What you thought you knew about divorce, probably isn’t the law.
When it comes to divorce laws in Montana, there’s lots of false information floating around via word of mouth or even the internet.
Today we’ll take the time to set the record straight and bust some myths about divorce, child support, parenting, and other important family law issues in Montana.
At Judnich Law, our family attorneys have helped many clients in cases related to child support issues and disputes. Unfortunately, many came to us because they believed that child support calculations during a divorce are based on how much you actually parent your children.
In other words, a parent may believe they are entitled to more child support if they parent the children 100% of the time, or believe some mixture of factors will influence their child support calculation.
The reality is that child support is based upon a formula that considers:
- Actual income
- Income disparities
- Actual parenting time of each parent
- Which party provides medical insurance
- Which party pays for child care and other expenses
What is a “significant number of parenting days”?
You may have heard this phrase, “a significant number of parenting days.” This refers to at least 110 days of parenting per year. When you parent a child for at least this number of days it will significantly affect your child support calculation.
Child’s Health Insurance
In addition to other costs, paying for the ever increasing cost of health insurance for the child is also a significant factor in child support calculations in Montana.
Child Support Negotiations
Child support can be negotiated between the parties, but having an experienced family attorney on your side is important. You lawyer will help you work through any contentious issues and is the only way to ensure the calculation is fair and by the law.
Montana is what’s known as a split assets or “50/50” state.
However, many people this this rule applies to absolutely everything. This is not the case.
During property division, the courts will look at assets that one person brought to the marriage, as well as those assets acquired and grown during the marriage. A significant area of confusion surrounds inheritances and gifted property during the marriage.
Inheritances and gifted property are usually not divided, even if obtained during the marriage.
In other words, there are exceptions to every rule, and exceptions to exceptions.
Confusing isn’t it?
This is where these common divorce myths in Montana get started. This is why it’s so important to take advice from an experienced Montana attorney and not someone who is relying on something they heard second or third-hand.
Taking the wrong advice can be a costly mistake.
When you work with an experienced divorce attorney, you’ll receive guidance and your rights will be protected. Your attorney will help ensure that:
- Property is divided correctly
- Assets are protected
- All laws are followed
If you’re trusting a myth you read on the internet, you’re just asking for trouble.
Get it right the first time. Work with with a lawyer you trust!
Want to Learn the Truth About Divorce in Montana?
Contact the Judnich Law Office for a free and confidential consultation.
We take every case seriously and are always here to help you.
Marty is a former criminal prosecutor in the Cascade County Attorney’s Office and now uses that experience to defend those accused of crimes. A University of Montana School of Law graduate, Marty focuses his practice on personal injury and criminal defense and is a premier DUI defense attorney. He is also well versed in the insurance claims industry and has negotiated significant settlements with nearly every major insurance company.