Divorce Guide

Divorce Guide


Montana Divorce Support


Regarding Montana divorce support family court is the ultimate authority to decide on different aspects. Whether the support is applicable or not, who will get the spousal support and to what extent all these are decided by the court. Montana divorce support is awarded along with the decree of the divorce. Different issues related to the Montana divorce support is decided by the court on the basis of the state statutes and the circumstantial evidences provided by the parties.

MT spousal support Spousal support in Montana is awarded by the court on the basis of the Montana Code - Section 40 - Titles: 4-203. Spousal support is generally ordered by court on the basis of the petition filed by one of the spouses. In some cases the court can also take the initiative to order the spousal support in favor of the financially weaker spouse. The type of the spousal support and the amount need to be paid as spousal support is decided by the court on the basis of the following factors.
  • Financial resources of the party who is seeking for the spousal support as well as that of the party who will pay the financial support.
  • Martial properties and any other properties held by the parties and income from those properties.
  • The issue of the child custody, visitation and child support and any other financial obligation of both the parties.
  • Education, vocational training, employability of the unemployed spouse and required time to get a suitable job.
  • Duration of the marriage.
  • Age and physical and mental health of the parties.
MT child support The issue of the child support is decided by the Montana courts according to the Montana Code - Section 40 - Titles: 4-204, 5-209. In the state of Montana the child support is decided by the court by using the Percentage of Income formula. In this process a percentage of income of the non custodian parent is calculated as child support according to the number of children. The court also considers the age and health of the child, cost of education and day care health insurance while deciding on the amount of the child support.

MT property division in diovrce In the state of Montana the marital properties are divided by the court between the spouses according to the Montana Code - Section 40 - Titles: 4-202. As Montana is an "equitable distribution" state all the marital properties are divided equitably by the court in manner that is suitable for both the spouses.

While deciding on the Montana divorce support the court always takes a note of the financial requirement and resources of both the parties. Then the settlement is made in such a way that both of them can maintain the same standard of life that was attained during the marriage.


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