In Montana, Child Support orders may be established by the District Court, or by the Montana Child Support Services Division (CSSD) of the Montana Department of Health & Human Services. Individuals who receive public assistance are automatically referred to CSSD. Individuals who do not receive public assistance may apply for CSSD services. A court may also direct the parties to work with CSSD.
District Courts and CSSD follow Montana laws (MCA) and Administrative Rules governing both parents’ duty of support to a child. Amounts are determined to be reasonable or necessary for the child's support, and without regard to marital misconduct. Relevant factors include:
- the financial resources of the child;
- the financial resources of the parents;
- the standard of living that the child would have enjoyed had the marriage not been dissolved;
- the physical and emotional condition of the child and the child's educational and medical needs;
- the age of the child;
- the cost of day care for the child;
- any parenting plan that is ordered or decided upon; and
- the needs of any person, other than the child, whom either parent is legally obligated to support.
For additional information, link to Common Questions about Child and Medical Support Orders in Montana, from Montana Legal Services Association (MLSA).
Selected Statues & Regulations
MCA Title 40, Ch. 4. Termination of Marriage, Child Custody, Support
MCA Title 40, Ch. 4, Part 2. Support, Custody, Visitation, and Related Provisions
MCA Title 40, Ch. 5, Pt. 10. Uniform Interstate Family Support Act
MCA Title 40, Ch. 5. Enforcement of Support
ARM Title 37, Ch. 62, Subchapter 1. Montana Child Support Guidelines
Guides & Articles
Child Support: Information and Forms, from MontanaLawHelp.org
Common Questions about Child and Medical Support Orders in Montana, from Montana Legal Services Association (MLSA).
Guide to Services, from the Child Support Services Division for Montana Department of Health and Human Services
Introduction to Family Law in Montana, prepared by Montana Legal Services Association (MLSA) and approved by the Montana Supreme Court
LEGAL RESOURCES IN MONTANA
The Court Help Program, for free assistance on common civil legal issues. (406) 841-2975
Apply for Legal Services, from Montana Legal Service Association (serving low-income Montana with pressing civil legal needs)
Montana Legal Services HelpLine and Intake, available Monday through Friday, 9:00 am to 1:00 pm: 1-800-666-6899
Lawyer Referral Information Service, from the State Bar of Montana. (406) 449-6577