Michelle E. Stein v. Daniel E. Stein, 173 Vt. 627

Summary

The Vermont Supreme Court affirmed enforcement of a child support order in a shared-custody case. The court held that the father's constitutional and other challenges to the original support calculation, including the child support guidelines and differing school-year and summer amounts, were impermissible collateral attacks barred by res judicata because he had not appealed the original order. The court also upheld refusal to enforce the mother's alleged agreement to reduce support and waive arrears.

Holdings

1. A parent may not collaterally attack the constitutionality of child support guidelines or the amount of a final child support order in a later enforcement proceeding when the parent had an adequate opportunity to challenge the original order by appeal.
2. Father could not collaterally attack, on constitutional or other grounds, the original order's specific support amounts or its provision for separate school-year and summer payments during the enforcement action.
3. The alleged agreement by mother to accept reduced child support and waive accrued arrears was unenforceable.

Questions Presented

1. Whether father could constitutionally challenge the child support guidelines and the specific amounts set in the original child support order during a later enforcement action after failing to appeal the original order.
2. Whether father could collaterally attack the original order's separate school-year and summer support amounts on equal-protection grounds.
3. Whether an alleged agreement by mother to accept reduced support payments and waive accrued arrears was enforceable.

Disposition

affirmed