If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.
In a paternity case, the Montana Instruction to Jury states that the amount of support is not a question for the jury to decide. This instruction emphasizes that determining the appropriate level of financial support in a paternity case is the responsibility of the court, not the jury. This is an important aspect to understand for both the plaintiff and the defendant involved in such cases. Keywords: Montana instruction to jury, paternity case, amount of support, not a question, court responsibility, financial support, plaintiff, defendant. Different types of Montana Instructions to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury may include: 1. Montana Instruction to Jury 30.003 — Amount of Support Not a Question for the Jury: This instruction clearly states that the jury's role is limited to deciding issues related to paternity, custody, visitation, or other matters relevant to the case, excluding the determination of financial support. 2. Montana Instruction to Jury 30.005 — Court Responsibility for Determining Support: This instruction informs the jury that the court has the exclusive authority to calculate and establish the appropriate amount of child support based on relevant laws, guidelines, and the specific circumstances presented during the trial. 3. Montana Instruction to Jury 30.007 — Jury's Focus on Paternity Determination: This instruction directs the jury to focus their deliberations on determining whether the alleged father is indeed the biological parent of the child. It clarifies that deciding the amount of financial support is outside their purview. 4. Montana Instruction to Jury 30.009 — Jury's Duty to Follow Court's Guidance: This instruction emphasizes the importance of the jury following the court's guidance regarding the matters they are responsible for deciding. It reiterates that the jury should not venture into matters related to financial support, as this is the court's domain. It is important for all parties involved in a paternity case in Montana to understand that the jury is not tasked with determining the amount of support. This ensures that the matter is handled by the court, maintaining consistency and fairness in the calculations based on relevant legal guidelines and specific circumstances.
