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Parker, Heitz & Cosgrove, PLLC

Parker, Heitz & Cosgrove, PLLC

Billings, United States

Founded in 1986
5 people in their team
What are we (About our Firm)Parker, Heitz & Cosgrove largely handles trials and litigation in state and federal court in Montana.OUR...
English

About Child Support Law in Billings, United States

Child Support laws in Billings, United States, are designed to ensure that both parents contribute towards meeting the financial needs of their children. This is generally handled by the Montana Department of Public Health and Human Services’s Child Support Enforcement Division. The child support enforcement program aims to collect support from non-custodial parents for the benefit of their children. The amount of child support ordered is typically based on the Montana Child Support Guidelines, which include elements like both parents' net income, child care costs, healthcare expenses, and more.

Why You May Need a Lawyer

A lawyer can be indispensable in situations where the calculation of child support payments is complex, when the non-custodial parent is not forthcoming with financial information, where there are disputes regarding custody, or in situations involving multiple jurisdictions. They can also help negotiate agreements in a way that best serves your and your child’s interests and ensure the enforcement of child support orders.

Local Laws Overview

The Montana Child Support Guidelines are used to determine the amount of child support. The guidelines rely on an 'Income Shares Model.' Under this model, the court combines the total income of both parents and then splits it proportionally based on the ratio of each parent's income. The guidelines take into account the cost of child care, health insurance premiums, the child's needs, and any special circumstances, among other factors. The non-custodial parent is typically required to pay a percentage of their income in proportion to their contribution towards the combined income.

Frequently Asked Questions

Can child support orders be modified?

Yes, child support orders can be reviewed and modified to reflect changes in the situation of parents or children. However, you would need to establish a significant change in circumstances since the last order.

What happens if the non-custodial parent refuses to pay child support?

If a non-custodial parent fails to pay child support, the Child Support Enforcement Division can garnish wages, withhold income tax refunds, suspend licenses, or even bring criminal charges.

How long is child support required to be paid?

Child support is usually required until the child reaches the age of 18. If the child is still in high school at that point, support may continue until they graduate or reach the age of 19.

Can visitation rights be denied if child support isn't paid?

No, child support and visitation rights are treated separately. Parents cannot deny visitation rights because child support has not been paid.

Does remarrying or having more children affect child support?

Remarrying can potentially affect child support if a parent's household income changes significantly. If a parent has more children, it may also impact the amount of child support paid, especially if a hardship for the new child is demonstrated.

Additional Resources

The Montana Department of Public Health and Human Services’s Child Support Enforcement Division’s (CSED) website offers a wealth of information and resources related to child support laws, rights, and responsibilities. The Montana Legal Services Association can also provide free legal aid to qualifying individuals needing assistance with child support cases.

Next Steps

If you need legal assistance with child support in Billings, consider contacting a family law attorney experienced in child support issues. Prepare a list of questions and gather all pertinent documents pertaining to your income, the other parent's income, child care costs, and the existing child support agreement, if any. Your attorney can help you navigate through the legal process and ensure your child's best interests are served.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.