Montana Uniform Support Petition and Instructions
Description
How to fill out Uniform Support Petition And Instructions?
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FAQ
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.
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.
Montana is an equitable distribution state. This means the marital property will be divided fairly and equitably but it does not mean that property will be split on a 50/50 basis. Courts must first determine which property is separate and which property is a marital asset.
(1) "Imputed income" means income not actually earned by a parent, but which is attributed to the parent based on the provisions of this rule. It is presumed that all parents are capable of working at least 40 hours per week at minimum wage, absent evidence to the contrary. (e) is a student.
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.
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 three basic principles of the Melson formula are 1) parents are entitled to sufficient income to meet their basic needs; 2) parents shouldn't be permitted to retain more income than required to meet their basic needs; and 3) the child(ren) are entitled to share in any additional income and benefit from a ...
