medical: $ _______________ Other: ________________________________________ Amount of Other: $ C. Arrears Owed to Another Person or Agency Obligor shall pay to as follows: Beginning ______________ $ _____________ Per ____________ on a Judgment amount of $ ___________________ as of ______________ The judgment consists of the following past due amounts: Past due Support: $ ______________________________ Other: ________________________________________ Amount of Other: $ ______________________________ D. Surcharge or Interest Surcharge or interest accrues on the unpaid balance of support at the rate of .5% per month or 6% per year from 1/1/12 forward until the support arrears are paid in full - eve n if the Obligor is making monthly arrears payments in conformity with this order. 15 V.S.A. § 606. Surcharge prior to 1/1/12 accrued at the rate of 1% per month. E. Arrears owed to the Obligee shall be paid first unless the Obligee is a rec ipient of federal public assistance benefits. F. Addition al Arrears Provision: ___________________________ IV. METHOD OF PAYMENT A. WAGE WITHHOLDING ORDER Any employer of the Obligor shall deduct the following sum from the Obligor's wages: Beginning ___________________ $_________________ Per _________________ This deducted amount shall be paid directly to: 400-00802 Child Support Order (03/201 7) Page 4 of 8 (NOTE: This provision of this order is subject to the limits on withholding contained in 15 U.S.C. § 1673(b) and § 303(b) of the Consumer Credit Protection Act.) At any time if the child support obligation is not being paid through wage withholding, the responsible parent shall send the payments to the ☐ Office of Child Support or ☐ Obligee. (NOTE: Any direct payments made by the Obligor to the Obligee will not be reflected in OCS records unless OCS received written notification of the direct payment.) B. DIRECT PAYMENT Based Upon ☐ Stipulation of the parties ☐ Evidence presented at hearing. ☐ Obligor shall make payments directly to the Office of Child Suppor t as follows: Beginning ___________________ $_________________ Per _________________ This amount shall be paid directly to: OFFICE OF CHILD SUPPORT, PO BOX 1310, WILLISTON, VT 05495. ☐ Obligor shall make payments directly to the Obligee as follows: Beginning ___________________ $_________________ Per _________________ (NOTE: If the court finds, after a hearing on a petition, that any support payment has been late by 7 days or more, the court may issue a wage withholding order, pursuant to 15 V.S.A. § 782.) C. CHANGE OF ADDRESS Each party shall notify the Office of Child Support, Support Registry, 280 State Drive, Waterbury, VT 05671-1 060 within 7 days of a change in address, employment or health insurance carrier. The notification requirement applies until all obligations to pay support arrearages or orders to provide for visitation are satisfied. You may contact OCS via email at: OCSCSU@vermont.gov or by calling 1 (800) 786-3214. V. TYPE OF HEARING, DEFAULT OR STIPULATION This order is entered: ☐ after default hearing (when one or more parties fail to appear) ☐ after hearing (when parties are/or their attorneys are present ☐ upon approval of the parties (stipulation filed) ☐ pursuant to 15 V.S.A. §660(d) Parties Present: ☐ Obligor ☐ Obligor's Attorney ☐ Obligee ☐ Obl igee’s Attorney ☐ OCS ☐ Other: ___________________________________________ ☐ Obligor was not present, but ☐ Received notice by personal service on: ____________________________ ☐ Received notice by certified mail restricted delivery on: ______________ ☐ Signed an acceptance of service on: _______________________________ ☐ Other: _______________________________________________________ ☐ Obligee was not present, but ☐ Received notice by personal service on: ____________________________ ☐ Received notice by certified mail restricted delivery on: ______________ ☐ Signed an acceptance of service on: _______________________________ ☐ Other: _______________________________________________________ 400-00802 Child Support Order (03/201 7) Page 5 of 8 FINDINGS AND BASIS OF ORDER VI. PARENTAGE Parentage has been established as follow s: ☐ The following child(ren) was/were born or adopted during the marriage: _______________________ ☐ A Parentage Order for the following child(ren): ____________________ was issued on _________ by ☐ the Vermont Superior Court ☐ Other: ___________________________________________ ☐ There is a legal presumption of parentage for the following child(ren):_________ __________________ Basis for the presumption: ☐ The alleged parent failed to submit without good cause to court ordered genetic testing. ☐ The alleged parents have voluntarily acknowledged parentage under the laws of this state or any other state, by filling out and signing a voluntary acknowledgement of parentage form and filing the completed and witnessed form with the department of health. ☐ The probability that the alleged parent is the biological parent exceeds 98 percent as established by a scientifically reliable genetic test. VII. PARENTAL RESPONSIBILITIES A. Physical responsibility for the child(ren) for the purpose of child support is: ☐ Primarily with: ☐ Obligee ☐ Obligor ☐ Split as follows: ☐ Child(ren) with Obligor: _ _______________________ ☐ Child(ren) with Obligee: ________________________________________ ☐ Shared as follows: __________% of time with Obligor; __________ % of time with Obligee. B. Physical Responsibility is based on: ☐ a stipulation of the parties dated __________________ ☐ an Order of the Court dated __________________ C. ☐ The following child(ren) is/are in the custody of others: ________________ _____________ D. Additional information: ________________________________________________________ _ VIll. ADDITIONAL FINDINGS AND ORDER ☐ A. A Relief from Abuse Order exists for these parties under Docket No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ☐ B. A party's address is omitted for confidentiality purposes after a court hearing and a finding of good cause. ☐ C. Other: __________________________________________________________________________ 400-00802 Child Support Order (03/201 7) Page 6 of 8 IX.DURATION OF CHILD SUPPORT A. This order shall remain in effect unless and until it is changed or discontinued by further order of the Court or by operation of law pursuant to the law of the issuin g state of Choose an item. B. If Vermont is the issuing state, an Obligor's support obligation will continue beyond a child's eighteenth birthday if the child is enrolled in, but has not completed high school , unless otherwise specified. C. If wage withholding is ordered and an arrearage exists when the support obligation terminates, the current monthly payment and any arrearage repayment amount shall not be reduc ed until the arrears due is satisfied. The above is stipulated to by the parties: Signature of Obligor Date Signature of Obligee Date Approved as to Form Signature of Obligor ’s Attorney Date Signature of Obligee’s Attorney Date Signature of OCS Representative Date It is so ORDERED Signature of Magistrate or Superior Court Judge Date Printed Name of Magistrate or Superior Court Judge Assistant Judge Date Assistant Judge Date ACCEPTANCE OF SERVICE I have received a copy of this order and I waive all other service. Obligor Date Obligee Date NOTICE OF RIGHT TO APPEAL An order signed by a Magistrate or Presiding Judge may be a ppealed by filing a Notice of Appeal with the Clerk of the Family Division within 30 days of the filing of this order. 400-00802 Child Support Order (03/201 7) Page 7 of 8 Additional Conditions of Order & Important Notices A. THIS IS A COURT ORDER All parties are expected to comply with all terms of this order. The address provided to the court shall remai n the same for service of future actions and/or orders unless a parent notifies the court of a change. B. A PARTY HAS THE RIGHT TO SEEK MODIFICATION OF THE ORDER BY FILING AN ACTION IN COURT A parent or any other person to whom support has been granted, or any person charged with support, may fil e a motion for modification of a child support order under 15 V.S.A. § 660. A modification may be granted upon a real, substantial, and unanticipated change of circumstances, including loss of employment or a considerable reduction or increase in salary or wages. An obligor is responsible for any required payments set forth in an order unless the order is vacated or modified by a court. Thus, any subsequent agreement between the parties that differs from the order is n ot legally binding, and the obligor is still legally required to pay the amount ordered by the court. (15 V.S.A.§ 663 (e)). If an older sibling turns 18 and has completed secondary school, a parent must file a motion with the cou rt to modify child support if s/he wants to change the amount of support for any remaining minor children. C. A PARTY HAS THE RIGHT TO SEEK ENFORCEMENT OF THE ORDER BY FILING AN ACT ION IN COURT 1 A party may place liens on real or personal property. 2. A party may request the court to place assets in escrow, grant a civil penalty when noncompli ance of the support is willful, order wage withholding if the support amount is at least 7 days delinquent, find the Obligor in Contempt if there is willful noncompliance with this order, impose surcharge on past due child support, an d suspend any and all licenses owned by obligor including professional, hunting, fishing and/or driver's licenses. D. IN ADDITION TO THE REMEDIES LISTED ABOVE A party has the right to request assistance from the Vermont Office of Child Support in the effort to enforce this order. If the Office of Child Support is or becomes involved in this case (ba sed either on a current or future request for their services or otherwise), the Office may take the following steps when app ropriate: 1. Use any lawful collection remedies to collect any outstanding balance from the Obligor, regardles s of any repayment plan on any unpaid debts. 2. Certify all qualifying child support debts to the Vermont Tax Department and/or the Federal Treasury Offset Program for the purpose of intercepting tax refunds and/or other payments (i.e., vendor payments) or f or passport denial, etc. 3. Report an Obligor's account balance to consumer credit reporting agencies and/or request a copy of the report. 4. Administratively issue a wage withholding order for current support and/or arrearages in excess of 1/12 of the annual support obligation. 5. Freeze bank accounts and take the proceeds to satisfy past due support. 6. Administratively suspend any and all licenses owned by the Obligor. This may include, but is n ot limited to, professional, hunting, fishing, or motor vehicle driver's licenses. E ADDITIONAL MEDICAL SUPPORT PROVISIONS 1. If employed, a parent under a medical support order shall notify his/her employer of such obligation, in writing , within 10 days of the date of this order. 2. If self-employed or unemployed, a parent under a medical support order shall notify his/her health care insurer of such obligation in writing within 10 days of the date of this order. 3. A parent is liable for any unreimbursed health care costs of the child(ren) that result from that parent's failure to give notice/obtain insurance as ordered above, which accrues between the date of this order and the da te that the order is modified by the Court. 4. If a parent has health insurance through an entity other than his/her employer, that parent shall be responsible for maintaining that insurance and complying with any notice requirements under the policy in effect. Failure to do so will make the parent liable for paying any unreimbursed health care expenses that accrue between the date of this order and the date this order is modified by the Court. 5. If a parent pays a health expense of a child subject to this order and the other parent receiv es reimbursemen t from insurance for the expense, the reimbursement shall be sent to the parent who advanced payment, within 30 days of receipt. If the child(ren) also have Medicaid coverage, payment is to be sent to: Department of Vermont Health Aceess, 280 State Dr., Waterbury, VT 05671-1010 , within 30 days. 6. The parties shall provide each other with copies of bills for health expenses and documentation of insurance determination within 30 days of receipt. The parent who maintains insurance shall also provid e the other parent with a health insurance card, claim forms and a list of benefits and restrictions within 10 days of the date of thi s order. 400-00802 Child Support Order (03/201 7) Page 8 of 8 HEALTH INSURANCE AVAILABILITY & COST WORKSHEET 1. Private health insurance is available to: ☐ Obligee ☐ Obligor ☐ Neither Obligee Obligor Gross monthly income is $ $ 5% gross monthly income is $ $ Total monthly family health insurance cost to employee $ $ Total monthly two person cost to employee $ $ Total monthly single person coverage to employee $ $ 2. Private health insurance is deemed reasonable for: ☐ Obligee ☐ Obligor because: ☐ The cost of adding the child(ren) to an existing health insurance policy is 5% or less of a parent's gross income as calculated above for ☐ Obligee ☐ Obligor. ☐ The cost of obtaining coverage for the child(ren) is 5% or less of a parent's gross in come as calculated above for ☐ Obligee ☐ Obligor ☐ the above referenced cost of health insurance is 5% or more of ☐ Obligee's ☐ Obligor's gross income and the court has considered the factors of 15 V.S.A. § 659. Additional findings: _____________________________________________________________ _ _______________________________________________________________________________ 3. Although the cost of health insurance is 5% or less of a parent's gross inc ome, the ☐ Obligee ☐ Obligor is not ordered to provide health insurance for the following reasons: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________