Child Support

In petitions involving dissolution of marriage (divorce), legal separation maintenance, or child support, Montana divorce laws allow the court to order either or both parents owing a duty of support to a child to pay an amount necessary for the child's support, without regard to marital misconduct. The court will consider all relevant factors, including: 1. the financial resources of the child; 2. the financial resources of the parents; 3. the standard of living that the child would have enjoyed had the marriage not been dissolved; 4. the physical and emotional condition of the child and the child's educational and medical needs; 5. the age of the child; 6. the cost of day care for the child; 7. the age of the child; 8. any parenting plan that is ordered or decided upon; and 9. the needs of any person, other than the child, whom either parent is legally obligated to support. Any court order that initiates or modifies an order concerning child support will apply the uniform child support guidelines established by

Montana law. An imputed amount [estimated and assigned] will be assessed against a party that fails to adequately provide verifiable information on the income. The court can go outside the guidelines if it finds reason to do so. Each district court judgment, decree, or order that establishes paternity or establishes or modifies a child support obligation must include a provision requiring the parties to promptly file with the court and to update, as necessary, information on: 1. the party's identity, residential and mailing addresses, telephone number, [social security number,] and driver's license number; 2. the name, address, and telephone number of the party's employer; and 3. if the child is covered by a health or medical insurance plan, the name of the insurance carrier or health benefit plan and any pertinent information the court may deem appropriate. If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed,

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the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.

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• Montana Bureau of Mediation Services
• Montana Child Support Calculator
• Montana Coalition Against Domestic Violence
• Montana State Bar Association
• Montana Child Support Enforcement Division
• Montana Divorce Laws
• State Fact Sheets for Grandparents and Other Relatives Raising Children

Child Custody

other person who significantly affects the child's best interest; 4. the child's adjustment to home, school, and community; 5. the mental and physical health of all individuals involved; 6. physical abuse or threat of physical abuse by one parent against the other parent or the child; 7. chemical dependency or chemical abuse on the part of either parent; 8. continuity and stability of care; 9. developmental needs of the child; 10. whether a parent has knowingly

failed to pay birth-related costs that the parent is able to pay, 11. whether a parent has knowingly failed to financially support a child that the parent is able to support, 12. whether the child has frequent and continuing contact with both parents, and adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.

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Visitation/Co-Parenting

Parents have the option of creating a visitation (parenting) schedule for the non-custodial parent and the children, or if an agreement is possible, having the court impose a visitation schedule. In either case, you should consider including the following considerations so that no questions remain: How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be

returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children? If an visitation schedule can't be agreed upon between the parties, the court will decide visitation, and will likely include the following: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's

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Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

Alimony/ Maintenance/ Spousal Support

If an visitation schedule can't be agreed upon between the parties, the court will decide visitation, and will likely include the following: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer. Marital misconduct (such as adultery) will not

influence the court in determining alimony (maintenance or spousal support), and after considering all relevant facts including: a.) the financial resources of the party seeking maintenance, b.) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, c.) the standard of living established during the marriage, d.) the duration of the marriage, e.) the age and the physical and emotional condition of the spouse seeking maintenance, f.) the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

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Grounds For Divorce

Montana divorce statutes dictate that a marriage can be dissolved by a summary dissolution [dissolving the marriage without any further action] if: Irreconcilable differences have caused the irretrievable breakdown of the marriage, and both parties agree that the marriage should be dissolved.

The wife is not pregnant and: 1. there are no children from the relationship born before or during the marriage or adopted by the parties during the marriage; or 2. the parties have executed an agreed-upon parenting plan and

the child support and medical support have been determined by judicial or administrative order for all children from the relationship born before or during the marriage or adopted by the parties during the marriage. 3. neither party has any interest in real property or they have agreed to its division. Other conditions exist as they relate to property and obligations. [In short, if the parties agree to all issues and understand those agreements, a summary order will be issued].

Irretrievable breakdown as grounds for divorce: When both of the parties stated under oath that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, the

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court will make a finding whether the marriage is irretrievably broken.

When one of the parties has denied under oath that the marriage is irretrievably broken, the court will:

• make a finding whether the marriage is irretrievably broken; or
• continue the matter for further hearing not fewer than 30 or more than 60 days later. Counseling may be recommended by the court.

Marriage Annulment
Marital Annulment

A marriage annulment in Montana terminates an already illegal marriage and restores the parties to single status. Marriage annulments (sometimes referred to as a marital annulment or a marital annulment) are more difficult to get because the court expects more documentation and proof of grounds for annulment. Those grounds for annulment include:

Fraud- If you have been cheated into a marriage or your spouse has misrepresented him or herself, Mental illness- If your spouse is insane and the insanity is affecting your married life, Bigamy- your spouse married you while already married, Incest (or consanguinity)- marrying a blood relative too close to you (parents, uncle, aunt, etc.), and a Physical disability- cannot consummate the marriage.

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Montana divorce statutes provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

Marriage Counseling/
Mediation

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Legal Separation/ Marital Separation

Irretrievable breakdown of the marriage is the only grounds for legal separation in Montana divorce law. One of the spouses must be a resident of Montana for 90 days immediately prior to filing for legal separation (also known as a marital separation). Filing for a legal separation is very similar to that of a divorce.

The difference of course is that the parties continue to be married but live separate lives. A separation or "legal separation" is often sought by one of the parties that wants to terminate the relationship but wishes that the marital status not be interrupted for religious or health care insurance coverage purposes.

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Waiting Period

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Grandparents Rights

The district court may grant to a grandparent of a child reasonable rights to contact with the child. A finding for grandparents rights may be granted only upon a finding by the court that the contact would be in the best interest of the child. A person may not petition the court more often than once every 2 years unless there has been a significant change in the circumstances of the child, the child's parent, guardian, or custodian, or the child's grandparent.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

You can agree with your spouse on a divorce settlement of assets and debts, or the court can impose its own divorce settlement. Your choice. Montana is an equitable distribution state. This means that the court will divide the marital property between the parties as it deems equitable and just but not necessarily evenly, after setting aside to each spouse the separate property of each. Factors the court may consider include:

»The duration of the marriage and prior marriage of either party.
»The age, health, station, occupation, amount and sources of income.

»Vocational skills, employability, estate, liabilities and needs of each party.
»Custodial provisions.
»Whether the apportionment is in lieu of or in addition to maintenance.
»The opportunity of each for future acquisition of capital assets and income.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage, and that it might be included in a divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the

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property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried a divorce settlement will take away what was originally yours? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely have to give up a half of that appreciation to your spouse in the divorce.

Residency Requirements

According to Montana divorce laws, a petition for separation may go forward if the court finds that one of the parties is domiciled in this state, or was stationed in this state while a member of the armed services and that the domicile or military presence has been maintained for 90 days prior to the filing of the action.

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