Montana Child Support Modification

[KathyT]

I recently was informed that the Montana Supreme Court has decided that modifications by CSED to CS Orders set by District Court are unconstitutional.
This unjust decision has resulted in a decrease in CS for my three children to only $300/ Month. That is not per child that is the total support order. I agreed to this in the divorce based on the promise that when his business took off the amount would be increased to conform with CS Guidelines.In addition I pay all medical expenses and pay for the children to travel to visit their dad (750 miles each way) three times per year. (If he wants the visit)

Several years ago the order was modified to $621/month for the three kids. But the new decision reverts to the old order. This is not fair to my children.
I don't know what to do. I am desperate because I can't afford to support them on my income and the new order does not even pay half of the medical expenses, let alone food; clothes etc.
How do I file to raise the CS Order through District Court. How Can I get a copy of the decision so that I can find out exactly what CSED has been doing wrong? I am certain that it can't be unconstitutional to expect a parent to pay a reasonable amount of support for his kids. There are thousands of children in the same boat as my kids; except that I don't live in Montana anymore and the access to the courts is harder. Are there any pro bono lwayers that operate out of Billings?

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by KathyT:
pay for the children to travel to visit their dad (750 miles each way) three times per year. (If he wants the visit)
<HR></BLOCKQUOTE>

Does this mean you moved 750 miles away from the father ?

 

[KathyT]

Yes, I did move to Colorado about six months after the divorce. He had threatened to kill my older son (not his kid) and even my ex-husband's mother told me I needed to get away before something bad happened. I took a $25,000/year cut in pay and it was worth it to protect my child. I don't regret the move and would do it again. This was not an idle threat.

Mostly this has not been a problem. I have never minded the trips and I have always allowed him phone visits every Sundaywith the trhee younger children. The problem is that Montana has unfairly decreased the order to a very minimal amount and now I can't afford the trip. I takes about 2 month's support at $300/month to deliver and pick up the kids for one trip.

This CS decision is unfair and in my opinion should not apply to my custody and support agreement. My decree specifically gives CSED the right to modify support to conform with State Support Guidelines.
The law the SC struck down was enacted three years after my modification took effect. I feel if this clause in my decree is unconstitutional it should not be held against me. The judge allowed that wording. If there was a problem, he had an obligation to say so. As far as I'm concerned CSED is in contempt of court for not living up to the terms of my decree.I would never have agreed to the support order without the ability to change it.
My ex-husband makes in the neighborhood of $150,000/year. I supported the entire family throughout the marriage and gave him up to $10,000/year to invest in his business. I did not ask for anything in the divorce except the kids and the house which I owned. he got his business. We also owned a few apartments and a laundromat which I gave to him. I did this because I expected a reasonable suport order to be maintained until the kids are grown.
I really feel that $300/month for three kids is a little low. My children's health insurance is more than that. He has never objected to the modified order. he paid it every month it is the action of CSED in cancelling the modificatied order that has caused the problem. They reversed every modification ever ordered in Montana. Literally thousands of children will suffer due to this.

I just need to know how to file in District Court to regain what Montana has stolen from my kids. I can't afford a lawyer so I'll just have to figure it out alone.

 

[KathyT]

Yes, I did move to Colorado about six months after the divorce. He had threatened to kill my older son (not his kid) and even my ex-husband's mother told me I needed to get away before something bad happened. I took a $25,000/year cut in pay and it was worth it to protect my child. I don't regret the move and would do it again. This was not an idle threat.

Mostly this has not been a problem. I have never minded the trips and I have always allowed him phone visits every Sundaywith the trhee younger children. The problem is that Montana has unfairly decreased the order to a very minimal amount and now I can't afford the trip. I takes about 2 month's support at $300/month to deliver and pick up the kids for one trip.

This CS decision is unfair and in my opinion should not apply to my custody and support agreement. My decree specifically gives CSED the right to modify support to conform with State Support Guidelines.
The law the SC struck down was enacted three years after my modification took effect. I feel if this clause in my decree is unconstitutional it should not be held against me. The judge allowed that wording. If there was a problem, he had an obligation to say so. As far as I'm concerned CSED is in contempt of court for not living up to the terms of my decree.I would never have agreed to the support order without the ability to change it.
My ex-husband makes in the neighborhood of $150,000/year. I supported the entire family throughout the marriage and gave him up to $10,000/year to invest in his business. I did not ask for anything in the divorce except the kids and the house which I owned. he got his business. We also owned a few apartments and a laundromat which I gave to him. I did this because I expected a reasonable suport order to be maintained until the kids are grown.
I really feel that $300/month for three kids is a little low. My children's health insurance is more than that. He has never objected to the modified order. he paid it every month it is the action of CSED in cancelling the modificatied order that has caused the problem. They reversed every modification ever ordered in Montana. Literally thousands of children will suffer due to this.

I just need to know how to file in District Court to regain what Montana has stolen from my kids. I can't afford a lawyer so I'll just have to figure it out alone.

 

[Reveal]

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