P. Mars Scott Law Offices 2026-06-08T19:20:33Z https://www.pmarsscott.com/feed/atom/ WordPress /wp-content/uploads/sites/1605034/2022/04/cropped-mars-site-icon-32x32.png On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46227 2024-11-21T03:46:12Z 2022-04-11T16:42:48Z

Get child support legal help:

• 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 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’s income has changed significantly, if expenses related to your children have changed, if the amount of time you parent your children has change, or if some other aspect of your financial life has changed, we can help you apply 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.

Contact Our Offices Today [nap_phone id="LOCAL-REGULAR-NUMBER-1"]to Speak to a Member of Our Team to Find Out How We Can Help You.]]> On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46226 2024-11-21T03:46:22Z 2022-04-11T16:41:06Z

Child “Custody” and “Parenting Plans” in Montana In 1998, Montana changed its laws which govern parenting between separated or divorced parents.  As part of those changes, the State did away with the term “custody” from our laws, and instead requires parents, and the Courts, to address three subject matters within a “parenting plan.” All three subject matters must be addressed in a parenting plan. The three subject matters are:

• The residential schedule
• Decision making
• Child support and medical support

Residential Schedule: A residential schedule can be as specific as “the child will reside with Mom beginning at 5:00 p.m. on the first Friday of the month, for a period of four (4) consecutive days, and ending at 5:00 p.m. on the following Tuesday.  The child will again reside with Mom beginning at 5:00 p.m. on the third Friday of the month, for a period of seven (7) consecutive days, and ending at 5:00 p.m. on the following Friday.  The child will reside with Dad at all other times.” Or, the schedule can be as generic as “the parties agree that the minor child will reside primarily with mom, and spend time with Dad as the child’s schedule permits and the parties are able to agree.”  The possibilities for a residential schedule are endless, and so there is much flexibility and discretion within the Courts and Montana Law to come up with a schedule which best meets the needs of each child and family. Our office, and our parenting consultant, can help you to determine what schedule works best for your child and your family. Decision Making: Similar to the residential schedule, decision making can be as specific, or as generic, as the parties, or Court, deem appropriate.  In most cases, each parent will be authorized to make day-to-day decisions for the child while the child resides with that parent.  This means that the parent the child is residing with decides things like what the child eats, what TV show to watch, and what time to go to bed.  Most large decisions, such as getting a driver’s license, getting married before reaching the age of 18, or getting a tattoo before reaching the age of 18, require the joint consent of the parents.  Other decisions, from choosing a medical provider to setting routine appointments to agreeing on a course of treatment such as orthodontics, are usually determined with more particularity based on the circumstances of the parties and their child. Child Support: In Montana, child support is required to be calculated pursuant to the Montana Child Support Guidelines, which provide a formula for determining child support. After child support is calculated, the parties can agree to vary from the guidelines amount, or the court can order a variance, if such a variance is in the best interests of the child.  However, the child support calculations must be completed in all parenting cases. The calculations are somewhat complex; our office can assist you in determining the correct amount of child support under the Montana Child Support Guidelines, and in deciding if a variance is appropriate for your family. Parenting Plan: A complete parenting plan sets out each party’s rights and responsibilities toward their child.  When carefully drafted and tailored to the needs of a family, it can help avoid disputes and conflict between the parents, provide a sense of security and stability to a child, and allow the child’s school, doctors, and other caregivers to know who can give consent or make decisions relating to the child. By: Ryan A Phelan P. Mars Scott, P.C. Law Offices]]> On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46197 2024-11-21T03:46:35Z 2017-12-17T17:17:24Z

What does estate planning involve?”]]> On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46202 2025-07-14T14:00:20Z 2017-10-25T16:17:31Z

File a verified, signed petition for dissolution with parenting plan if there are minor children.

Have a summons issued which includes the automatic property restraining order.

Serve your spouse.

Your spouse then has 21 days to file a verified, signed response to the petition for dissolution and their proposed parenting, if appropriate.

Preliminary disclosure statements of all income, debts, assets and liabilities are due within 60 days of the filing of the petition for dissolution.

Both parties can then file temporary motions for interim child support, interim maintenance, interim family support, restraining orders, professional fees, interim parenting plan, control of the residence, and other necessary interim relief.

The Court will issue a scheduling order setting deadlines for certain things to be done including completing discovery of information and documents necessary to prosecute your case.

Unless you are able to settle your case beforehand you may attend a settlement conference to see if it is possible resolve all property and parenting issues without going to trial.

If all issues are not resolved at (or before) the settlement conference, then final disclosure statements are due 45 days before the trial date.

The Court will conduct and trial and will decide all unresolved issues between the parties.

If either party believes the district court errored in its decision, either party may appeal within 30 days of the notice of the entry of the decree.

The Dissolution process can be complicated and may feel overwhelming. Our office tracks deadlines for all cases which we handle, and can draft all of the documents you need in order to advocate for your position with the court. If you find yourself in need of assistance, have a question or are feeling completely overwhelmed, give us a call.]]> On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46204 2025-07-14T14:00:47Z 2017-08-02T16:17:32Z

What is the standard of value?                     The starting place for any business valuation is the valuation standard, also commonly referred to as the standard of value. Different valuation standards exist to account for the different circumstances under which a business may be valued. For example, a different valuation standard may be used depending on whether the business is being sold, kept by the current owner to keep operating, or dissolved completely. While some states define the appropriate valuation in a divorce, most, including Montana, allow the court to choose the valuation standard it believes is appropriate based on the evidence presented. However, we generally see three valuation standards used in our divorce cases in Montana: 1) fair market value, 2) fair value or investment value, and 3) liquidation value. Fair Value (Investment Value) vs. Fair Market Value vs. Liquidation Value Fair Market Value Fair market value is generally defined as the amount at which a property would change hands when there is a willing buyer and a willing seller when neither is acting under compulsion and when both have reasonable knowledge of the relevant facts. Fair Value For practical purposes, fair value and investment value are considered under same set of circumstance: they are the value to the owner of the business opposed to the value to a prospective buyer. These valuation methods generally do not allow business owners to discount the value of their share due to lack of control or for marketability.  Thus, if there are no plans to sell a business it is prudent to consider its value without these discounts applied. Conversely, if there are plans to sell the business, it is prudent to consider the business value with these discounts applied. Liquidation Value Liquidation value is the total worth of the company’s physical assets if it were to go out of business. Liquidation value may be used when the business is going out of business and not being sold to a third party who intends to operate it as a going concern. NOTE: Nothing in this article is intended to constitute legal advice. Every divorce situation is unique and the information provided here is intended only to be general information. If you would like us to assist you with specific questions regarding your case, please contact our firm.]]> On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46201 2024-11-21T03:48:10Z 2017-08-02T16:17:31Z

Obergefell decision, who did not get married after the Obergefell decision, and who are now separating, are likely find themselves without a solid legal framework to resolve a property dispute. Because Montana’s marital property division statute does not apply to this segment of the population and the circumstances might not be proper to rely on general property principles, the applicable question becomes: “If, and if so, then how, to divide property between them?” Because these issues are new to Montana, many courts do not have much experience with them and many law practitioners are unfamiliar with the legal arguments and laws to rely on in arguing one way or another. This lack of legal framework can lead to numerous hours of research and analysis to formulate an effective strategy, which ultimately, causes increased legal fees. However, our practitioners have developed this legal framework and already have the knowledge and experience to help. If you find yourself in a similar situation and in need of help, give us a call for an initial consultation.]]> On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46208 2024-11-21T03:48:19Z 2017-05-24T16:17:34Z

On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46198 2024-11-21T03:49:40Z 2017-03-03T17:17:24Z

Petition for Dissolution /Economic Restraining Order:  When a Petition for Dissolution is filed, the Clerk of the District Court issues a summons that automatically imposes an economic restraining order on either party transferring any interests in their marital property including changing beneficiaries on life and health insurance policies.  Parties may still conduct business in the ordinary course, but first they need the approval of the court, or the other party, before undertaking extraordinary expenditures, transferring property, or making other changes to their financial holdings. Temporary Orders:  Upon the filing of the Petition, either party may request orders for interim parenting issues or temporary support for the family expenses to one another.  Parties may also request a temporary order of protection which governs the communication and contract between the parties. Disclosure:  In Montana, both parties have a duty to disclose all of their assets, liabilities, income and expenses.  Failure to do so results in a presumption that the undisclosed asset is transferred to the other party or that the undisclosed liability is awarded to the party not disclosing it. Discovery:  Discovery is the process to obtain evidence regarding the facts of the case. Discovery is different in each case, and an experienced attorney can help tailor this process to make it as effective and efficient as possible. During discovery, each party provides information requested by the other party; typically documents such as financial records, credit card statements, income tax returns, bank statements, employments records, and life insurance policies. Some of this information might be subpoenaed, the witnesses may include, employers, doctors, counselors, neighbors, and family members. The parties also have to disclose the names of fact and expert witnesses who may testify at trial. Each party may take the deposition of the other party and witnesses. Honest disclosure of all assets and liabilities is essential for obtaining a fair and equitable division of all of the property.  Unfortunately, some parties are not forth coming and honest.  We have experience dealing with issues related to fully disclosing assets and liabilities. Settlement Conferences:  Settlement can occur at any point in the litigation process. In Montana, most courts require the parties to attend a settlement conference before the court will set the case for trial. However, this process does not require the parties to negotiate face-to-face with one another. Having the assistance of an experienced attorney during a settlement conference can help you to ensure that you get the best possible negotiated agreement, and that you consider issues like the tax consequences or a property distribution or maintenance award. Final Preparation for Trial:  About a month before trial, both parties submit pre-trial documents to the court which set out how they propose that the various issues such as property division, parenting, and child support should be resolved by the court.  The complexities of the issues usually determine how much time will be devoted to trial preparation.  Generally more time is spent in trial preparation than in the actual trial.  Trial preparation includes talking with witnesses, preparing exhibits, and drafting direct and cross examination questions as well as anticipating and preparing to meet the tactics and strategy of the opposing side. Trial:  At trial, each party presents evidence on the contested issues.  Determination of the separate property of a party, division of the property and liabilities, and determine the validity and meaning of premarital and post-marital agreements are some of the most common contested issues in a divorce case.  If minor children are involved, the contested issues may include the rights and duties of each parent, who the child or children will reside with, the parenting schedule, whether child support will be paid and the amount of the child support. At trial, each party testifies under oath about facts that are relevant to the contested issues.  Each party may also call witnesses to testify.  Typically documents relevant to one or more of the issues are offered into evidence. Post-trial:  At the conclusion of the trial, the court will generally allow the parties to supplement their trial documents to conform to the evidence presented. The court then issues a final decree. Appeal:  If either party believes a mistake of law has been made in the Final Decree, in Montana, a party has the right to appeal the District Court’s decision directly to the Montana Supreme Court within 30 days after a Final Decree is entered by the Court. By: P. Mars Scott  ]]> On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46207 2024-11-21T03:49:48Z 2016-05-25T16:17:34Z

Read full article on Upworthy]]> On Behalf of P. Mars Scott Law Offices https://www.pmarsscott.com/?p=46209 2024-11-21T03:50:00Z 2016-05-18T16:17:35Z

You are more likely to spend less time in the courtroom. When your parenting coordinator is there to help by offering guidance or even making decisions when you can’t come to one, you’ll spend less time arguing with your co-parent to no end. When you’re not arguing as much, you are also less likely to make countless return trips to court. In turn, this will also help you to save money by not having to spend more on legal fees. Read full article on our family wizard]]>