This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Montana Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult is a legal document filed by the noncustodial parent seeking to adjust or terminate child support obligations due to interference with visitation rights, and when the child has reached adulthood. In Montana, there are a few different types of petitions that may fall under this circumstance: 1. Petition to Modify Child Support: This petition is filed by the noncustodial parent to request a change in the amount of child support payments, which may be sought due to interference with visitation rights and/or the child reaching adulthood. The parent would need to present evidence of the interference and demonstrate how it impacts their ongoing financial responsibilities. 2. Petition to Terminate Child Support: In cases where the child is now an adult, typically at the age of 18, the noncustodial parent can file a petition to terminate child support. The parent would need to provide proof of the child's age and potentially provide evidence of the respondent interfering with visitation rights during the child's upbringing. 3. Petition to Amend Divorce Decree: If there are multiple issues that need addressing, such as modifying visitation rights, child support, and related matters within the divorce decree, a parent may file a petition to amend the divorce decree. This comprehensive petition allows for modifications to be made to various aspects of the divorce decree, based on the interference with visitation rights and the child's attained adulthood. 4. Petition for Contempt: In situations where the respondent consistently and willfully interferes with visitation rights specified in the divorce decree, the noncustodial parent can file a petition for contempt. This legal action seeks to hold the respondent accountable for violating court-ordered visitation rights and may result in penalties, remedial actions, or modifications to the divorce decree, including suspending or modifying child support, if deemed appropriate by the court. When filing any of these petitions, it is crucial to provide supporting evidence such as visitation logs, communications, or any other relevant documentation that demonstrates how the respondent's interference with visitation has adversely affected the relationship and justified a modification or termination of child support obligations. It is advisable to consult with a qualified family law attorney to ensure the correct petition is filed, all necessary paperwork is completed accurately, and the strongest case is presented before the court for the desired outcome.
