IN THE [____] JUDICIAL DISTRICT COURT
[COUNTY] COUNTY, STATE OF MONTANA
__ DEPARTMENT
IN RE THE MARRIAGE OF )
) Cause No. [__]
[OBLIGEE NAME], )
Petitioner/Obligee, ) PETITION TO MODIFY
) CHILD SUPPORT ORDER
and )
)
[OBLIGOR NAME], )
Respondent/Obligor. )
__________ )
[// GUIDANCE: Use the same caption as the existing decree or prior support order. “Petitioner” is the party initiating this modification request, regardless of who filed the underlying action.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Verification, Signature & Notary Block
XI. Certificate of Service
I. DOCUMENT HEADER
-
Title; Parties; Prior Order.
1.1 This “Petition to Modify Child Support Order” (the “Petition”) is filed by [Petitioner Full Legal Name] (“Petitioner” or “Obligee”) against [Respondent Full Legal Name] (“Respondent” or “Obligor”).
1.2 The parties are the biological/legal parents of the minor child(ren) identified below and are subject to the [title/date of existing decree or administrative order] (the “Existing Order”) entered on [Date] in Cause No. [__]. -
Jurisdiction & Venue.
2.1 This Court has continuing, exclusive jurisdiction under Mont. Code Ann. § 40-4-208 to modify child support because (a) the Existing Order was entered by this Court and (b) the child(ren) and at least one parent continue to reside in Montana.
2.2 Venue is proper in [County] County pursuant to Mont. Code Ann. § 25-2-118. -
Effective Date Requested.
Petitioner requests that any modified support obligation become effective on the first day of the month following the date this Petition is filed, or such other date as justice requires.
II. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
“Administrative Rules” means the Montana Child Support Guidelines set forth in ARM 37.62 et seq., as amended.
“Child(ren)” means the minor child or children of the parties:
• [Child 1 Full Name], born [DOB];
• [Child 2 Full Name], born [DOB]; [Add lines as necessary].
“Guidelines Worksheet” means the Montana Child Support Guidelines Financial Affidavit & Calculation Worksheet contemporaneously filed herewith.
“Material Change” means a substantial and continuing change in circumstances sufficient to satisfy Mont. Code Ann. § 40-4-208(2) and Administrative Rules 37.62.102(5) & 37.62.311 (e.g., 30% deviation from guideline amount or change in parenting time).
“Modified Support Amount” means the child support obligation calculated using current financial information and the Administrative Rules, as reflected in the Guidelines Worksheet.
“Obligor” means the parent obligated to pay child support under the Modified Support Amount.
III. OPERATIVE PROVISIONS
3.1 Request for Modification.
Petitioner respectfully requests that the Court:
a. Find that a Material Change has occurred since entry of the Existing Order;
b. Adopt the Modified Support Amount of $[__] per month, allocated [per child or aggregate], effective [Effective Date];
c. Order ongoing medical support, including proportionate sharing of unreimbursed medical/dental expenses at [ ]% (Obligee) and [ ]% (Obligor);
d. Approve an immediate order for income withholding and wage garnishment pursuant to Mont. Code Ann. § 40-5-315; and
e. Provide any additional relief the Court deems just and proper.
3.2 Payment Terms & Method.
a. Payments shall be made through the Montana Child Support Services Division (“CSSD”), P.O. Box 202943, Helena, MT 59620-2943, OR as otherwise directed by statute or the Court.
b. Any arrearages accruing under the Existing Order up to the Effective Date shall remain enforceable.
3.3 Conditions Precedent.
Entry of a modified order is conditioned upon (i) full financial disclosure by both parties and (ii) submission of the Guidelines Worksheet.
IV. REPRESENTATIONS & WARRANTIES
4.1 Financial Disclosure. Each party represents under penalty of perjury that the monthly gross income, deductions, and other data contained in his/her Financial Affidavit are true, correct, and complete.
4.2 Material Change Representation. Petitioner avers that the following constitute a Material Change:
• [Increase/decrease] in Obligor’s gross monthly income from $[prior] to $[current];
• [Change] in parenting plan resulting in [#] overnights to Obligor;
• [Cost] of child’s health insurance now borne by [parent];
• Any other facts justifying modification: [__].
4.3 Survival. The representations above shall survive entry of the modified support order and may be enforced through contempt or other remedies available at law.
V. COVENANTS & RESTRICTIONS
5.1 Ongoing Disclosure. Each party shall provide updated income documentation annually (W-2s, 1099s, and last three pay stubs) by [Date] without further request.
5.2 Notice of Significant Changes. A party experiencing a change in income exceeding 15 % or a change in medical insurance availability shall provide written notice to the other party and CSSD within 30 days.
5.3 Parenting Plan Coordination. Any future modification of the parenting plan that alters overnight percentages by more than 10 % shall require the parties to exchange updated Guidelines Worksheets within 14 days and, if agreement is not reached, to mediate prior to seeking court intervention.
VI. DEFAULT & REMEDIES
6.1 Events of Default. An “Event of Default” occurs if the Obligor:
a. Fails to pay any installment of child support within 10 days of its due date;
b. Fails to maintain court-ordered medical insurance;
c. Fails to provide required annual financial disclosures.
6.2 Notice & Cure. Except for automatic income withholding, the non-defaulting party shall provide written notice of default. The defaulting party shall have 10 days from receipt to cure.
6.3 Remedies. Upon uncured default, the following remedies are available, cumulatively:
• Contempt proceedings under Mont. Code Ann. § 3-1-501;
• CSSD-initiated wage garnishment, tax refund intercept, license suspension, and credit bureau reporting;
• Judgment for arrears, interest, and statutory penalties;
• Attorney fees and costs incurred in enforcement.
VII. RISK ALLOCATION
7.1 Limitation to Income Percentage. Notwithstanding any other provision, the aggregate Modified Support Amount shall not exceed the maximum percentage of the Obligor’s net disposable income permitted under 15 U.S.C. § 1673(b) (Consumer Credit Protection Act) or applicable state law, whichever is less.
7.2 No Indemnification. Consistent with the metadata specification, no indemnification obligations are imposed on either party.
7.3 Force Majeure. Temporary involuntary unemployment or disability lasting more than 90 consecutive days shall constitute grounds for either party to seek further modification, but shall not automatically suspend the existing obligation absent court order.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Petition and all related proceedings are governed by Title 40 of the Montana Code Annotated and the Administrative Rules.
8.2 Exclusive Forum. The [____] Judicial District Court, [County] County, Montana shall retain exclusive jurisdiction.
8.3 Arbitration & Jury Trial. Arbitration is unavailable for child-support matters; jury trial is not permitted in family-support proceedings.
8.4 Injunctive Relief (Income Withholding). The Court is requested to enter an immediate income withholding order as injunctive relief to ensure compliance.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any waiver or amendment of the modified support order must be in writing, signed by both parties, and approved by the Court.
9.2 Assignment & Delegation. Child support rights are statutory and may be assigned only to CSSD as permitted by law. Delegation of parental duties is prohibited absent Court approval.
9.3 Severability. If any provision of the modified order is held unenforceable, the remaining provisions shall remain in full force to the maximum extent permissible.
9.4 Integration. Upon entry, the modified support order will supersede all prior inconsistent support provisions but will not disturb unrelated provisions of the underlying decree.
9.5 Electronic Signatures. Consistent with Mont. Code Ann. § 30-18-102 et seq., electronic signatures shall be deemed originals for filing purposes.
X. VERIFICATION, SIGNATURE & NOTARY BLOCK
I, [Petitioner Full Name], declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct to the best of my knowledge, information, and belief.
DATED this ___ day of ____ 20__.
[PETITIONER NAME]
Petitioner/Obligee
State of Montana )
County of __ ) ss.
On this ___ day of ____ 20__, before me, a Notary Public for the State of Montana, personally appeared [Petitioner Name], known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same.
Notary Public for the State of Montana
Printed Name: ___
Residing at: ___
My Comm. Expires: _______
[// GUIDANCE: Replicate verification and notary block for Respondent if filing jointly or if local rules require.]
XI. CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Petition to Modify Child Support Order was served upon the following by [ ] hand-delivery [ ] first-class mail [ ] certified mail [ ] e-mail, on this ___ day of ____ 20__:
[RESPONDENT NAME]
[Address]
[City, State ZIP]
E-mail: [__]
[PETITIONER OR COUNSEL NAME]
[// GUIDANCE:
1. Attach the completed Guidelines Worksheet and each party’s Financial Affidavit as separate exhibits.
2. Local Rule Check—some Montana judicial districts require a proposed order or scheduling request to be filed contemporaneously.
3. Parenting Plan changes require a separate motion/petition under Mont. Code Ann. § 40-4-219; address only if modification of parenting time is also sought.]