Montana Code Annotated 2023



Part 2. Administrative Enforcement of Support

Limited Review Of Support Order

40-5-278. Limited review of support order. A party may apply for a limited review to address a specific change that occurred after a support order was entered, that is not caused by an increase or decrease in a party's annual net income, and that may have other effects on the existing support order. It is presumed that all other facts relative to the existing support order, including income and deductions from income, remain unchanged. Information gathered is limited to that which is necessary to verify the change, the value of the change, and the expected duration of the change. The department's recommendation must be limited to whether the value of the change should be added to or subtracted from the amount of the existing support order. If a more detailed modification is required in a case presented for limited review, the case becomes subject to the requirements of 40-5-277. The circumstances in which a limited review process is available are confined to cases in which:

(1) there is a change in parenting time or residence of a child and a modified support order has not been entered as a result of the change;

(2) a child's need for day-care services has increased or decreased and the increase or decrease is expected to continue for at least 18 months;

(3) a child has developed special needs that did not exist when the existing support order was issued and the needs are expected to continue for at least 18 months or a special need considered in the support order no longer exists;

(4) the cost of health insurance coverage for a child provided by a parent has increased or decreased by 25% of the support order and the increase or decrease is expected to continue for at least 18 months;

(5) there has been the birth of another child to the parties and the child's needs are to be added to the existing support order; or

(6) a child has reached the age of majority, become emancipated, married, entered military service, or died.

History: En. Sec. 7, Ch. 542, L. 2001.