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Montana Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School

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US-02039BG
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The following form is a Petition that 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 a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.



Montana Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School In Montana, there may arise situations where a minor child who was previously receiving child support under a divorce decree has left home and is living independently while refusing to work or attend school. In such cases, it may be necessary for the involved parties to file a joint petition to modify or amend the existing divorce decree, specifically seeking termination of child support obligations. When drafting this joint petition, it is important to include the relevant keywords to ensure its relevance and clarity. Some of these keywords include: 1. Montana: Mentioning the state's name is crucial, as it signifies the jurisdiction in which the divorce decree was established. 2. Joint Petition: This form of petition is filed jointly by both parties involved — typically the custodial and non-custodial parents — requesting a modification or amendment of the divorce decree. 3. Modify or Amend Divorce Decree: The purpose of this joint petition is to bring changes to the terms and conditions outlined in the original divorce decree, specifically pertaining to child support. 4. Terminate Child Support: The main objective of filing this joint petition is to seek termination of child support payments due to the minor child's changed living circumstances. 5. Minor Left Home: This phrase indicates that the minor child has left the custodial parent's residence and is no longer living with them. 6. Living Independently: Describing the minor as living independently suggests that they are supporting themselves financially without relying on either parent for shelter, food, or other necessities. 7. Refuses to Work or Go to School: This reveals that the minor child is not employed and furthermore is not pursuing formal education, whether it be attending school or vocational training. By incorporating these relevant keywords, the joint petition will accurately reflect the intent of the filers and assist in navigating the legal process. Different types of such petitions may be identified based on variations in specific circumstances. For instance, the joint petition could be modified if the minor child starts going to school or willingly seeks employment, making the termination of child support less justifiable. The case may also differ if the child left home due to dangerous or abusive conditions, requiring alternative legal actions to protect their best interests. In any case, it is advisable to consult with an attorney experienced in family law to ensure compliance with Montana's legal requirements and increase the probability of a successful modification or amendment of the divorce decree.

Montana Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School In Montana, there may arise situations where a minor child who was previously receiving child support under a divorce decree has left home and is living independently while refusing to work or attend school. In such cases, it may be necessary for the involved parties to file a joint petition to modify or amend the existing divorce decree, specifically seeking termination of child support obligations. When drafting this joint petition, it is important to include the relevant keywords to ensure its relevance and clarity. Some of these keywords include: 1. Montana: Mentioning the state's name is crucial, as it signifies the jurisdiction in which the divorce decree was established. 2. Joint Petition: This form of petition is filed jointly by both parties involved — typically the custodial and non-custodial parents — requesting a modification or amendment of the divorce decree. 3. Modify or Amend Divorce Decree: The purpose of this joint petition is to bring changes to the terms and conditions outlined in the original divorce decree, specifically pertaining to child support. 4. Terminate Child Support: The main objective of filing this joint petition is to seek termination of child support payments due to the minor child's changed living circumstances. 5. Minor Left Home: This phrase indicates that the minor child has left the custodial parent's residence and is no longer living with them. 6. Living Independently: Describing the minor as living independently suggests that they are supporting themselves financially without relying on either parent for shelter, food, or other necessities. 7. Refuses to Work or Go to School: This reveals that the minor child is not employed and furthermore is not pursuing formal education, whether it be attending school or vocational training. By incorporating these relevant keywords, the joint petition will accurately reflect the intent of the filers and assist in navigating the legal process. Different types of such petitions may be identified based on variations in specific circumstances. For instance, the joint petition could be modified if the minor child starts going to school or willingly seeks employment, making the termination of child support less justifiable. The case may also differ if the child left home due to dangerous or abusive conditions, requiring alternative legal actions to protect their best interests. In any case, it is advisable to consult with an attorney experienced in family law to ensure compliance with Montana's legal requirements and increase the probability of a successful modification or amendment of the divorce decree.

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(c) A person convicted of aggravated nonsupport shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.

The Montana statute of limitations on enforcement of child support is 10 years from the date of payment due for debt accrued prior to 10/1/1993; 10 years after termination of obligation for payments due after 10/1/1993.

Q: Can both parents waive child support in Montana While it is possible for parents to come to a voluntary agreement regarding child support, it is generally up to the court to determine the appropriate amount of child support based on the Montana Child Support Guidelines.

Montana child support is based on parenting time percentages Besides income, parenting time percentages are a key part of the Montana child support formula. Your parenting time directly affects your child support, whether you pay or receive. Use the calculator above to get an estimate of your support amount.

Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.

Terminating Child Support Child support payments terminate when the child becomes emancipated, when the child graduate from high school, or turns 19, whichever occurs later. Parents may extend child support for a longer period by written agreement.

No-fault divorces are recognized by the State of Montana.

There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.

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Montana Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School