DivorceMag: Montana FAQs

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If you RECEIVE spousal support,
do you think the amount is...

Frequently Asked Questions About Divorce

"Can a paternal father take his child away from the present father?"

Divorce attorney Steve Mindel answers: "The answer to your question is not simple. The courts have routinely found that being the parent is more than DNA. Clearly, biological parents have a leg up on non-biological parents, but all courts recognize the value of family unity, and routinely have to weigh a biological father's rights against a child's right to have the family the child has always known.

In your question, I assume that the potential biological father was not married to your wife. In the event that the child was conceived and born at the time your wife was married to the potential biological father, many states have a presumption that he is the father..."

“I don’t get to see my children as often as I’d like. Is there anything I can do about that?”

Alex Grager, a Certified Family Law Specialist, answers: “If you and your spouse or partner are separated or divorced, you will most likely need child custody and visitation orders. These orders can be obtained by agreement, or if you and the other parent are unable to agree, one of you can file a Motion or an Order to Show Cause with the Court in order to set the custody and visitation schedule. If you and the other parent reached an agreement without a Court order and the other parent is not letting you see the children as much as you would like, you should file a Motion with the Court for a child custody order…”

"What can I do to enforce payment of child support?"

Wallace S. Fingerett, a Certified Family Law Specialist answers:” You should be aware that in a criminal contempt proceeding the court may generally use its contempt power to enforce orders made in family law proceedings, and a parent who fails to pay a lawful child support order of which he or she has knowledge is deemed in contempt of court and may be ordered to perform community service or be imprisoned, or both.

Let's discuss civil enforcement.

Whenever a support order is established or modified, the court must include an earnings assignment order for support in the order. The order directs the obligor's (parent that owes support) employer to pay to the obligee (parent to whom support is owed) a portion of the obligor's earnings sufficient to pay the current support amount and an amount to be paid toward liquidating any arrearage..."

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