Vermont Statutes Title 15 Sec. 291
Terms Used In Vermont Statutes Title 15 Sec. 291
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Personal property: All property that is not real property.
- Psychiatric disability: means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. See
- real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
- Summons: Another word for subpoena used by the criminal justice system.
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
§ 291. When a married person deserts or fails to support his or her spouse
(a) When a married person without just cause fails to furnish suitable support for that person’s spouse, or has deserted such spouse, or when a married person, for a justifiable cause, is actually living apart from such spouse, on the complaint of either married person, or, if the deserted spouse has a mental condition or psychiatric disability, on the complaint of a guardian or next friend, the Superior Court, by its order, may prohibit either spouse from imposing restraint on the other’s personal liberty for such time as the court in such order directs, or until further order.
(b) Upon the application of the husband or wife, or of the guardian or next friend of either spouse, such court may make such orders as it deems expedient concerning the support of either spouse and the care, custody, education, and maintenance of the minor children of the parties. It may determine with which of the parents the children, or any of them, shall remain, and thereafter, from time to time, on similar application, may revise and alter such order, or make a new order or decree, as the case requires.
(c) The complaint may be brought in the county in which either of the parties resides, except that, if the complainant has left the county in which the parties have lived together, the adverse party still residing therein, the complaint shall be brought in that county.
(d) When complaint is made as provided in this section, a summons shall be issued to the other party directing him or her to cause his or her appearance therein to be entered not later than 21 days after the date of the service thereof and show cause why the prayer of the complaint should not be granted, which summons and the complaint shall be served on such party as provided by section 596 of this title.
(e) After filing such complaint the Superior Court in which the cause is pending, or a Superior judge, on application of either party, may make such order concerning the care and custody of such minor children, or the support of either spouse, during the pendency of the complaint, as is deemed expedient and for the benefit of either spouse or the children.
(f) When filed and recorded in the office of the clerk of a town, or served upon a private corporation, such order shall be a lien upon such of the real estate and personal property of the defendant in such town, and upon the stock of the defendant in such corporation as is mentioned in the order.
(g) For the purposes of this section, “children” shall include stepchildren. (Amended 1971, No. 98, § 2, eff. April 22, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 201 (Adj. Sess.), § 8; 2013, No. 96 (Adj. Sess.), § 66.)