This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
Montana Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
State:
Multi-State
Control #:
US-00800BG
Format:
Word;
Rich Text
Instant download
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FAQ
There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.
In Montana, the court system uses parenting plans to determine the custody of minor children, including when and where each parent will be with and responsible for each child. It also includes who is responsible for decision-making and provides for the financial care of the child.
In Oklahoma, there is a law that says when children are 12 years old, they are allowed to express a preference to the court about custody and visitation. Now, what does that mean? It means there's a presumption that a 12-year-old is old enough and mature enough to express an intelligent preference.
Montana child support is based on parenting time percentages Montana uses a parenting time percentage in its child support formula to determine the amount of child support in your divorce case. Besides income, parenting time percentages are a key part of the Montana child support formula.
A question that often comes up in a custody case is, at what age can a child decide with which parent they want to live? As most family law attorneys will tell you, legally, the age when a child can decide is 18. At this age they are no longer a child and subject to a custody action.
Most child support in Montana is collected via income withholding from a parent's wages. When income withholding is not available the CSSD does have other enforcement actions available.
Evidence of physical abuse, or threats of abuse, by one parent against the other parent or child. Substance abuse by a parent. Whether one parent has been convicted of certain violent or sexual crimes. A parent's untreated mental health issues that impact the child.
The Montana statute of limitations on enforcement of child support is 10 years from the date of payment due for debt accrued prior to 10/1/1993; 10 years after termination of obligation for payments due after 10/1/1993.
