(a) Nonattorney employees of the Office of Child Support who have been duly qualified by the Office of Child Support may sign complaints and motions and may participate in child support hearings before a magistrate. Such participation shall not be considered the unauthorized practice of law as long as the nonattorney employee represents only the interests of the Office of Child Support and the nature of their role is explained to all parties before the commencement of the proceedings.
(1) Participation in a proceeding shall consist of:
(A) presentation of current and material evidence relative to both parents’ income and resources; (B) computation of parental support obligations based upon child support guidelines, and recommendations for any deviations from that amount after consideration of the best interests of the child; (C) relevant supporting documentation and legal justification for the recommendation. (2) A current roster of qualified nonattorney employees of the Office of Child Support shall be furnished to the court by the Office of Child Support. Any of these employees may be denied the right to participate in child support proceedings upon notice to the Office of Child Support from the court administrator. The notice shall indicate the basis for the decision. (b) While engaged in activities described in subdivision (a), nonattorney employees of the Office of Child Support shall be subject to the Rules of Professional Conduct. (c) If a family court judge determines, after hearing, that a nonattorney employee of the Office of Child Support has violated the Rules of Professional Conduct, that judge may suspend or revoke the right of that employee to engage in activities before a magistrate.
Vt. R. Fam. Proc. 10
Added Aug. 22, 1991, eff. Nov. 1, 1991; amended July 30, 1993, eff. Sept. 1, 1993; Dec. 6, 2001, eff. April 1, 2002.
