§ 462. Findings; orders; stipulations
(a) The magistrate shall make findings of fact, conclusions, and a decision and shall issue an order. An order issued by a magistrate may be enforced by the Family Division of the Superior Court in the unit in which the magistrate hearing was held.
(b) A magistrate may issue an order based on a stipulation regarding any preliminary matter necessary to issue a child support order.
(c) If the stipulation of the parties regarding child support includes matters other than preliminary matters necessary to issue a child support order, the stipulation may be accepted and approved by the magistrate in respect to those preliminary matters and signed by the magistrate as an order of the Family Division of the Superior Court.
(d) A magistrate shall issue an order for child support based upon the actual physical living arrangements of the children during the prior three months if the parties have not stipulated concerning parental rights and responsibilities. If parental rights and responsibilities are contested, the Family Division of the Superior Court shall make an order allocating parental rights and responsibilities. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 228 (Adj. Sess.), § 9; 1995, No. 59, § 14; 2009, No. 146 (Adj. Sess.), § C14; 2009, No. 154 (Adj. Sess.), § 30.)
Structure Vermont Statutes
§ 455. Transfer of Probate proceedings
§ 457. Participation and availability of assistant judges
§ 459. Powers of assistant judges
§ 461. Office of magistrate; jurisdiction; selection; term
§ 461a. Essex County; powers of assistant judges and magistrates in Family Court proceedings
§ 461c. Powers of assistant judges in divorce proceedings
§ 462. Findings; orders; stipulations
§ 463. Jurisdiction of Family Division of Superior Court over child support