How is Child Support calculated in Montana?

Child Support awards are based on the Montana Child Support Guidelines, which are presumed to be an "adequate and reasonable support award" unless proven otherwise by clear and convincing evidence.  See MCA Section 40-4-204; In Re Marriage of Kotecki.

Income of each party must be determined.  The Guidelines define income as "actual income, imputed income, or any combination thereof which fairly reflects a parent's resources available for child support." Admin. R.M. 37.62.106(1).

The following factors are considered when the court considers what is reasonable and necessary for raising a child:

• Financial resources available to the child;
• Financial resources of each parent (income, etc.);
• Standard of living the child would have had if the parents had stayed together;
• The age of the child;
• The child's emotional, educational, and medical needs;
• The cost of day-care;
• The needs of any person, other than the child, whom either parent is legally obligated to support;
• Any parenting plan that is ordered or decided upon; and
• How much time the child spends with each parent.

*The amount of child support is not affected by marital fault or misconduct