Legal Question in Family Law in Montana

Unpaid Child Support/ Custody Issue

My Fiance has a child from another marriage and is supposed to receive child support in MT. If she does not recieve child support does she have grounds to gain full custody?


Asked on 12/26/07, 6:07 pm

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

Re: Unpaid Child Support/ Custody Issue

Child support and custody are separate issues. Parenting issues are based on "child's best interest" factors.

That said, Montana law presumes that a parent who is able to pay court ordered child support and is not paying it is acting against the child's best interest. It is one of half a dozen or so CBI factors. I doubt it will carry the day, but Mother can add it to other CBI factors that Father might not be meeting.

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Answered on 12/26/07, 7:07 pm


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