Skilled Guidance In Child Support And Other Family Law Matters

Child support is often a contentious aspect of divorce cases because it keeps ex-spouses financially tied to one another in ways that they no longer wish to be. But it is important to keep the purpose of child support always in mind: to financially provide for the needs of the former couple’s shared children. At P. Mars Scott Law Offices, our attorneys can guide you through all aspects of your family law case, including child support awards and modifications. We have nearly 50 years of combined legal experience serving the needs of clients in the Missoula area.

We Are Here For Whatever Your Case Requires

If your divorce or separation involves children who are minors, you will need to determine whether one parent pays child support to the other and, if so, in what amount. In Montana, child support must be calculated pursuant to a complex formula set by state law. Our firm provides the following services and more:

• Preparing or reviewing child support financial affidavits: This form, which must be filled out by both parents, outlines each person’s financial situation and asks for information about each child, his or her expenses and the amount of time each child spends with each parent.
• Determining the income of a self-employed, unemployed or underemployed parent: Calculating child support may be more difficult if you or your co-parent do not have a traditional job or are unemployed. We can help determine your income for child support as well as the proper income amount of your co-parent. We can evaluate whether you are paying or receiving an appropriate amount of child support under Montana law.
• Assisting in child support modifications: If you or your co-parent have experienced significant changes in income, child-related expenses, parenting time or other aspects of your financial situation, we can assist you in applying for a modification of your child support order.
• Producing child support calculations: We can prepare child support calculations in accordance with Montana Child Support Guidelines.

The final child support amount can deviate from the statutory formula if the parties agree or if there is good cause to do so, such as in situations involving a child with special needs.

Answers To Your Questions About Child Support

Child support law in Montana can be uncertain for parents. Those unfamiliar with the law and how the equations work need answers, and we can provide them. The first questions we are asked are often these:

What factors influence child support in Montana?

Child support needs in Montana are a reflection of the various needs of the children it’s meant to support. We’ll discuss those in a later question. But another dimension that courts can and do consider is the material resources of the parents: assets, debts, income and other liabilities.

What happens if a parent fails to provide the required support?

A parent who does not provide adequate support to their children is in violation of a court order. There are three potential consequences for that:

• Contempt: The court finding that an order is violated can and often will hold the payer in contempt of court. This comes with jail time and fines.
• Criminal charges: It is a violation of the law to withhold child support in Montana. The charge is called “nonsupport of a family,” and it carries fines and jail time.
• Wage garnishment: Habitual delinquency may lead to a court order to garnish wages to pay support in the future.

If your co-parent remains delinquent on child support payments, you have every right to pursue the next steps to secure what you deserve.

What does the support help cover for parents and children?

Support is designed to meet the needs of the child. And those needs can include:

• Medical needs: Financial support for any physical or medical needs.
• Educational needs: Financial support for unique educational requirements.
• Lifestyle needs: Financial support for housing, clothing and food.

Children deserve the support of their parents to grow, and the possible areas of support are not limited to the above. However, these are the most common concerns of a support order.

Get The Experienced Legal Help You Need – Contact Our Attorneys Today

Contact our offices by calling 406-303-2142 or email our firm to speak to a member of our team and find out how we can help you.