• Identifying each parent’s income: Courts may review income from wages, salaries, tips, bonuses and certain disability benefits. If a parent chooses not to work or earns less than they reasonably could, the formula may use an amount based on work history and job skills.
• Applying allowable deductions: The calculation can subtract certain taxes, required retirement payments, qualifying support duties and a personal allowance.
• Adding eligible costs: Health coverage, work-related child care and recurring medical expenses may increase the obligation. The guidelines can also include a standard of living adjustment in some cases.
• Determining each parent’s share: The formula compares the available income of both parents. It then assigns each person a percentage of the total.
• Considering parenting time: An adjustment may apply when at least one child spends more than 110 days each year with both parents.

Child support decisions may depend on your circumstances

How different account types get divided

• A 401(k) or pension requires a Qualified Domestic Relations Order, a specific legal document that instructs the plan administrator to divide the account between the spouses. A QDRO must meet precise federal requirements under ERISA. An error in the document can delay the transfer, result in rejection by the plan administrator or create unintended tax consequences for both parties.
• An IRA does not require a QDRO but must transfer through a specific process under federal tax law to avoid triggering income taxes and early withdrawal penalties. If the alternate payee chooses to take a distribution rather than roll the funds into their own account, specific tax rules govern how that distribution is treated. If the transfer happens incorrectly, the receiving spouse faces a taxable distribution rather than a clean account transfer.
• Military retirement benefits in Montana qualify as marital property subject to division under the Uniformed Services Former Spouses Protection Act. Division requires a court order that meets the specific requirements of that federal statute, and the timing of the divorce relative to the service member's retirement affects how benefits are calculated.

Why the tax picture matters before you agree to anything

The scope of spousal privilege

The protection of the attorney-client privilege

Proactive actions to safeguard your case

How are child support costs determined?

• You and your ex’s financial resources
• Your child or children’s ages
• Your child or children’s emotional and physical conditions
• Your child or children’s educational and medical needs
• You and your ex’s parenting plan

Can I apply for CSSD’s services to help locate my child’s other parent?

• Your ex’s full name and date of birth
• Your ex’s last known address
• Your ex’s last known mobile number
• Your ex’s social security number

Your children deserve the best

2. Excluding specific evidence

3. Mounting an affirmative defense

How people hide their assets

• They give things to friends: Some people give cash or property to friends or family. They plan to get these things back after the divorce is done. This makes it look like they own less than they really do.
• They lie about how much they make: Business owners might say they earn less than they do. They might not bill clients until after the divorce. Or they might claim their business spends more money than it really does.
• They use banks in other countries: Some people put money in banks far away. These banks don't share account info easily. This makes the money hard to find.
• They make up debts: Watch out for spouses who suddenly "owe" money to family or friends. They might say they have big loans that don't really exist.
• They say things are worth less: Your home, car or business might be worth a lot. But your spouse might get someone to say these things are worth much less than their real value.
• They buy things that are hard to track: Some people buy Bitcoin or rare items like stamps or coins. These things can be hard to find and value.

How to find hidden assets

What happens to people who hide assets

Getting Help

How to defend against allegations of parental alienation

• Seek mental health services for your child: A mental health professional who is familiar with parental alienation can evaluate your child to see if they’re truly exhibiting signs of being alienated. This should give you and the court a clear perspective on the issue at hand and can result in compelling testimony about your relationship with your child and how your child views you. This could potentially knock down any allegations of alienating behavior.
• Secure a child custody evaluation: This evaluation is conducted by a neutral third-party and tends to include review of relevant records and observations of parenting time. This leads to an unbiased report and recommendation to the court. If the evaluation doesn’t pick up on indications of parental alienation, then you might be able to effectively beat back the other parent’s accusations.
• Find contradictory evidence: To prove alienation, the other parent might present specific factual evidence. If you can present contradictory evidence, though, then the other parent’s arguments probably aren’t going to hold much weight. So, make sure you understand the evidence the other parent intends to present as far as parental alienation is concerned, then seek out evidence that attacks it.
• Attack the other parent’s reliability: Witness credibility can be crucial to any case. But in the context of parental alienation, it can be especially important. If you can attack the credibility of the other parent’s statements, then you’ll be in a better position to convince the court that their assertions can’t be trusted. So, depose the other parent, look for inconsistent statements, address their motivations to lie and contradict their claims with other evidence.

Don’t let false allegations of parental alienation negatively impact your child

Trying to represent yourself

Disrespecting the court

• Gather contradictory evidence: If you know that your spouse is going to lie about everything, then you should be prepared to contradict them. The best way to do this is to find clear and reliable documentation of the issue in question, but you can also turn to witness testimony to draw your spouse’s account of events and circumstances into question. Just make sure your contradictory evidence is as clear and credible as possible.
• Keep a written journal: Your spouse is going to lie about what they’ve said to you and the interactions you’ve had with them. Instead of trying to recall these interactions from memory, document them in a journal so that you have something you can refer to when needed. This should help you better contextualize the interactions you’ve had with your spouse while providing ample detail to support your case.
• Conduct a deposition: When you depose someone, you take their sworn testimony outside of court and prior to your contested hearing. Therefore, you lock them into their statements and can later use their depositional testimony to attack their credibility. Deposing your spouse can thus eliminate surprises and, if they change their story, you have something you can use against them. It also allows you to highlight for the court their lack of reliability.
• Use experts: Your spouse might lie about everything from their relationship with your children to the existence and value of certain assets. Although you might have your own accounts and documentation that contradict your spouse, an unbiased third-party account will likely have more sway over the court. So, consider whether a child custody evaluation, assets valuation, or forensic accounting can be helpful in your divorce.

Don’t let your spouse take advantage of you in your divorce

Mandatory reporting

Money laundering charges