Child support in Montana
Child support evens out the financial responsibility of raising a child. It's most common for the parent who spends less time with the child to pay child support. If the parent with more parenting time has a lot more income, they might owe support. There might not be any support if parents have shared parenting time and similar incomes.
Parents can agree on the support amount and have the court approve it — or they can let the court or the Child Support Services Division (CSSD) decide the amount.
Factors in the support amount
Montana's Child Support Guidelines explain what factors into the support amount.
These factors are:
- Parents' incomes
- Number of children
- Parenting time
- The child's age and needs
- The child's lifestyle before their parents separated
- Distance a parent must travel to see the child
- Medical costs not covered by insurance
Parents' incomes
The support guidelines explain what income counts, like salaries, tips, bonuses and disability payments.
Roughly the first $20,000 of a parent's income is unavailable for child support since that is how much they need to support themselves. (The exact number changes every year.) Any amount above that is available for child support purposes.
If a parent doesn't have income, the court (or CSSD) assumes they could at least make minimum wage working full-time. It can assume a higher amount based on a parent's job history and education.
Parenting time
Parents who have more than 110 days of parenting time a year qualify for a shared-parenting reduction. The more parenting days they have, the less they pay in support. A "day" is the majority of a 24-hour period.
Custody X Change calculates the overnights you have with your child in a year (the figure many states use). If you sometimes have your child for more than 12 hours but not overnight, temporarily extend those visits to midnight in your Custody X Change calendar to see a day count by Montana's definition.
Other adjustments
Distance between parents' homes: A parent might pay a discounted amount of child support if they need to travel far to pick up the child for visits or parenting time.
Day care costs: If the noncustodial parent pays for day care, they pay a discounted amount of support. If the custodial parent pays for day care, the noncustodial parent will pay more support to cover part of the cost.
Uninsured medical costs: The support amount is intended to cover the parent's portion of the child's insurance premium, co-pays and other uninsured costs.
Minimum child support: The payer must spend at least 12% of their income on child support. However, if they make less than $20,000 a year (approximately — the exact number changes each year), they'll pay a smaller percentage specified in the support guidelines.
How to calculate support
To calculate your exact support amount, fill out a Child Support Guidelines Worksheet.
To get a quick estimate based on income and parenting time, use the calculator above.
You can expect a monthly payment that's slightly below average for the U.S. A typical Montana child support payment is about $100 less than the national average, according to a Custody X Change study.
How to apply for child support
You can apply for child support when you start a dissolution or parenting case, or you can apply for support through CSSD.
Starting a case with CSSD is required if you've ever received public assistance. It's recommended if you can't afford a lawyer or don't want (and don't already have) a court-ordered parenting plan.
You must also submit a Financial Affidavit and Child Support Guidelines Worksheet. You can hire a lawyer or go to your local Court Help Program for help filling out these forms.
If you agree on child support, submit a written agreement with your forms. This could be its own document or part of your parenting plan. You'll still need to fill out an affidavit and worksheet. The agreed amount is only approved if it is in the child's best interests.
How to pay child support
Support is usually paid monthly via income withholding. The state takes the support amount from the parent's work pay, social security, etc., then forwards it to the other parent.
Another option is paying support online.
Parents can pay support directly to each other if they agree to this and the court approves. You could also agree to pay support weekly instead of monthly.
Support stops automatically when the child turns 19 or graduates high school, whichever happens latest.
How to enforce a child support order
If you applied for an order through CSSD, the office will automatically take action to enforce support when a payment is eight days overdue.
If you don't have a CSSD case, you can still contact CSSD for enforcement help.
Some actions CSSD can take to enforce support include:
- Reporting late payments to credit bureaus
- Taking income tax refunds
- Placing liens on property
- Suspending driver's licenses
If you're struggling to pay child support, it's best to contact CSSD (or the other parent if CSSD is not involved) as soon as possible to explain your situation. You might be able to set up a payment plan to avoid sanctions.
How to modify child support
After three years, you can request a change in the support amount through CSSD.
If you want a new order sooner, you must prove there's been a significant change of circumstances (e.g., you lost your job).
Getting an accurate child support order
Estimating your number of parenting days, rather than calculating it exactly, can impact your child support order by thousands of dollars a year.
Still, attorneys and the court usually estimate because manually tallying days is time-consuming.
The Custody X Change app lets you quickly calculate your time with your child.
It calculates your overnights automatically. If you sometimes have your child for more than 12 hours but not overnight, extend those visits to midnight to see your number of days (which Montana defines as the majority of a 24-hour period).
Try this with Custody X Change.
Whether you're paying or receiving child support, use Custody X Change to make sure your calculation is exact. The number will affect you, your child and the other parent for years to come.