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Missoula Montana Family Law Blog

What is a fair child support agreement?

All children have the right to be financially supported by both of their parents whenever possible. This is why child support orders are put in place. In the eyes of the law, the needs of a child are always the priority. Therefore, making sure that they are financially supported so that they have the best possible opportunities in life is the objective of the family courts.

In an ideal situation, parents who are no longer in a relationship will be able to agree on how much the non-custodial parent will pay to support their child. If they are able to agree, the amount that they pay will be based on their disposable income and the amount of time that they have custody of the child.

3 tips for an amicable divorce

The truth is that no divorce involves two people who completely see eye to eye. All couples who are getting divorced are doing so for a reason, and that usually means that they have grown out of love and become alienated from one another. While arguments and frustration are almost guaranteed to happen from time to time, pursuing an amicable divorce is a great thing to strive for.

A divorce can be amicable when both divorcing spouses are able to talk through issues, compromise with each other, and get along with the intention of reaching a mutually beneficial outcome. An amicable divorce saves time, money, and is less traumatic both for the couple and the children involved. The following are tips for an amicable divorce.

How assets are distributed in Montana divorces

It's important that you get the best possible financial settlement for yourself after divorce. Those who do not understand what they are entitled to receive are at a high risk of losing out and suffering financially as a result. The divorce settlement that you are able to secure can play a huge role in both your financial security and your quality of life for years to come.

It is therefore a good idea to take an active role in understanding the marital property laws in Montana. Montana is an equitable distribution state, meaning that the courts do not necessarily divide marital assets 50/50 between spouses. Instead, they consider a number of factors to establish the fairest way to distribute assets. The following is an overview of asset distribution at divorce in Montana.

Do you know the child support laws in Montana?

If you are a biological parent but you do not have full custody of your child, the primary custodian may choose to file for child support. This means that they are requesting that you contribute financially to the upbringing of your child so that all of their needs can be met.

The laws on child custody vary from state to state. Therefore, if you need to pay child custody in Montana, you should gain a good understanding of the laws you will be subject to. The following is an overview of child custody laws in Montana.

3 facts about equitable distribution

When a couple goes through a divorce, all of their marital assets need to be divided between spouses. Marital assets are counted as any property that is acquired during the marriage by either spouse, with the exception of gifts, inheritances and damages awarded by lawsuits.

The state that you are divorcing in determines the way in which assets are distributed. In the state of Montana, marital assets are distributed equitably. This means that they are generally distributed in a way that is considered to be fair and just according to the circumstances. The following are three facts that you should know about equitable distribution when going through a divorce in Montana.

3 facts about divorce in Montana

Making the decision to file for divorce is never easy. You may feel like you have failed in some way by admitting that your marriage is over, but the important thing is that you remain committed to pursuing a fulfilled and happy life for your sake and your children.

The divorce procedure can vary significantly across the United States; therefore, it is important that you pay particular attention to the law in the state in which you are filing for divorce. The following are three key facts that you should know about divorce in Montana.

Why should I pay child support?

As a noncustodial parent, you may be concerned that the other parent of your child is going to ask you to pay child support. Of course, child support is a significant cost that might seem unnecessary or unaffordable. You may feel that the other parent of your child threatens to file for child support as a form of revenge against you and that it's a form of manipulative behavior.

While paying for child support can be costly, you should take the time to recognize the positive aspects. If you are currently making voluntary financial contributions to your child's upbringing, they may be inconsistent and cause arguments between you and the other parent. The following are some reasons why choosing to pay child support could actually be beneficial for yourself and your child.

Divorce provisions in Montana

The process of divorce is a serious issue, and it's not a decision that you can or should take lightly. To prevent people from making the rash decision to go through a divorce without thinking things through, you must give a good reason why divorce is necessary.

In many states, you can choose to blame your spouse for the breakdown of the marriage when filing for divorce. For example, you may want to argue that your spouse was unfaithful or was abusive toward you. A spouse being blamed for the breakdown of a marriage has the right to defend themselves. However, some states a considered "no-fault" states, which means that it's possible to file for divorce without blaming your spouse. Montana is one of these states.

How an alcoholic parent can cause short-term and long-term harm

If you're divorcing a co-parent who struggles with alcohol abuse, you may be hesitant about sharing custody with them until they stop drinking. You may be torn between your wish for your children to continue to have a relationship with their other parent and your concern for their physical and emotional health and safety.

That's a valid concern. Psychologists and other mental health professionals say that being exposed to a parent who abuses alcohol can have short- and long-term consequences for a child. Let's look at some of those consequences:

High support bill? Child support should be fair

Child support is sometimes a contentious issue because one parent is left to pay a large bill each month. If they have more than one child, the amount they pay can add up to a fairly high percentage of their take-home income.

For some people, trying to live comfortably and pay child support at the same time is difficult. Parents are often asked to support their child in their own home, through child support and then to take care of themselves on top of it all. It can be hard, but it's possible if the calculations are done accurately.

Cunningham Law Office is a family law-focused firm in Missoula, Montana. We serve Missoula, Ravalli County, and the surrounding area.