§ 40-4-201 Separation agreement
§ 40-4-202 Division of property
§ 40-4-203 Maintenance
§ 40-4-204 Child support — orders to address health insurance — withholding of child support
§ 40-4-205 Guardian ad litem
§ 40-4-206 Payment of maintenance or support to court — handling fee of clerk
§ 40-4-207 Assignments
§ 40-4-208 Modification and termination of provisions for maintenance, support, and property disposition
§ 40-4-209 Security or guaranty to secure support
§ 40-4-210 Child support jurisdiction — nonresident individual
§ 40-4-211 Jurisdiction — commencement of parenting proceedings
§ 40-4-212 Best interest of child
§ 40-4-213 Interim parenting plan
§ 40-4-214 Interviews
§ 40-4-215 Investigations and reports
§ 40-4-216 Hearings
§ 40-4-217 Notice of intent to move
§ 40-4-218 Judicial supervision
§ 40-4-219 Amendment of parenting plan — mediation
§ 40-4-220 Affidavit practice
§ 40-4-221 Determination of child’s care upon death of parent
§ 40-4-222 Repealed
§ 40-4-223 Repealed
§ 40-4-224 Repealed
§ 40-4-225 Access to records by parent
§ 40-4-226 Court-sanctioned educational program on effects of dissolution of marriage on children
§ 40-4-227 Rights of parents and children — policy — findings
§ 40-4-228 Parenting and visitation matters between natural parent and third party
§ 40-4-233 Final parenting plan — purpose and objectives
§ 40-4-234 Final parenting plan criteria
§ 40-4-235 Vaccination status prohibited as evidence or grounds for decision
§ 40-4-251 Definitions
§ 40-4-252 Preliminary declaration of disclosure — penalty
§ 40-4-253 Final declaration of disclosure — failure to disclose current income and expense declaration — penalty
§ 40-4-254 Execution and service of final declaration of disclosure and current income and expense declaration
§ 40-4-255 Noncomplying disclosure declarations — requests to comply — remedies
§ 40-4-256 Liquidation — transfer of marital estate assets to avoid encumbrance, devaluation, or market or investment risk — authority of court
§ 40-4-257 Default judgments — disclosures
§ 40-4-258 Disclosures — attorney work product privilege — protective orders — Montana Rules of Civil Procedure
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Terms Used In Montana Code > Title 40 > Chapter 4 > Part 2 - Support, Custody, Visitation, and Related Provisions

  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bequest: Property gifted by will.
  • Chambers: A judge's office.
  • Contract: A legal written agreement that becomes binding when signed.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Venue: The geographical location in which a case is tried.
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Writing: includes printing. See Montana Code 1-1-203