Montana Divorce Procedures

Montana Divorce Procedures

Complete overview of Montana divorce laws for people considering a Montana divorce or filing a Montana divorce with issues to be resolved about child custody, child support, visitation and alimony.

Montana Divorce Residency Requirements

In order to file your Petition for Dissolution of Marriage in Montana, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Montana residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

The district court shall enter a decree of dissolution of marriage if: the court finds that one of the parties, at the time the dissolution of marriage was filed, was a resident of this state, or was stationed in this state while a member of the armed services, and that the domicile or military presence has been maintained for 90 days preceding the filing of the action.

The Dissolution of Marriage is typically filed with in county in which the filing spouse resides.

(Montana Code – Section 25 – Titles: 2-118 and Section 40 – Titles: 4-104)

Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of Montana. It is most common that people file for a dissolution of marriage in the county in which they live. If you are unsure of whether or not you meet the Montana residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.

Montana Grounds for Divorce

The Petition for Dissolution of Marriage is the initial document filed with the Montana court. It is in the document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court shall grant a dissolution of marriage according to any one of the following grounds:

No-Fault Based Grounds:
a) The marriage is irretrievably broken;
b) Living separate and apart for a period of at least 180 days prior to filing;
c) There is serious marital discord that adversely affects the attitude of one or both of the parties towards the marital relationship.

(Montana Code – Section 40 – Titles: 4-104)

Every dissolution of marriage case that is filed in the state of Montana must declare the grounds in which the dissolution of marriage is to be granted. The grounds for dissolution of marriage must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage, or agreeing to a dissolution of marriage, make sure that you completely understand the grounds and any potential legal repercussions.

Montana Uncontested Divorce

This information is an overview of the uncontested Montana divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Montana.

To file for a divorce in Montana, one of the spouses must be a resident of Montana for 90 days prior to the filing, and the action should be filed in the county where that spouse has been a resident for the 90 days.

Montana is a No-Fault state, which means “the irretrievable breakdown of the marriage shown by: 1) serious marital discord which adversely affects the attitude of both spouses towards the marriage and no reasonable prospect of reconciliation or 2) living separate and apart for 180 days prior to the filing.” Divorce actions are called dissolutions.

Montana permits a legal separation under the grounds of irretrievable breakdown when one of the spouses has been a resident of the state for 90 days.

Actions are filed in the District Court, which is the county court. The spouse filing the action is the Petitioner; the spouse responding is the Respondent. When both spouses file jointly under the state’s simplified or summary divorce law, they are Co-Petitioners.

Montana permits a summary dissolution of a marriage for couples, provided they meet a number of conditions, as follows:

a) One spouse or the other has lived in Montana for at least 90 days before the couple file a Joint Petition for Summary Dissolution;

b) Both spouses agree that irreconcilable differences have caused the irretrievable breakdown, and both agree that the marriage should be dissolved;

c) The wife is not pregnant and a) there are no children from the relationship, or b) the parties have an agreed-upon parenting plan and child support and medical support have been determined for all children of the marriage;

d) Neither spouse has any legal interest in any real estate (except the lease on a residence occupied by one spouse so long as the lease terminates in one year and does not have an option to purchase);

e) There are no unpaid, unsecured debts in excess of $8,000 incurred by either or both parties after they married;

f) The total fair market value of the couple’s assets is less than $25,000;

g) The couple have negotiated a separation agreement regarding the division of assets and payment of bills;

h) Each spouse gives up the right to maintenance;

i) Both permanently give up the right to appeal the terms and conditions of the dissolution;

j) Both agree to they do not want any help from the county conciliation court;

k) Both have read a state pamphlet about summary dissolution;

l) Both indicate they want the court to end the marriage.

A hearing is held some time after 20 days from the date the joint petition is filed. Both spouses must appear. If the couple meet all the required conditions, the district court judge enters a final judgment dissolving the marriage. Without a doubt, a summary dissolution is the least expensive and least problematic way to end a marriage in Montana.

A couple who cannot meet the requirements for a summary dissolution may file for a Joint Dissolution (no children) or a Joint Dissolution (with children). All joint dissolutions are by definition uncontested.

When filing for a Joint Dissolution (no children), the following forms are required:

a) A Joint Petition for Dissolution, which is signed by both spouses;

b) A Final Declaration of Disclosure of Assets, Debts, Income and Expenses, which profiles the finances of the spouses, individually and jointly;

c) Request for a Hearing and Order, which sets a date for a hearing;

d) Consent to Entry of Decree, which certifies agreement with the action by both spouses;

e) Findings of Fact, Conclusions of Law, and final Decree of Divorce, which also includes the separation agreement of the couple;

f) Notice of Entry of Decree, which certifies that the decree has been handed down;

g) Vital Statistics Form, which records the dissolution with the state.

If both spouses are planning to attend the final hearing, the Consent to Entry of Decree is not required. At the hearing the judge reviews the cases, asks a few routine questions, and then signs the dissolution decree.

When filing a Joint Dissolution (with children), all of forms required for a Joint Dissolution (no children) are required, plus the following:

a) A Proposed Parenting Plan, which establishes the terms and conditions of custody and visitation;

b) A Notice of Filing Child Support Guidelines Financial Affidavit, which stipulates child support;

c) A Notice and Acknowledgment to Child Support Enforcement Division, which stipulates third-party enforcement of child support.

As is the case with a Joint Dissolution (no children), when both spouses are planning to attend the final hearing, the Consent to Entry of Decree is not required. At the hearing the judge reviews the cases, asks a few routine questions, the signs the dissolution decree.

The following forms must be used when one spouse files to end a marriage when there are no children:

a) A Petition for Dissolution, which is signed by him or her;

b) A Petitioner’s Preliminary Declaration of Disclosure of Assets, Debts, Income and Expenses, which is a profile of his or her finances;

c) A Summons, which puts the respondent on notice of the action, and a Temporary Restraining Order, which prohibits the parties from dissipating financial assets subject to distribution.

Later, the Defendant must file these forms:

a) A Notice and Acknowledgment of Reciept of Summons and Petition for Dissolution;

b) A Praecipe, which is an order to the clerk of the court commanding the filing of the case.

A Respondent who will accept the service of process may be served by mail. In this case, he or she receives the Notice and Acknowledgment, the Petition for Dissolution, the Summons, the Petitioner’s Preliminary Declaration of Disclosure of Assets.

Service may also be done by the Sheriff in the county of residence. In this case, the following forms are sent to the Sheriff for delivery: the Praecipe, Summons (original and one copy), Petition for Dissolution, and Petitioner’s Preliminary Declaration of Disclosure of Assets, Debts, Income and Expenses.

If service by mail and by the sheriff fail to locate the Respondent, or if he or she will not accept service, the Plaintiff must make a diligent search for him or her. This involves a good faith effort to locate the spouse through exhaustive checks of telephone books, friends, relatives, former employers. If this fails, the Plaintiff must prepare an Affidavit for Publication of Summons, an Order for Publication of Summons, and a Summons for Publication. The summons is then published in a newspaper.

A Respondent who files an answer within 21 days of the date of service may be preparing to contest the dissolution. Contested dissolutions require all the forms used in uncontested actions, but their trajectory is impossible to predict because both the Plaintiff and the Respondent jockey for tactical and strategic advantages in the event the action goes to trial. A Respondent may file a counter-petition challenging some or all of the allegations in the Petition.

If after 21 days, the Respondent has not responded, the Plaintiff prepares the following documents:

a) Findings of Fact, Conclusions of Law, and final Decree of Divorce;
b) Request of Entry of Default, Application for Default Judgment, and Waiver of Final Disclosure Requirements;
c) Entry of Default, which orders the default judgment;
d) Request for Hearing and Order, which sets the final hearing;
e) Vital Statistics Form, which records the dissolution with the state.

A Dissolution of Marriage (with children) requires all of the forms for a Dissolution (no children) plus the following:

a) A Proposed Parenting Plan, which describes the terms and conditions of custody and visitation;
b) Notice of Filing Child Support Guidelines Financial Affidavit, which describes child support;
c) Notice and Acknowledgment to Child Support Enforcement Division, which stipulates third-party enforcement of child support.

Service is identical to the route for a Dissolution (no children). If the Respondent cooperates, he or she receives the Notice and Acknowledgment of Receipt of Summons and Petition for Dissolution, Summons, Petition, Proposed Parenting Plan, Petitioner’s Preliminary Declaration of Assets, Debts, Home, and Expenses, Notice of filing Child Support Guidelines Affidavit and Notice of Acknowledgment to Child Support Enforcement Division. If he or she is serviced by the sheriff, the Respondent receives Praecipe, Summons, Petition for Dissolution, Petitioner’s Preliminarily Declaration of Assets, Debts, Home, and Expenses, Notice of filing Child Support Guidelines Affidavit and Notice of Acknowledgment to Child Support Enforcement Division.

A Respondent has 30 days after the Entry of the Divorce of the Decree to appeal it.

Montana Simplified Divorce Procedures

Joint petitions for dissolution of marriage are allowed. In such cases, both spouses should be titled as “Co-Petitioners” on the petition. In addition, separation or settlement agreements are specifically authorized by law.

[Montana Code Annotated; Section 40, Title 4-107].

Each state has its own unique filing procedure. When filing for dissolution of marriage in Montana, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory dissolution of marriage documents to the county court. You will discover that some documents may be provided by the Montana Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Montana Laws and the filing requirements.

Montana Property Division Factors

In Montana, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the District Court within the Decree of Dissolution of Marriage.

Montana is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the District Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the District Court to be fair.

The court shall consider the following whether distributing the marital property upon dissolution of marriage: duration of the marriage and prior marriage of either party; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; custodial provisions; whether the apportionment is in lieu of or in addition to maintenance; and the opportunity of each for future acquisition of capital assets and income.

The following is also considered by the court; the contribution each spouse had to the acquisition of the marital property;

a) the nonmonetary contribution of a homemaker;
b) the extent to which such contributions have facilitated the maintenance of this property; and
c) whether or not the property division serves as an alternative to maintenance arrangements.

(Montana Code – Section 40 – Titles: 4-202)

Since Montana is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.

Montana Spousal Support/Maintenance/Alimony Factors

In Montana the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

When determining support, the court will consider the following relevant economic factors without considering any marital misconduct:

a) the financial resources of the party seeking maintenance and the ability he or she has to become self-supporting or care for any children;
b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
c) the standard of living established while married;
d) the length of the marriage;
e) the age and the health condition of the spouse seeking maintenance; and
f) the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

(Montana Code – Section 40 – Titles: 4-203)

Montana Child Custody Factors

In Montana, the court will make a custody award that is best for the children involved by considering these factors:

a) the wishes of the child’s parent or parents;

b) the wishes of the child;

c) the interaction and interrelationship of the child with the child’s parent or parents and siblings and with any other person who significantly affects the child’s best interest;

d) the child’s adjustment to home, school, and community;

e) the mental and physical health of all individuals involved;

f) physical abuse or threat of physical abuse by one parent against the other parent or the child;

g) chemical dependency, or chemical abuse on the part of either parent;

h) continuity and stability of care;

i) developmental needs of the child;

j) whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child’s best interests;

k) whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child’s best interests;

l) whether the child has frequent and continuing contact with both parents, which is considered to be in the child’s best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child’s best interests.

m) adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.

(Montana Code – Section 40 – Titles: 4-104, 4-108 and 4-212)

In Montana, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

Montana Child Support Factors

Either or both parents may be ordered to pay child support, based on a consideration of the following factors:

a) the financial resources of the child;
b) the standard of living the child would have enjoyed if the marriage had not been dissolved;
c) the physical and emotional conditions and educational and medical needs of the child;
d) the financial resources, needs, and obligations of both the noncustodial and the custodial parent;
e) the age of the child;
f) the cost of any daycare;
g) the parenting plan for the child;
h) the needs of any other person that a parent is obligated to support; and
i) the provision of health and medical insurance for the child.

A portion of the parents’ property may be set aside in a trust fund for the support of the children. A parent may be ordered to provide health insurance coverage for a child if such coverage is available at a reasonable cost. There are uniform child support guidelines adopted by the Department of Public Health and Human Services that are to be considered by the court. Child support payments may be required to be made through the Department of Health and Human Services.

[Montana Code Annotated; Section 40, Titles 4-204 and 5-209].

Montana child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Montana child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Montana child support deviation factors that may be applicable to the situation.

Montana Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted in regard to a child as to whom a disposition has been made under Title 41 or when the court finds that the visitation would be in the child’s best interest. Title 40, Chapter 9, Section 40-9-101 (M.C.A. §40-9-101 et seq.).

When Adoption Occurs: Visitation rights terminate on adoption by anyone other than a stepparent or a grandparent.

Child Custody Statutes: Factors: (1) parties’wishes; (2) child’s wishes; (3) interaction and interrelationship between child and parties, siblings, and other significant persons; (4) child’s adjustment to home, school and community; (5) mental and physical condition of all persons involved; (6) any physical abuse, or threat of physical abuse, against a party or the child; (7) any chemical dependency or abuse of either party; and (8) any other relevant factor. M.C.A. §§40-4-212.

Parents May Choose: Yes

Montana Military Divorce Laws

A Montana military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Montana Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Montana court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Montana court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

a) You or your spouse must reside in Montana
b) You or your spouse must be stationed in Montana

Grounds for Montana Military Divorce

The grounds for a military divorce in Montana are the same as a civilian divorce.

Dividing the Property

Along with the normal Montana property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Montana, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Montana child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Montana Child Support Guidelines

The Montana child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Montana child support order.

Montana Child Support Guidelines

• Income Share Model: NO
• Percent of Income Model: NO
• Worksheets Available: YES
• Extraordinary Medical Expenses Add on: YES
• Childcare Add on: YES
• Secondary Education Support: NO
• UIFSA: YES

Montana Child Support Definitions

Definitions:

1. “Actual income” is defined in ARM 37.62.106.
2. “CSED” means the child support enforcement division of the department of public health and human services.
3. “Department” means the department of public health and human services.
4. “Federal poverty index” means the minimum amount of income needed for subsistence. The amount is developed by the U.S. office of management and budget, revised annually in accordance with 42 USC 9902, and published annually in the federal register.
5. “Guidelines” means the administrative rules for establishment of child support as provided in ARM Title 37, chapter 62, subchapter 1, as
promulgated in 40-5-209, MCA.
6. “Imputed income” is defined in ARM 37.62.106.
7. “Legal dependent” means natural born and adopted minor children, spouses, special needs adult children, household members covered by a
conservatorship or guardianship, and parent’s parents living in the household who are claimed on tax returns as legal dependents.
8. “Long distance parenting” is defined in ARM 37.62.130.
9. “Other child” means a child whom a parent is legally obligated to support but who is not the subject of the child support calculation. A step-child is not considered an other child.
10. “Personal allowance” is defined in ARM 37.62.114.
11. “Pre-existing support order” means an order entered by a tribunal of competent jurisdiction prior to the calculation or recalculation of support.
12. “Primary child support allowance” is defined in ARM 37.62.121.
13. “SOLA” means standard of living adjustment.
14. “Standard of living” includes the necessities, comforts and luxuries enjoyed by either parent, the child or both parents and the child, which are needed to maintain them in customary or proper community status or circumstances.
15. “Subsequent child” is defined in ARM 37.62.146.
16. “Transfer Payment” is defined in ARM 37.62.136. (History: Sec. 40-5-203, MCA; IMP, Sec. 40-5-209, MCA; NEW, 1998 MAR p. 2066, Eff. 11/01/98.)

Definition of Income:

(1) Income for child support includes actual income, imputed income, or any
combination thereof which fairly reflects a parent’s resources available for child support. Income can never be less than zero.
(2) Actual income includes:
(a) economic benefit from whatever source derived, except as excluded in (3) of this rule, and includes but is not limited to income from salaries,
wages, tips, commissions, bonuses, earnings, profits, dividends, severance pay, pensions, periodic distributions from retirement plans, draws or advances against earnings, interest, trust income, annuities, royalties, alimony or spousal maintenance, social security benefits, veteran’s benefits, workers’ compensation benefits, unemployment benefits, disability payments, earned income credit and all other government payments and benefits. A history of capital gains in excess of capital losses shall also be considered as income for child support.
(b) gross receipts minus reasonable ordinary and necessary expenses required for the production of income for those parents who receive income or benefits as the result of an ownership interest in a business or who are self-employed. Straight line depreciation for vehicles, machinery and other
tangible assets may be deducted if the asset is required for the production of income. The party requesting such depreciation shall provide sufficient information to calculate the value and expected life of the asset. Internal revenue service rules apply to determine expected life of assets. Business expenses do not include deductions relating to personal expenses, or expenses not required for the production of income.
(c) the value of non-cash benefits such as in-kind compensation, personal use of vehicle, housing, payment of personal expenses, food, utilities, etc.
(d) grants, scholarships, third party contributions and earned income received by parents engaged in a plan of economic self-improvement, including students. Financial subsidies or other payments intended to subsidize the parent’s living expenses and not required to be
repaid at some later date must be included in income for child support.
(e) allowances for expenses, flat rate payments or per diem received, except as offset by actual expenses. Actual expenses may be considered only to the extent a party can produce receipts or other acceptable documentation. Reimbursements of actual employment expenses may not be considered income for purposes of these rules.
(3) Income for child support does not include benefits received from means-tested veteran’s benefits and means-tested public assistance programs including but not limited to the former aid to families with dependent children (AFDC), cash assistance programs funded under 3 the federal temporary assistance to needy families (TANF) block grant, supplemental security income (SSI), food stamps, general assistance and child support payments received from other sources.
(4) For lump sum social security payments, social security benefits received by a child of the calculation as the result of a parent’s disability,
refer to ARM 37.62.144.
(5) In determination of a parent’s income for child support, income attributable to subsequent spouses, domestic associates and other persons who are part of the parent’s household is not considered. If a person with a subsequent family has income from overtime or a second job, that income is presumed to be for the use of the subsequent family, and is not included in income for child support for the purposes of determining support for a prior family.
(6) “Imputed income” means income not actually earned by a parent, but which will be attributed to the parent based on:
(a) the parent’s earning potential if employed full-time;
(b) the parent’s recent work history;
(c) occupational and professional qualifications;
(d) prevailing job opportunities in the
community and earning levels in the community.
(7) Income should be imputed whenever a parent:
(a) is unemployed;
(b) is underemployed;
(c) fails to produce sufficient proof of income;
(d) has an unknown employment status; or
(e) is a full-time student whose education or retraining will result, within a reasonable time, in an economic benefit to the child for whom the support obligation is being determined, unless actual income is greater. If income to a student parent is imputed it should be determined at the parent’s earning capacity based on a 40 hour work week for 13 weeks and a 20 hour work week for the remaining 39 weeks of a 12 month period. (This is an annual average of 25 hours per week.)
(8) When income is imputed to a parent, federal earned income credit (EIC) should not be added to income and child care expense should not be deducted from income when the effects are offsetting.
(9) Income should not be imputed if any of the following conditions exist:
(a) the reasonable costs of child care for dependents in the parent’s household would offset in whole or in substantial part, that parent’s imputed income;
(b) a parent is physically or mentally disabled to the extent that the parent cannot earn income;
(c) unusual emotional and/or physical needs of a legal dependent require the parent’s presence in the home.
(d) the parent has made diligent efforts to find and accept suitable work or to return to customary self-employment, to no avail; or
(e) the court or hearing officer makes a finding that other circumstances exist which make the imputation of income inequitable. However, the amount of imputed income shall be decreased only to the extent required to remove such inequity.

ALLOWABLE DEDUCTIONS FROM INCOME

(1) Allowable deductions from income include:

(a) the amount of alimony or spousal maintenance which a parent is required to pay under a court or administrative order.
(b) an amount for the needs of all “other” children as defined in ARM 37.62.103(9), determined as follows:
(i) when establishing a child support obligation, deduct:
(A) the total of any pre-existing support orders for the other children; and
(B) an amount equal to one-half of the primary child support allowance as found in ARM 37.62.121 for the number of other children for whom no support order exists. These include children who reside with the parent as well as children who do not.
(ii) when modifying a current child support order, deduct the amount determined under ARM 37.62.146.
(c) the amount of any health insurance premium which either parent is required to pay under a court or administrative order for a child not of this calculation;
(d) the actual income tax liability based on tax returns. If no other information is available, use the tax tables which show the amount of  withholding for a single person with one exemption;
(e) the actual social security (FICA plus medicare) paid;
(f) actual unreimbursed expenses incurred as a condition of employment such as uniforms, tools, safety equipment, union dues, license fees, business use of personal vehicle and other occupational and business expenses;
(g) actual mandatory contributions toward internal revenue service (IRS) approved retirement and deferred compensation plans. Mandatory
contributions are fully deductible;
(h) one-half reasonable expenses for items such as child care or in-home nursing care for the parent’s legal dependents other than those for whom support is being determined, which are actually incurred and which are necessary to allow the parent to work, less federal tax credits. Do not  deduct imputed child care expenses when imputing income;
(i) extraordinary medical expenses incurred
by a parent to maintain that parent’s health or earning capacity which are not reimbursed by insurance, employer, or other entity; and
(j) court ordered payments except as excluded under ARM 37.62.111.
(k) cost of tuition, books and mandatory student fees for a parent who is a full-time student as anticipated under ARM 37.62.106(7)(e).

(2) Allowable deductions from income for child support differ from allowable deductions for tax purposes.

NON-ALLOWABLE DEDUCTIONS FROM INCOME

(ARM 37.62.111)
(1) Deductions which are not allowable under these rules include:
(a) payroll deductions for the convenience of the parent, such as credit union payments and savings;
(b) a net loss in the operation of a business or farm used to offset other income;
(c) investment losses outside the normal course of business;
(d) expenses incurred for the support of a spouse capable of self-support;
(e) payments for satisfaction of judgments against a parent related to the purchase of property for the parent’s personal use;
(f) bankruptcy payments except to the extent that they represent debts for expenses which would otherwise be deductible; or
(g) a stepchild and associated costs.

PERSONAL ALLOWANCE

(ARM 37.62.114)
(1) Personal allowance is an amount which reflects 1.3 multiplied by the federal poverty index guideline for a one person household. This amount is deducted when determining child support. Personal allowance is a contribution toward, but is not intended to meet the subsistence needs of parents.

(2) Adjustments for the needs of other legal dependents of a parent are limited to those provided for in ARM 37.62.110.

SUPPLEMENTS TO PRIMARY CHILD SUPPORT ALLOWANCE

(ARM 37.62.123)
(1) The primary child support allowance is supplemented by:

(a) reasonable child care costs incurred by a parent for children of the calculation as a prerequisite to employment. The child care expense is reduced by the federal dependent care tax credit;
(b) costs required for health insurance coverage for the children of the calculation. Include only those amounts which reflect the actual costs of covering the children; and
(c) other needs of the child as determined by the circumstances of the case, including other health related costs.

(2) The total supplemental needs of the child are divided proportionately between the parents according to the parental share determined under 37.62.118.
(3) Each parent will receive credit for the amount of the supplemental needs paid by that parent.

MINIMUM SUPPORT OBLIGATION

(ARM 37.62.126)
(1) A specific minimum contribution toward child support should be ordered in all cases when the parent’s income is insufficient to meet the parent’s personal allowance or the parent’s child support obligation is less than 12% of that parent’s income after deductions.

Montana Dissolution of Marriage Definitions

This collection of definitions will help clarify some unique characteristics to the Montana Dissolution of Marriage laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the Dissolution of Marriage with the court.

Court Name:
District Court for the State of Montana and for the County of ___________

The proper name of the court in which a Dissolution of Marriage is filed in the state of Montana. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage

The title and name of the legal document that will initiate the Montana Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Dissolution of Marriage Document:
Findings of Fact, Conclusions of Law, and Final Decree of Dissolution

The title and name of the legal document that will finalize the Montana Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

Irretrievable breakdown of the marriage is the only grounds for legal separation in Montana. One of the spouses must be a resident of Montana for 90 days immediately prior to filing for legal separation.

[Montana Code Annotated; Section 40, Title 4-104].

Property Distribution:
Equitable Distribution

The applicable Montana law that will dictate how property and debt is to be divided upon Dissolution of Marriage.

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