College and Adult Child Support in Montana: Post-Secondary and Disabled Children

By the FigureMyTax Editorial Team · How we calculate

We found no Montana provision for court-ordered college support, but support does not end by age for a disabled child who is financially dependent on the custodial parent, until the court finds otherwise.

Does child support cover college in Montana?

We found no provision in the sections we read that lets a court order support for college. The statute ties support to emancipation or high school graduation, capped at the 19th birthday, unless extended or waived by written agreement or an express decree provision (MCA 40-4-208(5)). Parents can agree in writing to a later date or to college contributions.

Is there child support for a disabled adult child in Montana?

Yes. Support for a child who has not been emancipated by the court is not ended solely by age if the child has a disability that makes the child financially dependent on the custodial parent and that parent is the child’s primary caregiver. It continues until the court finds the person is no longer disabled or no longer financially dependent on the custodial parent (40-4-208(6)(a)-(b)).

Which orders does the disability rule cover?

A decree issued on or after July 1, 2019, and a decree already in effect on that date that had not been terminated. If a decree was terminated before July 1, 2019 because the individual turned 19 but is still disabled, dependent and in the primary care of the custodial parent, that parent may petition for a new or reinstated order (40-4-208(6)(b)-(c)).

How is the amount decided?

In assessing the continuing financial obligation of the noncustodial parent, the court considers the child’s eligibility for public benefits and services and the other factors listed in the section (40-4-208(6)(d)). Bring benefits award letters and a budget.

Which statute covers a student who is incapacitated?

The enforcement definition of a child includes a person who is mentally or physically incapacitated if the incapacity began before the 18th birthday (MCA 40-5-201). Combined with the disability rule in 40-4-208(6), that supports continued enforcement. Keep medical records that date the onset.

Does the custodial parent have to be the primary caregiver?

Yes, the disability rule applies where the custodial parent is the child’s primary caregiver and the child is financially dependent on that parent. If the child lives elsewhere, the rule may not apply, so ask a licensed Montana attorney.

Can I change the support amount for a disabled adult child?

Yes, by motion under the same rules, with actual notice fixing the start date (MCA 40-4-208(1)). A change in the child’s public benefits or in either parent’s income is the kind of thing the court weighs.

Can parents agree to pay for college in Montana?

Yes. Put the amount, the schools, grade conditions and an end date in writing and ask the court to approve it so it can be enforced.

What are the age limits for a given birth date?

After those dates, college help comes only from an agreement, and a disabled dependent child is covered by the disability rule.

What about unpaid support from before?

It stays owed: see how long Montana arrears last and the Montana child support end date calculator.

Frequently asked questions

Official sources

• MCA 40-4-208: modification and termination of support
• MCA 40-5-201: definitions, including child
• MCA 40-5-412: withholding
• MCA 40-5-278: limited review

This is general information, not legal advice. It is based on the cited Montana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Montana attorney.