Legal Information: Montana


December 20, 2023

What happens if the other parent files a parenting plan action after I file for child support?

If you file a child support action against the non-custodial parent, and within the next six months, that parent files an action for a parenting plan, the judge is supposed to assume that his/her decision to file a parenting plan action is done out of revenge (“vengeful”). When deciding custody, the judge should consider this. However, the non-custodial parent can offer evidence to try to convince the judge that s/he was not motivated by revenge when s/he filed the action.1

1 R.C.M. § 40-4-212(4)(a)

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