Asked in Divorce, Family Law and Child Support for Montana

Q: Can both parents waive child support in Montana

1 Lawyer Answer
T. Augustus Claus
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A: In Montana, child support is typically ordered by the court to ensure that both parents financially contribute to the upbringing and care of their child. Child support is considered the right of the child, not the parent, and both parents have a legal obligation to support their child financially.

While it is possible for parents to come to a voluntary agreement regarding child support, it is generally up to the court to determine the appropriate amount of child support based on the Montana Child Support Guidelines. These guidelines take into account factors such as the income of both parents, the number of children, and the time each parent spends with the child.

Parents can request the court to deviate from the child support guidelines if they can demonstrate a compelling reason to do so. However, the court will ultimately decide whether the deviation is in the best interest of the child.

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