Montana Child Support Guidelines
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Montana's child support guidelines are set out in the Montana Administrative Rules. These state guidelines were created to establish a consistent standard to be used by the district courts, child support enforcement agencies, attorneys, and parents in Montana when determining a parent's child support obligations. The basic idea behind child support is that a child's standard of living shouldn't be negatively affected if their parents aren't living in the same household.
There is a rebuttable presumption that a child support award calculated using the child support guidelines is adequate and reasonable, however, each case must be determined on its own merits and the guidelines will be deviated from if there is evidence that the child's needs aren't being met.
In order to calculate a child support award in Montana, use the child support guidelines worksheet and worksheet instructions. The chart below provides a brief overview of the main rules that are incorporated into the worksheet and that make up Montana's child support guidelines.
Code Section |
Administrative Rules of Montana Title 37, Chapter 62, Subchapter 1: Montana Child Support Guidelines |
Determination of Income for Child Support
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A parent's "income" for child support purposes is equal to the parent's actual income plus any imputed income.
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Income Available for Child Support
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Income available for support is determined by subtracting the "allowable deductions" from each parent's income, and the parent's "personal allowance" from each parent's income. |
Allowable Deductions from Income |
Allowable deductions from income include those required by law, those required as a condition of employment, and those necessary for the production of income. |
Personal Allowance |
A parent's personal allowance equals 1.3 multiplied by the federal poverty guidelines for a one-person household. The parent's personal allowance is deducted when determining child support. |
Parental Share
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The parents' incomes available for child support are combined to determine the total income available for child support. Then, divide each parent's income available for child support by the total in order to determine each parent's share of the primary child support allowance. |
Primary Child Support Allowance
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Multiply the parent's personal allowance by the applicable figure below in order to determine the primary child support allowance:
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Montana Child Support Enforcement
Montana's Child Support Enforcement Division (CSED) provides child support enforcement services including:
- Locating absent parents
- Establishing paternity
- Establishing financial support orders
- Enforcing current and past-due child support, and
- Modifying child support orders
If you would like to enquire about any of the services listed above contact CSED's central office toll free at (800) 346-5437.
Additional Resources
- State Specific Child Support Information
- FAQ's: Enforcement of Child Support
- What Does Child Support Cover?
State laws change frequently. For case specific information regarding Montana's child support guidelines contact a local family law attorney.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.