Legal Question in Family Law in Montana
Abandoned Children
Me and my ex husband have been divorced for 6 years. We have 2 children together. As of 3/21/09 we have had zero contact with him for one year! He has not payed child support for 10 months. No Birthdays, no Christmas, no nothing! Im our parenting plan, I claim one child, he gets the other, well since we have not been in contact, I claimed both of the kids. So my question is...how can I change the parenting plan with his absence? We do not have any address for him either. What can I do to change the visitation and tax arrangenents? Thank You!
1 Answer from Attorneys
Re: Abandoned Children
You have two options regarding child support. In Option 1, you can file a motion
(1) for contempt or
(2) a motion to enforce based on Father's failure to follow the court's order or
(3) a motion to modify child support.
In Option 2, you contact Child Support Enforcement Division (CSED) and ask them
(1) to help you collect the arrearage. They have access to the national computer registry of "new hires" so, if he is employed and receiving above-the-table wages, that will show up on the registry. CSED can send an order to garnish wages to his employer. That's likely to be more satisfactory than seeking a contempt order.
(2) to amend child support based on Father's lack of parenting time.
You can file in District Court a Motion to Amend (or Modify) Parenting Plan to reflect the current parenting schedule.
You can also file in District Court a motion to adopt the new child support calculation. You can in this motion address claiming the children for tax purposes.
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