Child Support and Out of State Parents

One common problem in child support for parents in Montana is that the other parent has left the state. This is obviously compounded when the other parent wants nothing to do with the child. Under Montana law, their lack of involvement doesn’t change the requirement that they contribute financially to raising the child. But how do you go about getting them involved in a court case. First of all, contact a good child support attorney. You need to know how the law applies to your specific situation, and only a Montana lawyer can help you with that.

Luckily, the law is probably on your side. Montana Code Annotated, 40-4-210 is the state law that provides for child support jurisdiction. It says that in a case to establish or modify a child support order, you can bring the other parent in to the case in a number of different situations. The first involves a case where the parent lives in Montana and can be served in a traditional manner. The second situation involves the other parent consenting to a Montana action. The third allows a Montana District Court to hear the case if the other parent has resided with the child in Montana. The fourth involves the child being adopted in Montana when at least one parent was a resident. The fifth applies if the other parent resided in the state while the child was gestating and provided pre-natal expenses. The sixth scenario involves the child living in Montana because of the wishes of the parent who does not live here. So imagine a case where a husband moves his wife and child to Montana ahead of him, but then never arrives. They would be here at his direction, so Montana could establish child support. The seventh way to establish child support jurisdiction in Montana is if the child was conceived in Montana. And the final part of the law is a catch-all provision that states “there is any other basis consistent with the constitutions of this state and the United States for the exercise of the personal jurisdiction.”

The same law also allows Montana to enforce the terms of an out of state child support order, and requires to follow the law of the issuing state in doing so. Thankfully, Montana believes that child support is vital to raising children and provides a number of different ways to go about getting that accomplished.

2 Responses to “Child Support and Out of State Parents”

  1. sandy December 31, 2012 at 2:24 pm #

    This is exactly my situation.

  2. Georgina Marie Marin May 5, 2014 at 10:48 pm #

    My concern is child support was court ordered in Texas. The child has lived in Arizona for the last 10 years, not Texas, and has never lived in Montana. The mother has never lived in Montana either. The child was conceived in Korea. The father is a legal resident of Montana, due to being military, but hasn’t physically lived there since 1993. I would assume that either Texas or Arizona has the jurisdiction to modify child support court orders. Am I correct?

Leave a Reply