To use the child support calculator, select or enter the appropriate information next to each statement.
When you have completed the form, click on the calculate button to get an estimate of the amount of child support that the non-custodial parent will have to pay to the custodial parent in Montana.
Incarceration and Montana Child Support
In Montana, the Child Support Enforcement Division (CSED) of the Montana Department of Public Health and Human Services handles child support cases and provides services to custodial and non-custodial parents. Please read the following Q&As for information about non-custodial parents who are incarcerated.
What steps can an incarcerated non-custodial parent take to modify their child support order?
Montana law states that incarceration cannot be the sole criterion for a modification. The modification can only be granted if there is a 25% change in financial status that is not related to imprisonment and the incarcerated non-custodial parent waives his or her right to appear in person at the hearing.
What is the minimum monthly payment for an incarcerated parent?
Montana child support law does not make an exception for incarcerated non-custodial parents. Therefore, the minimum monthly payment will be your current child support obligation plus a payment toward the arrearages.
Can CSED caseworkers visit prisons to work with incarcerated fathers on their child support cases?
Representatives from CSED do travel to the prisons to provide educational information about the child support program. It is best to speak with your individual case worker about matters involving your child support situation.
Can incarcerated non-custodial parents apply for Hardship?
“Hardship” is a legal category that can decrease the monthly amount you owe in arrearages if you are eligible. In order to qualify for a Hardship, you must be cooperating with income withholding and making your entire support payment on time. Currently, Montana law does not recognize incarceration as a sole qualification for Hardship status.
Can the CSED help enforce visitation rights for incarcerated non-custodial parents?
Unfortunately, custody and visitation issues are outside of the realm of the CSED’s services. If you would like to protect your visitation rights while in prison, it may be best to consult with a private Montana family law attorney.
For more information about Montana child support law regarding incarcerated NCPs please visit: http://www.dphhs.mt.gov/csed/index.shtml.