Legal Question in Family Law in Montana

My daughter is 16 and was living in MT with her mother (I live in WY) and I have a support order from the court and handled by CSED. Two months ago, my daughter decided she didn't want to live with her mother or me and has been out on her own since (Nothing we can do because the age of consent in MT is 16). She is having nothing to do with her mother and no one knows exactly where she is. She is not emancipated but is working towards that. Can I stop paying me ex-wife child support that is not going to the child and how do I go about doing so?


Asked on 9/30/13, 12:01 pm

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

Short answer: No.

Typically, child support orders specify the issuing state's requirement. Montana's statute 40-4-208(5) says that child support may be terminated by

(1) the child's emancipation or

(2) the child's graduation from high school if the child is enrolled in high school (whichever occurs later)

(3) but in no event later than the child's 19th birthday.

So, to modify support, you will have to show the issuing court that your daughter falls under one of those conditions OR that she is emancipated. Montana statute 41-1-401 defines emancipated minor as a minor who is or has been married, is separated from parents or guardian and is self-supporting, or that the minor has the right to consent to medical treatment by an court order granting limited emancipation.

Until then, the payor parent is liable for support until the child graduates high school, marries, or reaches age 19.

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Answered on 10/01/13, 10:45 am


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