General
Citation: Admin. R. Mont. 37.62.101 et.seq.
Last Updated:
Authority: Administrative Rule
Guidelines Model: Melson
Economic Study: FPL and Other
Guidelines Responsibility:
Guidelines Approval:
Last Guidelines Review (2016)
Previous Guidelines Review (2012)
Basic Child Support Obligation (BCSO) Schedule
Last Updated:
Income Base: Net Income
Income Measure:
Frequency:
No. of Children Categories:
Minimum Income Bracket:
Maximum Income Bracket:
More than Maximum Income:
BCSO Factors/Assumptions/Adjustments
Age:
Cost of living:
Expenditures Measurement:
Low-Income: Yes
Medical Expenses:
Parenting Time:
Poverty Level:
Price Level:
Subsequent Children:
Taxes:
Low-Income1
SSR/LI Adjustment Amt: FPL for one person times 1.3
Discretionary: No
SSR/LI Adjustment Application: Personal allowance is 1.3 time FPL for one person which is subtracted from each parent’s income
Deviation Criteria: N/A
Threshold Income: N/A
Limitations/Obligator Protections: N/A
Minimum Child Support Amount: Yes
Limitations on Minimum Child Support Amount: If income is less or equal to parent’s personal allowance or child support is less than 12% of parent’s income. Exact minimum is calculated with formula.
Notes: N/A
Deviation Factors
1. Education Expenses
Medical Expenses
Ordinary:
Extraordinary:
Childcare Expenses
Added to Basic Child Support Obligation
Education Expenses
Deviation factor
Modification
Child support variance of 25% or more
Termination5
Statute: Mont. Code Ann. §40-4-208(5); §40-5-201(2)
Age of Majority: 18 years of age
Ends: Age of Majority or upon graduation from high school, whichever is later, but no later than 19.
Duty to Provide College Support: No duty to provide college support.
Criminal Penalties for Nonpayment3
Citation: Mont. Code § 45-5-621
Crime: Nonsupport; Aggravated Nonsupport (if obligor leaves state or has prior conviction)
Maximum Penalty: 6 months, $500 fine;6 months, $500 fine; Up to 10 years or $5,000 for 6 mos. nonsupport; Up to 10 years, $50,000 for aggravated nonsupport; Up to 10 years or $5,000 for 6 mos. nonsupport;
Interest and Arrears4
Arrears: Unknown
Summary:
Statute:
License Restrictions for failing to pay Child Support2
Statute: Ala. Code §§ 30-3-170 through 30-3-179
Type: Driver’s, Occupational Professional Recreational, Sporting
Threshold: Six or more months
Reinstatement:
State Contact
Name: Ms. Sheila Hogan
Title: State Director
Email: sheilahogan@mt.gov (guidelines@mt.gov)
Phone Number: (406)444-9855
Address: 3075 N. Montana Avenue Suite 112, Helena, Montana 59620
Links
Child Support Calculator
Child Support Guidelines
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx