Most states have child support guidelines in their statutes—often in the statutes collected in the state’s family code. These child support guidelines provide percentages and methods of calculating child support payments based on the number of children; the parents’ incomes and financial resources; the income and needs of the custodial parent; the needs of the children, including any special needs; and the standard of living for the children before the parents’ divorce or separation. The child support guidelines are just guidelines, and the court generally has discretion to order more or less child support based on the best interest of the children.
In Montana, child support guidelines are established by state statutes to ensure that children receive adequate financial support from their parents following a divorce or separation. These guidelines are found in the Montana Code Annotated (MCA), specifically in Title 40, Chapter 5, which deals with child support. The guidelines take into account various factors such as the number of children, the income and financial resources of both parents, the needs of the custodial parent, the needs of the children (including any special needs), and the standard of living the children would have enjoyed had the family remained intact. The state uses a formula to calculate the appropriate amount of child support, which considers the parents' combined income and allocates responsibility for support in proportion to each parent's income. While these guidelines provide a framework for determining child support, Montana courts have the discretion to deviate from the calculated amount if it is deemed to be in the best interest of the children. Such deviations may be based on factors like the children's educational needs, the age of the children, or any extraordinary medical expenses. The primary goal is to ensure that the children's needs are met in a manner that reflects their parents' financial ability to provide support.