The following is a summary of Montana child support laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Montana Code and/or consult with an attorney about how the law might apply to your particular situation.

Immediate Income Deduction.

Every order for child support is subject to an immediate income deduction order, unless there is good cause not to require immediate deduction, or there is an alternative written agreement between the parties and, if also a party to the action, the Department of Public Health and Human Services. The payment of child support must provide sufficient security to ensure compliance with the arrangement. The alternative written agreement must be approved and entered by the court.

-From 40-5-315 of the Montana Code.

Termination Date.

Provisions for the support of a child are terminated by the emancipation of the child, or the child’s graduation from high school if the child is enrolled in high school, whichever occurs later. Child support obligations don’t terminate upon the death of a parent obligated to pay child support. When a parent obligated to pay child support dies, the amount of support may be modified, revoked, or commuted to a lump-sum payment, to the extent just and appropriate in the circumstances.

-From 40-4-208 of the Montana Code.


This information has been summarized from the Montana statutes. You can find the full-text version of these and other Montana divorce statutes online here: Montana Divorce Laws.




IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.


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