Modifying Child Support After Job Loss, Disability or Incarceration in Montana

By the FigureMyTax Editorial Team · How we calculate

Montana child support does not drop on its own after a job loss or incarceration. File a motion or ask for a department review and give notice promptly; a change starts only from actual notice, and orders under 12 months old generally must wait.

Can you lower child support after a job loss in Montana?

Possibly, by motion or a department review, if the job loss is a change so substantial and continuing as to make the terms unconscionable (MCA 40-4-208(2)(b)) and 12 months have passed since the order. A change reaches back only to actual notice of the motion (40-4-208(1)), so give notice as soon as the job ends.

Can the other parent ask for more if I get a new job?

Yes. Either parent can ask under the same rules, from actual notice of the motion (MCA 40-4-208(1)), so keep your income documents current.

What if my order is under 12 months old?

A modification may not be made within 12 months after the order or the latest modification, so a job loss in the first year may have to wait, except for medical support problems (40-4-208(2)(b)-(c)). Keep paying and keep records.

How are earnings treated for guideline purposes?

The court must apply the uniform child support guidelines whenever it issues or modifies an order, and a verified representation of a parent’s income based on the best information available can be used when a parent does not provide financial information (MCA 40-4-204(3)). Respond to every request for income information.

Can Montana child support be lowered while incarcerated?

We found no Montana provision in the sections we read that suspends support while the payer is incarcerated. Federal rules say incarceration should not be treated as voluntary unemployment in setting or modifying support (45 CFR 302.56(c)(3)). The order does not change on its own: file a motion and give notice.

Does the department help when income drops?

It can review an order on a substantial change defined by rule and, if you do not need a lawyer, it makes forms available for the review (40-5-272(6)). Ask for a review as soon as the change happens.

Can I ask for a modification while I am in the first year?

Not under the general rule, which bars modification within 12 months after the order or the latest modification, but a missing or violated medical support order allows an immediate modification (40-4-208(2)(b)-(c)). Raise any medical support problem right away.

Is there security for a large delinquency?

On a verified application showing a delinquency of 6 months of support, the court can order the obligor to show cause why bond, a mortgage or other security should not be ordered; a bond can be up to two years of support (40-4-209).

What proof helps?

What should you do first?

1. File the motion and give actual notice now.
2. Keep paying what you can: delinquent support can be withheld from income and reach license action (see how long Montana arrears last).
3. Check your numbers in the Montana child support modification calculator.

Frequently asked questions

Official sources

• MCA 40-4-208: modification and termination of support
• MCA 40-4-204: child support orders; guidelines; withholding
• MCA 40-5-272: application for review of child support orders
• MCA 40-5-278: limited review of support order
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements
• MCA 40-4-209: security for support

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.