Legal Question in Family Law in Montana

Without knowing the details, I'll offer a general answer. I'll assume both names are on the title and the mortgage.

Generally, when one person moves out and the other remains in the home, each pays his or her own "rent" -- the cost of living. It is not unusual for the children's primary caretaker to remain in the home with the children. Often, it's the mother and, often, the mother has a lower income than the father. In that kind of situation, the father will assist with mortgage payments to keep them current. This is in both parties' best interests because the family home is usually the biggest asset the parties have. An option is for the primary parent to find other suitable housing for him/herself and the children but often the rent is higher than the family home's mortgage payment.

If you have children, and if you are the primary 'residential' parent, it's likely that father should be paying interim child support until the court issues the final child support order. Part of the child support amount is based on the primary parent's financial need, the other parent's income, and fixed expenses (like the mortgage) necessary for the children's care.

Talk to your attorney about getting an interim order for child support and/or interim spousal maintenance.