Select your state

Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Montana, the court has the authority to order a parent to pay child support that exceeds the amount dictated by their actual income if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is capable of earning more but chooses not to, the court can base child support obligations on the parent's potential earning capacity rather than their current income. The state's child support guidelines allow for this consideration to ensure that children receive adequate support and that parents cannot evade their financial responsibilities by deliberately earning less. The court will evaluate the circumstances, including the parent's work history, education, and job opportunities, to determine if the lower income is intentional and what the parent could realistically earn.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Montana State Code

Montana State Code

Child support

unemployment/underemployment

Articles