Yes, in the state of Montana, parents are allowed to waive or reduce child support under certain circumstances. However, a court must agree to any waiver or reduction in child support. In making their decision of whether or not to approve a waiver or reduction of the amount of past due child support agreed to by both parents, courts will always utilize the best interests of the child standard.
The general purpose of child support being ordered in Montana is to ensure that both parents contribute financially to the well-being of their children. Child support itself is a court-determined periodic payment that is commonly ordered by a court when a child’s biological parents are separating or going through the divorce process.
The main purpose of child support is to provide for a child’s basic needs, including food, clothing, education, and medical care for the child that is the subject of the order. In Montana, when calculating child support, the total amount of the child support will be based on various different factors.
These factors include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income, their financial obligations, and the number of children involved in the case.
Specifically, in Montana, child support is calculated according to Title 43, Section 118 of the Montana Statutes. Those guidelines provide an “Income Shares Model,” which estimates the amount of support that would have been available to the child if the parents were living together. The calculation mainly considers both parents’ gross incomes, the number of children, and other factors such as childcare costs, medical expenses, and any other relevant expenses.
It is important to note that child support will not always be ordered in every case. For example, if both parents agree to split custody of their child or children, there may not even be an initial child support order. This is because each parent will have the child fifty percent of the time and be liable for half of the child’s expenses.
When Is Child Support Ordered?
Child support in Montana is ordered either during the Montana divorce process or in a separate child support and custody case when two parents are going through a separation. In general, the parent who does not have primary physical custody of the child will be the parent who is ordered to make child support payments. This parent is known as the non-custodial parent.
Child support payments are most commonly made on a monthly basis. In Montana, child support payments can be made in any of the following methods:
- Online: You may use the Online Payment Portal to make payments any time of day or night
- Mail: You may send checks or money orders made out to Montana Child Support Services Division (“CSSD”)
- In Person: You may visit any Montana child support office location to pay by cash, check, money order, or credit/debit card
How Is a Child Support Award Enforced?
In Montana, child support enforcement is managed by the Child Support Services Division (“CSSD”), which is part of the Department of Public Health and Human Services (“DPHHS”). That agency is responsible for establishing, monitoring, and enforcing child support orders to ensure that children receive the financial support they need.
The CSSD division and the court that issued the original support order may utilize various enforcement measures and tools to enforce child support payments, including:
- Income Withholding: Automatically deducting child support payments from the obligor’s wages
- Interception of Tax Refunds: Intercepting state and federal tax refunds to cover unpaid child support
- Liens: Placing liens on the obligor’s property, such as real estate or vehicles
- Contempt of Court: Taking legal action against the obligor for failing to comply with the support order, which can result in fines or jail time
- License Suspension: Suspending the person obligated to make child support payments (i.e., the obligor) driver’s license, professional licenses, or recreational licenses until payments are made
- Passport Denial: Notifying the United States State Department to deny passport applications or renewals for obligors with significant arrears
In other words, child support enforcement agencies in Montana have a variety of different methods to collect child support on behalf of the custodial parent. These agencies may also collect interest on retroactive child support if the court orders them to do so.
How Can I Avoid a Child Support Increase?
In order to avoid an increase in child support in Montana, you can take several steps as the obligor to avoid an increase, including:
- Maintain Stable Employment: Consistent employment and income can prevent the need for increases or adjustments in child support
- Communicate with the Other Parent: Discussing any financial changes or hardships with the other parent may result in them being willing to agree on a modification without court intervention
- Document Financial Changes: Keeping records of any changes in income, job loss, or other financial circumstances that may affect your ability to pay is useful evidence for any modification hearing
- Seek a Modification: If your financial situation changes significantly, proactively seeking a modification of the child support order through the court that issued the original order can prevent arrears and potential increases
- Comply with Court Orders: Ensuring you are making payments on time and in full to avoid penalties and interest is the most important thing to do
How Can I Stop Paying Child Support?
Generally, the process in Montana in which a parent may stop paying child support includes:
- Determine Eligibility: In Montana, child support typically ends when the child turns 18 or graduates from high school, whichever is later.
- However, if the child has special needs, support may continue
- File a Motion: In order to terminate child support, you must file a motion to modify or terminate child support with the court that issued the original support order
- This motion should include the reasons for requesting the termination, such as the child reaching the age of majority or other relevant circumstances
- Attend a Hearing: The court may then schedule a hearing to review your motion to terminate your child support obligation
- Court Decision: After hearing all evidence, the court will then issue a decision based on the evidence and arguments presented in your motion and/or at the hearing
There are other common ways in which child support may terminate in Montana. For instance, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate their child support based on the change in custody.
Additionally, the parent that now has primary custody of the child may also petition the court to order the other parent to pay them support based on the child support guidelines. There are also many other reasons to close a child support case that a local attorney in Montana can assist you with.
Do Child Support Payments End Automatically?
Yes, as mentioned above, in the state of Montana, there are certain triggering events that will result in child support payments terminating automatically. Common scenarios in which child support may be terminated automatically include:
- Child Reaches Age of Majority: When the child subject to the child support order turns 18 years old, unless the child is still attending high school, in which case support may continue until graduation or age 19, whichever comes first
- Child Emancipation: If the child becomes legally emancipated before reaching the age of majority
- Marriage of the Child: If the child gets married
- Military Service: If the child joins the military
- Death of the Child: If the child passes away
It is important to note that child support payments ending does not mean that past-due child support will be dismissed. The parent who owes past-due child support will still have to deal with their arrears.
How To Get Child Support Arrears Dismissed?
In order to get child support arrears dismissed in Montana, you must file a motion to dismiss child support arrears with the court that issued the original support order. This motion should explain why the arrears should be dismissed.
It is important to note that this motion will need to provide evidence as to why some or all of your arrears should be discharged. For instance, evidence of payment or other valid reasons. However, in general, a request for a reduction in arrears must be based on the income and assets of the party seeking the debt reduction or an agreement they reached with the other party.
Once again, arrears will not automatically be dismissed when a person’s child support obligation ends. As such, interest may still continue to accrue on any past-due support.
Do I Need a Lawyer for Help With Terminating Child Support?
If you are having any issues related to terminating, modifying, enforcing, or obtaining child support in Montana, then it is in your best interests to consult an experienced Montana child support lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced child support attorney near you.
An attorney will be able to help you determine whether or not you are eligible to stop child support based on the particulars of your case. Additionally, they can also help you determine if you are eligible to have any of your child support arrears reduced or discharged, if applicable. Finally, a child support attorney can also represent you in court, as needed.
