Legal Question in Family Law in Montana

Child Support Help

I have a 7yr old daughter which I am the custodial parent of. The non-custodial parent lives in Montana in which we have an order for medical and child support.Currently, I live with the child in AZ.I am attempting to represent myself to modify this order.I would like to see an increase in child support.However,I know that it is MT law and AZ law that any parent that is trying to better themselves as far as higher education can receive a reduction in obligation.However, this will be the non-custodial parent's second time using this excuse to deter responsibility.Also, I need to know how I can prove to the court that the non-custodial parent was not reporting accurate income upon finishing college for the first time. Is there a way that I can request his pay stubs or anything of that nature?


Asked on 10/27/03, 2:48 pm

1 Answer from Attorneys
Chuck Saigh

Re: Child Support Help

There are a few questions that need to be answered first, such as when was the last Court order? If the NCP is making the same excuse he might still be in school. However if the original or was 3-4 years ago that excuse should not fly unless he is in grad school. As long as the original order is an AZ order the Court should still have jurisdiction. It might be real difficult to prove to the court that NCP lied to the Court in the past. In AZ child support is general not retroactive and they probably will not hear arguments about the past. As for his employer send them a letter first and then try some discovery. Good Luck

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Answered on 10/28/03, 11:00 am


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