Montana Code Annotated 2023



Part 2. Obligations of Parents

When Parent Responsible For Necessities And Financial Assistance Supplied To Child

40-6-215. When parent responsible for necessities and financial assistance supplied to child. (1) If a parent with a duty to support a child fails to, neglects to, refuses to, or otherwise does not provide necessary articles or financial assistance for the child's support, according to the parent's circumstances, a relative or third person may in good faith supply the necessary articles or financial assistance and recover the reasonable value from the parent.

(2) (a) If by court order or express or implied consent of either parent, a child resides with and is supported in the home of a relative or third person, the child's parent or parents shall provide support for the child to the relative or third person.

(b) A relative or third person may receive support under the substitute payee provisions of 40-4-204(8) or a similar law, or if the substitute payee laws are not applicable, the relative or third person may apply for establishment of a support order to any court or administrative agency with authority to enter child support orders.

(3) A parent's duty to support and maintain a child is not abrogated by the child's abandoning the parent's home or by any other voluntary act unless a court has determined the child to be an emancipated minor not in need of parental support.

History: En. Sec. 294, Civ. C. 1895; re-en. Sec. 3752, Rev. C. 1907; re-en. Sec. 5844, R.C.M. 1921; Cal. Civ. C. Sec. 207; Field Civ. C. Sec. 98; re-en. Sec. 5844, R.C.M. 1935; R.C.M. 1947, 61-115; amd. Sec. 17, Ch. 352, L. 2001.