Montana Divorce with Children: Parenting Plans, Child Support, and Custody

Filing for dissolution in Montana is significantly more complex when minor children are involved. The court won't sign your decree until you submit a complete parenting plan, calculate child support correctly, and — in most districts — complete a mandatory parenting education class. Here's what each requirement actually involves.

The Parenting Plan (MP-300 Series)

Every dissolution involving minor children requires a proposed Parenting Plan filed with the petition. The court will not finalize your case without one, whether you file jointly or individually.

The plan must address:

• Residential schedule: Where the children live during the school year, summer, holidays, and school breaks. Be specific — courts reject vague arrangements like "the parents will work it out."
• Decision-making authority: Who makes major decisions about education, healthcare, religious upbringing, and extracurricular activities. This can be joint or sole.
• Dispute resolution: How parents will handle disagreements — mediation first, then court intervention.
• Transportation: Who drives the children between households, where exchanges happen, and who pays travel costs if parents live far apart.

If both parents agree, submit the plan with your joint petition (MP-116). If you can't agree, each parent submits their own proposed plan, and the court decides based on the children's best interest.

Child Support Calculation

Montana calculates child support based on the parents' combined gross income, the number of overnights each parent has, and the costs of medical insurance and childcare. The state provides an online child support calculator, and you'll need to complete the child support worksheets as part of your filing.

Key inputs for the calculation:

• Both parents' gross monthly income (wages, self-employment, investment income, benefits)
• The residential schedule (number of overnights per year with each parent)
• Health insurance premiums for the children
• Childcare costs
• Any extraordinary expenses (special medical needs, travel for parenting time)

Both parents must also complete a financial affidavit and exchange MP-510 Income and Expense Disclosures. These disclosures are served on each other but never filed with the court.

The UCCJEA 6-Month Rule

Under the Uniform Child Custody Jurisdiction and Enforcement Act (MCA § 40-4-211), Montana can only issue custody and parenting orders if the children have lived in Montana for at least six consecutive months before filing. This is separate from the 90-day adult residency requirement.

If you meet the 90-day threshold but your children have been in Montana for less than six months, you can still file for the dissolution itself — but the court cannot rule on custody, parenting time, or child support. Emergency exceptions exist only when there's an immediate physical safety risk.

Mandatory Parenting Education

Under MCA § 40-4-226, all parents in a dissolution case must complete a court-approved parenting education program before the decree can be finalized. Most districts require completion within 45 days of filing, though timelines vary by county.

The class typically covers the impact of divorce on children, co-parenting communication, and conflict reduction. Costs range from $30 to $80. Urban districts generally accept online programs (such as Children in Between), but several rural districts require in-person workshops — check your county's rules before enrolling.

Public Assistance Complications

If your children receive public assistance (Medicaid, SNAP, TANF), you have an additional service requirement. You must serve copies of the petition, parenting plan, and medical disclosures on the Child Support Services Division (CSSD) of the Department of Public Health and Human Services using the specialized Notice and Acknowledgement form MP-404. CSSD may intervene in the case to ensure child support is adequate to offset public costs.

Filing Without Children

If you have no minor children, the process is simpler — you use MP-112 instead of MP-113, skip the parenting plan, and don't need parenting education. The financial disclosure requirements still apply, but you avoid the UCCJEA complications and child support calculations.

The Montana Divorce Filing Process Guide includes a parenting plan builder, child support worksheets, and a step-by-step walkthrough of every additional requirement when children are involved.

See more Montana guides →