Child Support Modification - Montana

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT

IN AND FOR THE COUNTY OF [COUNTY], STATE OF MONTANA

Cause No. [________]
Department No. [________]

[UNOPPOSED / DELETE IF OPPOSED] MOTION TO MODIFY CHILD SUPPORT

[MOVING PARTY NAME], the [petitioner/respondent] in this existing case, moves for an order modifying the child support provisions of the order identified below. This motion is made under Mont. Code Ann. §§ 40-4-208 and 40-4-204 and Mont. R. Civ. P. 7(b). The specific grounds and requested relief follow.

The moving party contacted the other parties who have appeared in this case on [DATE] by [METHOD]. Their positions on this motion are [STATE EACH POSITION OR OBJECTION]. [IF A PARTY WAS NOT CONTACTED: STATE WHETHER THAT PARTY HAS NOT APPEARED OR IS IN DEFAULT.] If the motion is unopposed, retain "UNOPPOSED" in the title.

1. Existing order and children

1. On [DATE], this Court entered the [TITLE OF DECREE OR SUPPORT ORDER], docket number [____], requiring [PARENT] to pay $[____] [per month/other period] for [CHILDREN'S INITIALS OR OTHER IDENTIFIER PER COURT PRIVACY RULES]. Attach the relevant order as Exhibit A.
2. The order was last modified on [DATE, OR "NOT MODIFIED"]. The current medical support terms are [DESCRIBE].
3. The children covered by this motion are [CHILD IDENTIFIERS AND AGES]. Use any confidential information form required by the court for protected identifiers.

2. Grounds for modification

Timing and route. The support order was established on [DATE] and most recently modified on [DATE / NOT MODIFIED]. For a modification under Mont. Code Ann. § 40-4-208(2)(b), at least 12 months have passed since the later event: [YES / NO]. If no, identify an applicable exception under §§ 40-4-251 through 40-4-258 or a qualifying immediate medical-support ground under § 40-4-208(2)(c): [STATE FACTS AND AUTHORITY].

4. Since the existing order, the following circumstances have changed: [STATE DATES, PRIOR FACTS, CURRENT FACTS, AND SUPPORTING DOCUMENTS FOR EACH CHANGE].
5. These changes are substantial and continuing because [SPECIFIC FACTS SHOWING DURATION AND EXPECTED CONTINUATION]. They make the existing support terms unconscionable because [EXPLAIN THE EFFECT ON THE CHILD AND PARTIES]. Mont. Code Ann. § 40-4-208(2)(b)(i).
6. [IF APPLICABLE: The parties consent in writing to the proposed modification. Attach their signed consent as Exhibit __. Mont. Code Ann. § 40-4-208(2)(b)(ii).]
7. [IF APPLICABLE: The existing order lacks a medical support order, or the following medical support order has been violated: ____. State the requested immediate medical support change and the actual or anticipated medical cost. Mont. Code Ann. § 40-4-208(2)(c).]

3. Guideline and medical support information

8. The attached current Montana child support guideline calculation and supporting financial information show a proposed obligation of $[____] [per month/other period]. The calculation uses [IDENTIFY EACH PARENT'S INCOME, PARENTING PLAN, CHILD CARE, INSURANCE COSTS, AND OTHER MATERIAL INPUTS]. The court must apply the standards and uniform guidelines under Mont. Code Ann. § 40-4-204(2)–(3).
9. The proposed medical support terms are: [HEALTH COVERAGE, RESPONSIBLE PARENT, PREMIUM ALLOCATION, AND UNREIMBURSED EXPENSE ALLOCATION]. A modification of a final child support order must include a medical support order. Mont. Code Ann. § 40-4-204(4).
10. [IF REQUESTING AN AMOUNT DIFFERENT FROM THE GUIDELINE AMOUNT: The guideline amount is $[____]. The requested amount is $[____]. The specific facts supporting a clear-and-convincing-evidence finding that the guideline amount is unjust or inappropriate are ____. See Mont. Code Ann. § 40-4-204(3)(a)–(b).]

4. Requested order

The moving party requests that the Court:

1. Modify the ongoing child support obligation to $[____] [per month/other period], beginning with installments accruing after actual notice of this motion to the parties, on the date the Court determines under Mont. Code Ann. § 40-4-208(1). The date and manner of actual notice are [____], if known when this motion is filed.
2. Include the medical support terms described above and the income withholding provisions required by Mont. Code Ann. § 40-4-204(4)–(5), subject to any statutory written exception the Court finds applicable. If the Court grants an immediate-withholding exception, include the delinquency-withholding warning required by subsection (5)(b).
3. Leave installments that accrued before the legally effective modification date undisturbed; and
4. Grant other relief supported by the evidence and law, specifically [DESCRIBE IF SOUGHT].

The moving party requests a hearing if the Court requires one. Supporting brief: [FILED WITH THIS MOTION; TITLE AND DATE: ____]. The brief states the law and facts supporting this motion. Under Montana Uniform District Court Rule 2(b)–(c), it is filed with the motion; omitting it is deemed an admission that the motion lacks merit. Supporting papers attached: Exhibit A (existing order); Exhibit [__] (guideline calculation); Exhibit [__] (financial information); Exhibit [__] (other evidence or written consent).

After the briefing period, the moving party will file and send the fully-submitted notice required by Uniform District Court Rule 2(f) within the rule's five-day period.

Date: [__/__/____]

Signature: ______________________________
[MOVING PARTY OR ATTORNEY NAME]
[ADDRESS]
[PHONE]
[EMAIL]
[ATTORNEY BAR NUMBER, IF APPLICABLE]

Certificate of service

I certify that on [__/__/____], I served this motion and all supporting papers on [NAME OF OTHER PARTY'S ATTORNEY, OR UNREPRESENTED PARTY] by [DESCRIBE METHOD PER MONT. R. CIV. P. 5(b)] at [SERVICE ADDRESS OR CONSENTED ELECTRONIC ADDRESS]. Electronic service under Rule 5(b)(2)(E) requires the recipient's written consent.

Signature: ______________________________
[NAME]