Montana Child Support

No. Payments are not tax-deductible by the person making them.

Only one parent can claim the child as a dependent on their tax returns in Montana. Typically, the custodial parent will be eligible to claim the child as a dependent on their taxes.

No, support will be collected after income has already been taxed.

Yes. Montana enforces federal offset or the interception of federal tax returns as required by federal law. This will occur regardless of whether payments are being made.

Fathers can establish paternity by voluntarily acknowledging the child through a signed affidavit. Otherwise, they will need a court action to establish paternity. After a child is born, genetic testing can serve as a basis for a presumption of paternity in Montana.

If the father is not on the birth certificate, then he will need to file a court order to establish paternity. Otherwise, he will not maintain a right to visit or maintain custody of the child.

No. You can seek a Montana court action to seek a paternity test through Montana’s courts.

If the father is deceased, then establishing paternity may still be possible through court-ordered genetic testing of living family members.

Fathers may be able to order a paternity test even without the mother’s approval in certain circumstances. He will need to file a court action after the child is born.

An acknowledgment or affidavit of paternity (AOP) can be signed at the hospital within 72 hours of the child's birth in Montana, or at the local health department. Both the mother and the father must sign the affidavit. Within 60 days of the signing the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing.

Support can only be modified when circumstances dramatically change which would make the agreement unconscionable or when both parties give written consent. 

Modifications may be requested when your income has significantly changed or when the child’s living circumstances have changed.

To request a modification of support, you need to file a request for review with the Child Support Enforcement Division. The agency will investigate the situation and either deny or agree with the modification requests.

A final decision can be appealed to the court.

Parents can represent themselves while requesting a modification in support orders, but an experienced lawyer will greatly improve the likelihood of getting your requests approved.

Once a request for enforcement has been filed enforcement actions can begin within several months.

Missed child support payments should be reported to the agency immediately, but sometimes it’s advisable to hire an attorney to expedite a court order.

When payments are not being made, the agency can work together with family court judges to report your failure to pay to credit bureaus, intercept your federal tax return, withhold income and even suspend your driver’s license, occupational licenses or hunting licenses.

Federal law dictates that a failure to pay the support for over two years or an amount exceeding $10,000 can be prosecuted as a criminal felony.

No, but Montana has a statute of limitations on support enforcement of ten years.

The Child Support Enforcement Division of the Montana Department of Public Health and Human Services enforces child support order in conjunction with the courts and the IRS.

Processing times are affected by things like whether or not paternity needs to be established and if a non-custodial parent can be located.

Yes, the custodial parent can file a modification request if circumstances have changed.

When the child turns 19, graduates high school or is legally emancipated.

19 is the legal age to stop paying child support. The support can be terminated under three circumstances. Support ends when the child graduates high school, turns 19-years-old or is legally emancipated.