Child support generally may be changed or modified by filing a motion to modify and demonstrating to the court that the circumstances of the child or one or both parents have materially and substantially changed, or that some period of time (3 years, for example) has passed since the court’s last child support order. And if there has been a material and substantial change in the custody of the child—if, for example, the noncustodial parent who was paying child support has become the custodial parent—the court may change or eliminate the child support obligation based on the change in the custody arrangement.
In Montana, child support orders can be modified if there has been a material and substantial change in the circumstances of the child or either parent. To initiate a modification, a parent must file a motion to modify with the court. The court will then evaluate if the changes are significant enough to warrant an adjustment to the child support amount. This could include changes in income, employment, the needs of the child, or other relevant factors. Additionally, if there has been a change in the custody arrangement, such as the noncustodial parent becoming the custodial parent, this could also be grounds for the court to modify or terminate the child support obligation. Typically, a motion to modify can be filed if at least three years have passed since the last child support order was issued, even if there hasn't been a substantial change in circumstances. The court will always consider the best interests of the child when deciding on modifications to child support.