{"id":374578,"date":"2016-04-11T01:23:08","date_gmt":"2016-04-11T06:23:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-child-support-guidelines.html"},"modified":"2025-03-28T14:30:56","modified_gmt":"2025-03-28T19:30:56","slug":"montana-child-support-guidelines","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-child-support-guidelines.html","title":{"rendered":"Montana Child Support Guidelines"},"content":{"rendered":"\n
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Montana Child Support Guidelines<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Montana’s child support guidelines<\/a> are in the Montana Administrative Rules. These guidelines, followed by district courts, the Child Support Services Division (CSSD), attorneys, and parents, ensure that child support payments are fair and meet a child’s needs.<\/p>\r\n

According to Montana law, child support obligations help maintain the child’s standard of living. This is regardless of whether the parents live together. The Montana Department of Public Health and Human Services<\/a>, through the CSSD, offers resources and enforcement support for parents and guardians to meet their child support responsibilities. This article will discuss the ins and outs of Montana’s child support guidelines<\/a>.<\/p>\r\n

When Does Child Support Happen?<\/b><\/h2>\r\n

In Montana, child support begins when a court issues an order. This is often during cases involving a parenting plan, divorce, separation, or the establishment of physical custody.<\/a> The court order requires the non-custodial parent to provide financial support. This support helps cover essential needs like health care, child care, and other living expenses. These payments ensure that both parents contribute to the child’s well-being, including medical care and other necessary costs. Typically, child support continues until the child turns 18 or graduates from high school, whichever comes later.<\/p>\r\n

Calculating Child Support<\/b><\/h2>\r\n

A child support<\/a> award calculated using the guidelines is presumed reasonable. But each case must receive an individual evaluation. Exemptions from the guidelines can happen if there is evidence that the child’s needs aren’t met.<\/p>\r\n

To determine the amount of child support in Montana, use the child support guidelines worksheet and worksheet instructions<\/a>. The <\/a>Montana child support calculator<\/a> is also a good resource. These tools consider factors such as the number of children involved and each parent’s financial situation. The chart below offers a brief overview of the primary rules included in the worksheet. These rules form the basis of Montana’s child support guidelines.<\/p>\r\n\r\n
Code section<\/th>\r\n

Administrative Rules of Montana Title 37, Chapter 62, Subchapter 1<\/a>: Montana Child Support Guidelines<\/p>\r\n<\/td>\r\n<\/tr>

Determination of income for child support<\/th>\r\n

A parent’s income for child support purposes is equal to the parent’s actual income plus any imputed income.<\/p>\r\n

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  • Actual income: A parent’s actual income includes economic benefits from any source, gross receipts minus reasonable and necessary expenses (if the parent gets income from owning a business), the value of non-cash benefits, grants or scholarships, and allowances for expenses.<\/p>\r\n<\/li>\r\n

  • Imputed income: Imputed income is income not actually earned by a parent. If an unemployed, underemployed, or student parent can work 40 hours per week, the court will make them pay based on what income they could earn.<\/p>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Income available for child support<\/th>\r\n

Income available for support gets determined by subtracting the "allowable deductions" from each parent’s income and the "personal allowance" from each parent’s income.<\/p>\r\n<\/td>\r\n<\/tr>

Allowable deductions from income<\/th>\r\n

Allowable deductions from income include those required by law, those required as a condition of employment, and those necessary for the production of income.<\/p>\r\n<\/td>\r\n<\/tr>

Personal allowance<\/th>\r\n

A parent’s personal allowance equals 1.3 multiplied by the federal poverty guidelines for a one-person household. The parent’s personal allowance gets deducted when determining child support.<\/p>\r\n<\/td>\r\n<\/tr>

Parental share<\/th>\r\n

 To determine the total income available for child support, the court calculates the parents’ combined income. Then, it divides each parent’s income available for child support by the total. This equates to each parent’s share of the primary child support allowance.<\/p>\r\n<\/td>\r\n<\/tr>

Primary child support allowance<\/th>\r\n

Multiply the parent’s personal allowance by the applicable figure below to determine the primary child support allowance:<\/p>\r\n