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:

Terms Used In Montana Code 40-5-278

  • Child: means :

    (i)a person under 18 years of age who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

    (ii)a person under 19 years of age and still in high school;

    (iii)a person who is mentally or physically incapacitated if the incapacity began prior to the person's 18th birthday; or

    (iv)in a IV-D case, a person for whom:

    (A)support rights are assigned under 53-2-613;

    (B)a public assistance payment has been made;

    (C)the department is providing support enforcement services under 40-5-203; or

    (D)the department has received a referral for IV-D services from an agency of another state or an Indian tribe under the provisions of the Uniform Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-201

  • Department: means the department of public health and human services. See Montana Code 40-5-201
  • Need: means the necessary costs of food, clothing, shelter, and medical care for the support of a child or children. See Montana Code 40-5-201
  • Parent: means the natural or adoptive parent of a child. See Montana Code 40-5-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Support order: means an order, whether temporary or final, that:

    (a)provides for the payment of a specific amount of money, expressed in periodic increments or as a lump-sum amount, for the support of the child, including an amount expressed in dollars for medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child;

    (b)is issued by:

    (i)a district court of this state;

    (ii)a court of appropriate jurisdiction of another state, Indian tribe, or foreign country;

    (iii)an administrative agency pursuant to proceedings under this part; or

    (iv)an administrative agency of another state, Indian tribe, or foreign country with a hearing function and process similar to those of the department under this part; and

    (c)when the context requires, includes:

    (i)judgments and orders providing periodic payments for the maintenance or support of the custodial parent of a child receiving services under this chapter; and

    (ii)amounts for the recovery of fines, fees, penalties, interest, and other funds and costs that the department is authorized under this chapter to collect by the use of any procedure available for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-201

(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.

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