Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
4 Results
State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Vermont | Vt. Stat. Ann. tit. 13 § 5238(f) | Co-payment and reimbursement orders |
A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.
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Payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require.
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At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Other | No |
Court will remit all or part of the amount due or modify the method of payment. |
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Vermont | Vt. Stat. Ann. tit. 13 § 7180(c)(3),(4)(C) | Remedies for failure to pay fines, costs, surcharges, and penalties |
(c) Civil contempt proceeding. (3) Hearing. -- The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.
(4)(C) If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may: (i) suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; (ii) order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due. |
All |
Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.
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Vermont | Vt. Stat. Ann. tit. 13 § 7180(f) | Community service for traffic offense |
(f) (1) A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The court may grant the motion if the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.
(2) Community service performed pursuant to a motion granted under this subsection shall be: (A) credited against outstanding fines at the then-existing rate of the Vermont minimum wage: (B) monitored by Diversion, a restorative justice panel of a community justice center, or a similar entity approved by the court, that shall report on the defendant's compliance status to the court; (C) performed in the county where the offense occurred. (3) A conversion of a fine to community service under this subsection: (A) shall not apply to surcharges, court costs, or other assessments; (B) shall be in addition to the contempt procedures applicable under this section. |
Traffic |
Made a good faith effort to pay the fine but is unable to do so. |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | No |
Convert to community service |
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Vermont | Vt. Stat. Ann. tit. 4 § 1109(c)(4)(A) | Remedies for failure to pay; contempt |
(4)(A) Hearing. The hearing shall be conducted in a summary manner. The hearing officer shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant's ability to pay the amount due. The State or municipality shall not be a party except with the permission of the hearing officer. The defendant may be represented by counsel at the defendant's own expense.
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All |
Not provided for |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
May not be held in contempt for failure to pay. |
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