Legal Question in Family Law in Montana

Hi My fiancee is going to court on Tuesday for child support, custody reasons. With his Ex that he is going to court with, they have 2 kids together. She already has full custody of the little boy but is wanting full custody of both. She never lets him see the kids, when he tries all the time, but is just wanting more money. We also have a 2 month old daughter together, and as everyone know it is expensive right now with diapers, formula, medical bills..etc.

So her lawyer is saying that her kids need all this money, but ours that we have together basically do not exist because it is not court ordered for him to pay anything. Is a judge going to say the same? if so why is it like that? Why does she get all the money for her kids, but we have to struggle to raise ours?


Asked on 6/01/12, 2:38 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Frankly, your fianc� should have consulted an attorney a long time ago rather than going online for help. Dad will need to prove the Court at least these things:

If he wants to maintain parenting rights, he will need to convince the Court that he has been an active parent, participating in things like diaper changing, feeding, reading, playing age-appropriate games, going to parent-teacher meetings, doctor appointments, etc. Even if the children are preschool, you get the drift of �active�.

He will need to convince the Court that he has been financially responsible by timely paying or contributing to child-related expenses like groceries, clothing, books and toys, rent.

He will need to bring hard evidence such as bills he�s paid and the cancelled checks to prove it, and testimony from people who observed his interactions with the children.

He should also be prepared tell the Court what kind of parenting schedule he wants and why the Court should consider adopting his schedule. Why will his schedule be in the children�s best interest?

Having a subsequent child (yours and his) should change his child support obligation but perhaps by less than he might hope. He will need to submit information to Child Support Enforcement for a re-calculation if he wants to amend the child support obligation.

And, frankly, if you are not married, you and he would be wise to have a parenting plan and a child support order to protect this third child.

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Answered on 6/02/12, 9:55 am


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