Who Pays for Braces, Daycare, and Extracurriculars Under Vermont Child Support Laws?

When an orthodontist in South Burlington presents a $6,500 treatment contract for adolescent braces, or an infant daycare center in Montpelier raises weekly tuition to $375, separated parents quickly realize that a baseline monthly support check barely scratches the surface of modern child-rearing costs. Disputes over who must sign the check for dental work, summer camps, travel hockey leagues, and private academies are among the most frequent triggers for post-judgment litigation in Vermont family courts. Understanding who pays for braces, daycare, and extracurriculars under Vermont child support laws clarifies which expenses are already baked into your basic monthly transfer and which "add-on" costs must be divided proportionally between both households.

Under the Legislative Policy Statute (15 V.S.A. § 650), Vermont calculates child support using the Income Shares Model, which is designed to ensure children receive the same proportion of parental income they would have enjoyed if their parents had remained together in one household. Under the Child Support Definitions Statute (15 V.S.A. § 653) and the Computation of Support Statute (15 V.S.A. § 656), the "total support obligation" is calculated by taking the baseline guideline table amount for food, shelter, and everyday clothing, and explicitly adding qualified child care costs and extraordinary medical and educational expenses. That combined sum is then divided between the parents in direct proportion to their respective available incomes. You can consult a local attorney from our Vermont lawyer directory to ensure your worksheet properly accounts for these major add-on expenses.

How Vermont Allocates Specific Add-On Expenses Beyond Base Support

Vermont law does not treat all supplemental child expenses equally. While work-related daycare and uninsured medical/orthodontic bills over $200 per year are mandatory statutory adjustments, private school tuition and elite extracurricular fees require either mutual parental stipulation or specific findings by a Family Division magistrate.

Out-of-Pocket Medical, Dental, and Orthodontic Costs (Braces)

Uninsured health care expenses-including deductibles, prescription copays, vision care, mental health therapy, and orthodontics (braces)-follow a strict two-tier statutory rule in Vermont. First, under the Vermont Child Support Guidelines and the Definitions Statute (15 V.S.A. § 653), the baseline monthly child support table already builds in the first $200 per child per year (approximately $16.67 per month) of routine uninsured medical and dental costs. Consequently, the parent who receives child support (the obligee) is solely responsible for paying the first $200 of out-of-pocket medical or dental bills each year for each child.

Second, every dollar of uninsured medical, dental, or orthodontic expense exceeding $200 per child per year is legally classified as an extraordinary medical expense under 15 V.S.A. § 653 and the Health Insurance and Medical Support Statute (15 V.S.A. § 658). Unless the parents agree otherwise, extraordinary medical and orthodontic expenses over $200 per year are divided between the parents in direct proportion to their respective available incomes (for example, 65% paid by Parent A and 35% paid by Parent B). While courts readily treat medically necessary braces-such as correcting a severe overbite, crossbite, impacted teeth, or TMJ dysfunction-as a mandatory extraordinary medical expense, purely cosmetic dental veneers may be disputed unless both parents consent prior to treatment.

Childcare, Daycare, and After-School Program Costs

Work-related daycare is a mandatory "add-on" component of the total support obligation under 15 V.S.A. § 653. To qualify for inclusion on the child support guideline worksheet, the child care costs must be reasonably incurred due to employment or education/job training calculated to enhance the parent's earning capacity.

When calculating the net daycare add-on, Vermont law deducts any state subsidies-such as benefits received from the Vermont Child Care Financial Assistance Program (CCFAP) administered by the Department for Children and Families-as well as federal child and dependent care tax credits, and then splits the remaining actual daycare, preschool, or summer day-camp cost proportionally between the parents based on their available income shares under 15 V.S.A. § 656. As the Vermont Supreme Court highlighted in Tetreault v. Coon, 167 Vt. 396 (VT Supreme Court 1998), reasonable work-related child care costs are an essential substitute for parental care and must be factored into both guideline calculations and any analysis of imputed income.

Private School Tuition and Extraordinary Educational Expenses

Public K-12 education is the baseline presumption in Vermont, meaning one parent cannot unilaterally enroll a child in a $25,000-per-year private boarding or parochial school and automatically force the other parent to pay half. Instead, private school tuition is evaluated through two statutory lenses: as an "extraordinary educational expense" under 15 V.S.A. § 653 or as a formal guideline deviation under the Child Support Deviation Statute (15 V.S.A. § 659).

Under 15 V.S.A. § 659, a Family Division magistrate can order a parent to contribute to private school tuition or specialized tutoring if the court finds that strict application of the standard guidelines would be unfair after weighing the educational needs of the child, the financial resources of both parents, and the standard of living the child would have enjoyed had the marriage not been dissolved. If a child has documented learning disabilities requiring a specialized private school, or if the parents jointly enrolled the child in a private school during the marriage and can still afford it, the magistrate can include tuition in the proportional support calculation or deviate upward.

Elite Sports, Travel Teams, Ski Racing, and Extracurricular Fees

Routine recreational activities-such as town rec-league soccer registration, school band rentals, or basic scout dues-are legally presumed to be covered by the basic monthly guideline table amount. However, in Vermont, many children participate in high-cost extracurriculars such as travel ice hockey, alpine ski racing academies, equestrian competition, or conservatory music programs costing thousands of dollars per season.

As the Vermont Supreme Court explained in Ainsworth v. Ainsworth, 154 Vt. 103 (VT Supreme Court 1990) and Smith v. Stewart, 165 Vt. 364 (VT Supreme Court 1996), the guideline table creates a strong presumption of the support needed for ordinary living expenses, and courts will not deviate for every minor variation in household spending. However, when families have higher combined incomes or a long-standing history of funding elite athletics, a parent can address these costs in two ways: by obtaining an upward guideline deviation under 15 V.S.A. § 659 to preserve the child's marital standard of living, or by requesting a Child Support Maintenance Supplement under 15 V.S.A. § 661. Under 15 V.S.A. § 661, when disparate parental incomes or assets would result in a lower standard of living for the child in one household, the court can order an additional monthly maintenance supplement so both households can afford comparable activities and opportunities for the child.

Step-by-Step Process to Allocate or Recover Add-On Child Expenses in Vermont

Whether your case is heard in Burlington, Rutland, Barre, Brattleboro, or St. Johnsbury, following the procedures in your Medical Child Support Order and Family Division rules guarantees you can enforce reimbursement from a reluctant co-parent.

Step 1: Reviewing Your Child Support Order and Medical Support Provisions

Pull your current Form 400-00802, Vermont, Judiciary Family Division, Child Support Order and Form 400-00802M, Vermont, Judiciary Family Division, Medical Child Support Order. Verify the exact proportional income percentage assigned to each parent (for example, 70% Father / 30% Mother) and check whether you or the other parent carries sole or shared legal parental rights and responsibilities for medical and educational decisions under 15 V.S.A. § 665.

Step 2: Documenting the Initial $200 Threshold and Sending Itemized EOBs

Before demanding reimbursement for braces, physical therapy, or specialist copays, the custodial parent must keep a folder of receipts proving that the first $200 per child per calendar year of uninsured health expenses has already been paid out of pocket. Once the $200 threshold is met, send the other parent copies of the provider's itemized invoice, the health or dental insurer's Explanation of Benefits (EOB), and proof of payment within 30 days, requesting their proportional percentage share in writing.

Step 3: Calculating Daycare or Extraordinary Expense Changes for Modification

If your child starts full-time daycare, loses a state CCFAP subsidy, or requires ongoing extraordinary educational or medical treatment that changes the total child support calculation by more than 10%, that shift automatically constitutes a "real, substantial, and unanticipated change of circumstances" justifying a formal modification under the Child Support Modification Statute (15 V.S.A. § 660). Use the official calculator maintained by the Vermont Office of Child Support, Waterbury to run the updated proportional worksheet.

Step 4: Filing a Motion to Modify or Motion to Enforce in the Family Division

If the other parent refuses to pay their court-ordered share of braces or daycare already included in your order, file a free Motion to Enforce Child Support using Form 400-00823, Vermont, Judiciary Family Division, Motion to Enforce Child Support and/or Maintenance Supplement. If you need to add new daycare costs, request an orthodontic expense order, or seek a deviation under 15 V.S.A. § 659 or a Maintenance Supplement under 15 V.S.A. § 661, file a Motion to Modify Child Support accompanied by Form 400-00813A, Vermont, Judiciary Family Division, Financial Affidavit: Income and Expenses and Form 400-00813B, Vermont, Judiciary Family Division, Financial Affidavit Property and Assets (or Form 400-00813S, Vermont, Judiciary Family Division, Financial Affidavit - Non-Divorce in parentage cases) in the Vermont Superior Court, Chittenden Unit, Family Division, Burlington, the Vermont Superior Court, Rutland Unit, Family Division, Rutland, or your local county Family Division courthouse.

How Much Does It Cost in Vermont?

The cost of establishing, modifying, or enforcing add-on child support expenses in Vermont is tightly regulated by statute:

• Filing a Motion to Modify Child Support: Under the Vermont Court Filing Fee Statute (32 V.S.A. § 1431), the post-judgment filing fee for a Motion to Modify Child Support is $45 (plus a one-time $14 Odyssey e-filing system fee if applicable, unless waived for low-income filers).
• Filing a Motion to Enforce Unpaid Medical / Daycare Shares: Filing a Motion to Enforce an existing child support or medical support order costs $0.00.
• Case Manager Conference & OCS Assistance: Attending a Family Division Case Manager Conference to stipulate to daycare or orthodontic splits costs $0, and administrative help from the Vermont Office of Child Support, Waterbury is free.
• Family Law Attorney Fees: Retaining a Vermont family lawyer to litigate complex high-income deviations, private school tuition, or 15 V.S.A. § 661 maintenance supplements typically ranges from $1,500 to $4,500 depending on whether the hearing is contested.

How Long Does the Process Take?

Because Vermont prohibits retroactive child support modifications prior to the date a motion is served, acting quickly when daycare or orthodontic expenses arise is essential:

• Retroactivity Rule: Under 15 V.S.A. § 660 and McCormick v. McCormick, 150 Vt. 431 (VT Supreme Court 1988), a court can only modify child support retroactively to the date the Motion to Modify was filed and served-meaning if you wait a year to ask the court to add daycare to the order, you cannot recover the prior year's un-ordered daycare.
• Case Manager Conference Timeline: After filing a motion in the Family Division, the court typically schedules an initial Case Manager Conference within 30 to 45 days.
• Contested Magistrate Hearing: If the parents cannot settle at the Case Manager Conference, a formal evidentiary hearing before a Family Division Magistrate generally takes 60 to 120 days to conclude.

Frequently Asked Questions (FAQ)