Even if the non-custodial parent lives outside the state of Montana, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Montana child support law to collect regular and past-due payments.
The Montana Child Support Enforcement Division is the state-run child support enforcement office for Montana. The Montana Department of Public Health and Human Services is required by federal law to provide services through Child Support Enforcement Division (CSED) and is funded by the federal government and the state of Montana.
|MONTANA CHILD SUPPORT ENFORCEMENT DIVISION CASELOAD STATISTICS1|
|Full Time Equiv. Staff||165|
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
If the Montana Child Support Enforcement Division isn't getting the results you want or you don't feel they're giving your case the personal attention it deserves, Support Collectors can help.
Support Collectors has developed a proven system that teams attorneys, investigators and enforcement specialists to work your case from every possible angle. We work nationwide and our only business is collecting support. Our success rate is up to three times better than the Montana CSED and we never charge you a cent unless we put money in your hands.
Montana law makes no provisions for interest to be charged on missed child support payments, retroactive support, or adjudicated arrears.
The Montana statute of limitations on enforcement of child support is 10 years from the date of payment due for debt accrued prior to 10/1/1993; 10 years after termination of obligation for payments due after 10/1/1993. The statute is tolled when the obligor is out of state and cannot be served with process and the entire 10-year statute begins anew when the obligor acknowledges the debt in writing or makes partial payment or a court or administrative action (including sending a demand letter) is taken to enforce the debt.
Montana law states that paternity must be established before the child's 18th birthday. (MCA 40-6-108)
The age of emancipation in Montana is 18 years of age or upon graduation from high school, whichever is later, but no later than 19 yeasr of age. (MCA 40-4-208(5); 40-5-201(2))
Support orders entered before October 1, 1991 are subject to termination at age 18, unless both parents agree upon a later termination date.
The monthly child support obligation in Montana based on financial information about each parent according to the completed financial affidavit or on wage information available to the state. If no financial information is available about a parent the monthly support obligation may be based on the federal poverty levels of support for children.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
Any custodial parent not receiving public assistance may contract with a child support collection agency such as Support Collectors, or hire a private attorney, and at the same time have a case open with the Montana Child Support Enforcement Division. We work harder to collect the child support you are owed.
Collecting support is all we do and we give you the personalized, dedicated attention that your case deserves. Call us at (888) 729-6661 or get started online right now! We don't charge a cent until we put money in your pocket.