In the News:

CSLN Quarterly Newsletters

Teamwork Makes the Dream Work

9th Annual CSLN Partnership Award Ceremony Celebrates Honored Guests

Interstate Case Fully Satisfied through Life Insurance Reporting!

2017 CSLN Partnership Awards and the CSLN John F. Murphy Memorial Award


Register

Log-In

View Statistical Map



spacing spacing spacing spacing spacing spacing spacing spacing spacing

Vermont Laws

Vermont Family Law Title 15 § 799

(a) As used in this section, "trustee" means any person, institution, or entity, holding any money, personal property or real property which belongs to or is owed to the obligor, including judgments, settlements, lottery winnings, funds held in financial institutions, and any voluntary contributions to public and private retirement funds.

(b) Upon noncompliance with a child support order in excess of one-quarter of the annual support obligation, the office of child support may seek to attach assets owned by an obligor and held by a trustee. Prior to attaching assets held by a trustee, the office of child support shall notify the obligor of the delinquency and of the office's intent to take administrative enforcement action for liens and trustee process and shall provide the obligor with an opportunity to contest the claimed delinquency and enforcement action pursuant to 33 V.S.A. § 4108. If the obligor fails to contest the claimed delinquency within 20 days after notification, or upon final determination of a delinquency after hearing, the office of child support may issue a summons to a trustee as provided in subsection (c) of this section.

(c) If no timely contest is made or upon a final determination of nonpayment of child support equal to or greater than one-quarter of the annual support obligation, the office of child support may issue one or more summons to the trustee. The sum of the amounts for which the goods, effects or credits of the obligor are attached on trustee process shall not exceed the amount determined to be delinquent under subsection (b) of this section. The office of child support shall serve on the trustee and the obligor a disclosure form and a notice of the exemptions under subsection (f) of this section. If at any time the office finds the outstanding arrearage has been satisfied in whole or in part, the office shall discharge any trustee process which is outstanding or reduce the amounts for which the goods, effects or credits of the obligor are attached so the sum of all such amounts does not exceed the amount that remains unsatisfied. The office shall promptly notify the trustee and obligor of the change.

(d) In the event the obligor or other aggrieved person contests the summons to the trustee pursuant to 33 V.S.A. § 4108 or appeals the proposed action to the family court within 20 days of the summons and is found not to be in arrears by more than one-quarter of the annual support obligation on the date the summons to the trustee was issued, the office, within two business days, shall discharge the trustee process and notify the trustee and the obligor. In addition, the office shall pay to the obligor or other aggrieved person the sum of $500.00.

(e) Upon receipt of a summons, the trustee shall secure and hold the assets in its possession up to the amount specified in the summons, and shall serve a disclosure under oath on the office of child support and the obligor. If no timely contest is made or upon a final determination of any contest sustaining the trustee process, the trustee shall tender to the office of child support the assets of the obligor in its possession up to the amount specified in the summons. If the trustee fails to disclose or fails or refuses to tender the property as directed, the office of child support may file an action with the family court to determine the trustee's liability. A trustee shall not be liable to the obligor for complying with this section.

(f) The exemptions from attachments and executions in 12 V.S.A. § 2740 shall apply to the trustee process provided for in this section except as follows:

(1) the exemption in 12 V.S.A § 2740(15) shall not exceed $400.00;
(2) the exemption in 12V.S.A. § 2740(16) shall not exceed $5,000.00; and
(3) the exemption in 12 V.S.A. § 2740(18) shall not apply.

(g) Upon notifying a trustee to attach voluntary retirement funds, the office shall give the obligor an opportunity to have the attachment removed by making alternate payment arrangements satisfactory to the office within 30 days of issuance of the summons.---Added 1997, No. 63 § 17a, eff. Sept. 1, 1997.

Vermont Statutes Annotated Title 12 § 2740

§ 2740. Goods and chattels; exemptions from
The goods or chattels of a debtor may be taken and sold on execution, except the following articles, which shall be exempt from attachment and execution, unless turned out to the officer to be taken on the attachment or execution, by the debtor:

(1) the debtor's interest, not to exceed $2,500.00 in aggregate value, in a motor vehicle or motor vehicles;

(2) the debtor's interest, not to exceed $5,000.00 in aggregate value, in professional trade books or tools of the profession or trade of the debtor or a dependent of the debtor;

(3) a wedding ring;

(4) the debtor's interest, not to exceed $500.00 in aggregate value, in other jewelry held primarily for the personal, family or household use of the debtor or a dependent of the debtor;

(5) the debtor's interest, not to exceed $2,500.00 in aggregate value, in household furnishings, goods or appliances, books, wearing apparel, animals, crops or musical instruments that are held primarily for the personal, family or household use of the debtor or a dependent of the debtor;

(6) growing crops, not to exceed $5,000.00 in aggregate value;

(7) the debtor's aggregate interest in any property, not to exceed $400.00 in value, plus up to $7,000.00 of any unused amount of the exemptions provided under subdivisions (1), (2), (4), (5) and (6) of this sections.

(8) one cooking stove, appliances needed for heating, one refrigerator, one freezer, one water heater, sewing machines;

(9) ten cords of firewood, five tons of coal or 500 gallons of oil;

(10) 500 gallons of bottled gas;

(11) one cow, two goats, 10 sheep, 10 chickens, and feed sufficient to keep the cow, goats, sheep or chickens through one winter;

(12) three swarms of bees and their hives with their produce in honey;

(13) one yoke of oxen or steers or two horses kept and used for team work;

(14) two harnesses, two halters, two chains, one plow, and one ox yoke;

(15) the debtor's interest, not to exceed $400.00 in value in bank deposits or deposit accounts of the debtor;

(16) the debtor's interest in self-directed retirement accounts of the debtor, including all pensions, all proceeds of and payments under annuity policies or plans, all individual retirement accounts, all Keough plans, all simplified employee pension plans, and all other plans qualified under sections 401, 403, 408, 408A or 457 of the Internal Revenue Code. However, an individual retirement account, Keough plan, simplified employee pension plan or other qualified plan, except a Roth IRA, is only exempt to the extent that contributions thereto were deductible from federal income taxation at the time of contribution, plus interest, dividends or other earnings that have accrued on those contributions, plus any growth in value of the assets held in the plan or account and acquired with those contributions. A Roth IRA is exempt to the extent that contributions thereto did not exceed the contribution limits set forth in sections 408A of the Internal Revenue Code, plus interest, dividends or other earnings on the Roth IRA from such contributions, plus any growth in value of the assets held in the Roth IRA acquired with those contributions. No contribution to a self-directed plan or account shall be exempt if made less than one calendar year from the date of filing for bankruptcy, whether voluntarily or involuntarily. Exemptions under this subdivision shall not exceed $5,000.00 for the purpose of attachment of assets by the office of child support pursuant to 15 V.S.A. § 799;

(17) Professionally prescribed health aids for the debtor or a dependent of the debtor;

(18) Property traceable to or the debtor's right to receive, to the extent reasonably necessary for the support of the debtor and any dependents of the debtor;

(A) Social Security benefits;
(B) Veteran's benefits;
(C) Disability or illness benefits;
(D) Alimony, support or separate maintenance;
(E) Compensation awarded under a crime victim's reparation law;
(F) Compensation for personal bodily injury, pain and suffering or actual pecuniary loss of the debtor or an individual on whom the debtor is dependent;
(G) Compensation for the wrongful death of an individual on whom the debtor was dependent;
(H) Payment under a life insurance contract that insured the life of an individual on whom the debtor was dependent on the date of that individual's death;
(I) Compensation for loss of future earnings of the debtor or an individual on whom the debtor was or is dependent;
(J) Payments under a pension, annuity, profit sharing, stock bonus, or similar plan or contract on account of death, disability, illness, or retirement from or termination of employment.

Title 33 § 4108. Grievance procedure

(a) The office of child support shall adopt rules in accordance with the procedures set forth in chapter 25 of Title 3, the Administrative Procedure Act, to establish and implement a grievance procedure to contest decisions of the office of child support.

(b) The office of child support shall make widely available to the public information about its grievance procedure, including grievance forms, pamphlets explaining the procedure, and explanations of grievance rights.

(c) Upon issuing a wage withholding order, the office of child support shall notify the obligor pursuant to section 788 of Title 15 of the amount of the past due child support, the consequences of failing to meet a court ordered child support obligation, and the procedure for contesting the office's action under this section.

(d) All final decisions of the office of child support are appealable de novo to the family court magistrate.

(e) If the obligor contests the withholding within 20 days of the notice and is found not to be in arrears by more than one-twelfth of the annual support obligation on the date the notice is issued, the office, within two business days, shall notify the employer to cease withholding. In addition, the office shall pay to the obligor three times the amount erroneously withheld. ---Added 1993, No. 105, § 10; amended 1997, No. 63, § 27, eff. Sept. 1, 1997.

 

©1998-2017 Hosted by the State of Rhode Island. Website design by Stellarware.