Vermont Modification of Orders

The Court can modify different types of Orders only after an Order is entered. If the Court has issued a Temporary Order in the areas of spousal support, child support, parental rights and responsibilities, possession of property or payments of debts, you may be able to modify the Court's order if real, substantial and unanticipated changes of circumstances occur after the Order was entered. If you feel that a real, substantial and unanticipated change in circumstances has occurred, you must then file a Motion with the Court, requesting a modification and explaining what you believe the changes in circumstance are. It should be noted that when moving to modify a Parental Rights and Responsibility Order, unless you can make a strong argument that a change or modification of the parenting plan is in the best interest of the children or unless both parents agree to the modification of the parenting plan, it is difficult to change the children's primary home from one parent to another.

For modification of a Child Support Order, a change is considered real and substantial if it would make the child support amount payable under the child support guidelines at least 10% higher or lower than the amount currently paid as per the current Child Support Order. This may occur when one of the following occurs: one parent's income changes substantially; involuntary loss of employment, where wages are replaced by unemployment compensation, worker's compensation or disability benefits; substantial inheritance; promotion, and; changes in the parenting plans. Voluntarily quitting one's job cannot be used to justify a reduction in child support, unless such termination of employment was done for good reasons.

In modifying a Final Order, the Court cannot change the Order regarding division of property and division of debts after the nisi period, regardless of real, substantial and unanticipated changes in circumstances after the divorce, unless there has been fraud on the Court. However, all other provisions may be changed if, upon motion, either party can show that a real, substantial and unanticipated change of circumstances has occurred since the Final Order.