Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES
Subchapter 37.62.1 - Child Support Guidelines
Rule 37.62.106 - IMPUTED INCOME FOR CHILD SUPPORT
Current through Register Vol. 6, March 22, 2024
(1) "Imputed income" means income not actually earned by a parent, but which is attributed to the parent based on the provisions of this rule. It is presumed that all parents are capable of working at least 40 hours per week at minimum wage, absent evidence to the contrary.
(2) It is appropriate to impute income to a parent, subject to the provisions of (6) of this rule, when the parent:
(3) In all cases where imputed income is appropriate, the amount is based on the following:
(4) Imputed income may be in addition to actual income and may not necessarily reflect the same rate of pay as the actual income.
(5) Income is imputed according to a parent's status as a full- or part-time student, whose education or retraining will result, within a reasonable time, in an economic benefit to the child for whom the support obligation is determined, unless actual income is greater. If the student is:
(6) Income is not imputed if any of the following conditions exist:
AUTH: 40-5-203, MCA; IMP: 40-5-209, MCA