VOLUNTARY PATERNITY AGREEMENT AND ACKNOWLEDGMENT
(Montana – Title 40, Ch. 6, M.C.A.)
[// GUIDANCE: This template is drafted for use by Montana practitioners seeking a comprehensive contractual framework around a voluntary acknowledgment of paternity (“AOP”). It is not a substitute for the official Montana AOP form issued by the Department of Public Health & Human Services (“DPHHS”). The parties must still complete and timely file the state-issued form to create a legally conclusive presumption of paternity under Mont. Code Ann. § 40-6-105. Use this agreement to capture additional rights, duties, and procedural mechanics that fall outside the narrow statutory AOP.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Voluntary Paternity Agreement and Acknowledgment (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [FULL LEGAL NAME OF MOTHER], an individual residing at [ADDRESS] (“Mother”); and
• [FULL LEGAL NAME OF FATHER], an individual residing at [ADDRESS] (“Father”).
Mother and Father are sometimes referred to collectively as the “Parties” and individually as a “Party.”
1.1 Recitals
A. The Parties are the biological parents of the minor child named [CHILD’S LEGAL NAME] (the “Child”), born on [DOB] in [CITY/COUNTY], Montana.
B. The Parties desire voluntarily and irrevocably (subject to the statutory rescission period) to establish Father’s legal paternity of the Child pursuant to the Montana Uniform Parentage Act, Mont. Code Ann. § 40-6-101 et seq.
C. The Parties wish to set forth their respective rights, duties, and obligations concerning paternity acknowledgment, genetic testing, child support, health insurance, and related matters, all in conformity with Montana law.
NOW, THEREFORE, in consideration of the mutual covenants herein, the sufficiency of which is acknowledged, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms.
“Acknowledgment” means the official Voluntary Acknowledgment of Paternity form prescribed by the Montana DPHHS, properly executed, notarized, and filed as required by law.
“Child Support Guidelines” or “Guidelines” means the Montana Child Support Guidelines codified at Admin. R. Mont. 37.62.101 et seq., as amended from time to time.
“Department” means the Montana Department of Public Health & Human Services (DPHHS) or its successor agency administering vital records and child support enforcement.
“Effective Date” has the meaning set forth in the preamble.
“Genetic Testing” means DNA analysis performed by a laboratory accredited by the American Association of Blood Banks (AABB) or other accrediting body recognized by DPHHS, establishing paternity with a probability of at least 99%.
“Statutory Rescission Period” means the earlier of (i) sixty (60) days after the date the Acknowledgment is signed by the last Party, or (ii) the date of the first court proceeding relating to the Child in which either signer is a party, as provided under 42 U.S.C. § 666(a)(5)(D)(iii) and Mont. Code Ann. § 40-6-105(5).
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity
(a) Father hereby acknowledges, and Mother confirms, that Father is the biological and legal parent of the Child.
(b) Contemporaneously with execution of this Agreement, the Parties shall execute the Acknowledgment and cause it to be notarized.
(c) Within [ __ ] business days after execution, the Parties shall jointly file the Acknowledgment with the Department’s Vital Records office.
[// GUIDANCE: Filing may be completed by hospital staff if within 72 hours of birth; otherwise file by mail or in person. Insert practical filing instructions here.]
3.2 Genetic Testing (Optional or Confirmatory)
(a) Either Party may, by written notice delivered within [ __ ] days after the Effective Date, elect to obtain Genetic Testing at that Party’s sole cost.
(b) If Genetic Testing confirms paternity with ≥99% probability, the Acknowledgment remains valid and conclusive.
(c) If Genetic Testing excludes Father, the Parties shall immediately execute and file a Rescission of Acknowledgment and take all steps necessary to correct the Child’s birth record.
3.3 Statutory Rescission Rights
Nothing in this Agreement limits either Party’s right to rescind the Acknowledgment within the Statutory Rescission Period. Thereafter, paternity may be challenged only as provided under Mont. Code Ann. § 40-6-105(6) and applicable federal law.
3.4 Child Support Obligations
(a) Commencing on the first day of the month following the Effective Date, Father shall pay child support in the amount of $[AMOUNT] per month (the “Support Payment”), calculated in accordance with the Guidelines.
(b) The Support Payment shall be adjusted automatically every [ __ ] years, or sooner upon a substantial change of circumstances, in conformity with Mont. Code Ann. § 40-5-208 and ARM 37.62.204.
(c) Payments shall be made by income withholding through the Child Support Services Division (“CSSD”) unless the Parties jointly elect direct payment and CSSD approves alternate arrangements.
[// GUIDANCE: Attach Worksheet A & B from the Guidelines as Schedule 1 and incorporate by reference.]
3.5 Health Insurance and Uncovered Medical Expenses
(a) Father shall maintain health insurance for the Child if available at reasonable cost through employment, per ARM 37.62.146.
(b) Uninsured medical, dental, vision, and orthodontia expenses shall be allocated [ __ ]% to Father and [ __ ]% to Mother, payable within thirty (30) days of documented demand.
3.6 Birth Certificate Amendment
Upon filing of the Acknowledgment, the Department shall issue a new birth certificate listing Father as the Child’s legal parent. Mother shall cooperate in any paperwork required to effect such amendment.
3.7 Tax Dependency Exemption
Beginning with tax year [YYYY], the Parties agree that the Child’s federal and state income tax dependency exemption shall be claimed by [FATHER/MOTHER/ALTERNATING YEARS] provided the claiming Party is current on support as of December 31 of the relevant tax year.
3.8 Parenting Plan (If Applicable)
The Parties will negotiate and file a separate Parenting Plan pursuant to Mont. Code Ann. § 40-4-234 within [ __ ] days of the Effective Date. Failure to finalize a Parenting Plan shall not affect the validity of this Agreement or the Acknowledgment.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations
Each Party represents and warrants that:
(a) He or she is at least eighteen (18) years of age and competent to contract.
(b) No other individual is presumed or has been adjudicated to be the Child’s father.
(c) This Agreement constitutes a valid and binding obligation enforceable against such Party.
(d) Execution of this Agreement does not violate any existing court order.
4.2 Survival
The representations and warranties in Section 4 survive execution of this Agreement and continue for so long as the Child is a minor or as otherwise required by law.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation with Government Agencies
Each Party shall timely furnish information and execute documents reasonably requested by CSSD, the Department, or any court to implement this Agreement.
5.2 Notice of Material Changes
A Party shall provide the other Party and CSSD with written notice within ten (10) days of any change to residential address, employment, or income materially affecting support or insurance.
5.3 Non-Disparagement
Each Party agrees not to disparage the other Party to the Child or third parties in a manner reasonably foreseeable to harm the Child’s welfare.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Failure to make any Support Payment within seven (7) days of its due date;
(b) Failure to maintain required insurance;
(c) Material breach of Section 5 covenants.
6.2 Cure Period
Except for Support Payment default (which is subject to immediate income-withholding remedies), the non-defaulting Party shall provide written notice and a ten (10)-day cure period.
6.3 Remedies
(a) CSSD Enforcement: Automatic wage withholding, intercept of tax refunds, license suspension, and any remedy authorized under Title 40, Chapter 5, M.C.A.
(b) Judicial Enforcement: Action in the District Court for [COUNTY] County, Montana (Family Law Division) for contempt, judgment, and such other relief as the court deems just, including attorney fees under Mont. Code Ann. § 40-5-226.
(c) Injunctive Relief: The court may issue injunctive orders to secure payment or compliance with insurance obligations.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable; the Parties acknowledge that child support and related obligations run directly to the Child and cannot be indemnified away.
7.2 Limitation of Liability
Except for the statutory child support obligations and expressly stated covenants herein, neither Party shall be liable to the other for incidental, consequential, punitive, or special damages arising out of this Agreement.
7.3 Force Majeure
A Party’s obligation to pay support is not excused by force majeure but may be modified prospectively upon proper petition and proof of substantial change in circumstances.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, without regard to conflict-of-law principles.
8.2 Forum Selection
Any action arising from or relating to this Agreement shall be filed exclusively in the District Court of the State of Montana, [COUNTY] County, Family Law Division.
8.3 Arbitration
The Parties acknowledge that arbitration is not available for the establishment or enforcement of child support and therefore waive any right to compel arbitration.
8.4 Jury Waiver
To the extent a jury trial is otherwise available in family matters, each Party knowingly and voluntarily waives trial by jury for any dispute arising under this Agreement.
8.5 Injunctive Relief
Nothing herein limits a court’s authority to issue temporary or permanent injunctive orders to enforce child support or related obligations.
9. GENERAL PROVISIONS
9.1 Amendments
This Agreement may be amended only by a written instrument signed by both Parties and, if required, approved by the court.
9.2 Waiver
No waiver of any provision shall be effective unless in writing. Failure to enforce any provision is not a waiver of future enforcement.
9.3 Assignment
Neither Party may assign or delegate rights or obligations under this Agreement without prior written consent of the other Party, except that CSSD’s statutory enforcement rights are not limited hereby.
9.4 Severability
If any provision is held invalid, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to render it enforceable.
9.5 Entire Agreement
This Agreement, together with the Acknowledgment and any schedules, constitutes the entire understanding of the Parties regarding the subject matter and supersedes all prior agreements, oral or written.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _________ | _________ |
| [NAME], Mother | [NAME], Father |
| Date: ___ | Date: ___ |
NOTARY ACKNOWLEDGMENT
State of Montana )
: ss.
County of [__] )
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER] and [FATHER], known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
Notary Public for the State of Montana
Residing at: ___
My commission expires: ______
[// GUIDANCE: Attach Schedule 1 (Guidelines Worksheets), Schedule 2 (Health Insurance Details), and any Parenting Plan draft as separate exhibits. Review Mont. Code Ann. § 40-6-105 for rescission windows and § 40-5-208 for modification procedure before final execution.]