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 37.62.134 - TOTAL SUPPORT AMOUNT AND TRANSFER PAYMENT
Universal Citation: MT Admin Rules 37.62.134
Current through Register Vol. 6, March 22, 2024
(1) A total support amount is determined for each parent, separately, and consists of:
(a)
the parent's share of the primary child support allowance, with supplemental
needs, if any, plus the parent's standard of living adjustment; or
(b) the parent's minimum support obligation
determined under ARM
37.62.126.
(2) After determining each parent's obligation according to (1)(a) or (1)(b), above, each parent's obligation is allocated according to the number of days each child spends with each parent.
(a) If all the children of the calculation
reside primarily with one parent and do not spend more than 110 days per year
with the other parent, the annual transfer payment, defined as the net amount
of child support one parent owes the other, is the same as the total, annual
support amount owed by the nonresidential parent.
(i) To set the amount of each child's monthly
transfer payment, divide the annual transfer payment by the number of children
in the calculation. Then, divide each child's annual payment by 12 and round
the result according to ARM
37.62.134(2)(a)(ii),
following.
(ii) The monthly
transfer payment per child is rounded to whole dollars as follows: round down
to the next whole dollar amounts ending in $0.49 or less and round up for
amounts ending in $0.50 or more. The total of the rounded per child amount is
the total monthly transfer payment owed by one parent to the other and/or to a
third party, and due to rounding, may vary from the monthly transfer payment
shown in the calculation.
(b) If any child of the calculation spends in
excess of 110 days per year with both parents or if one or more children reside
primarily with one parent while one or more children reside primarily with the
other parent, the allocation of each parent's total support amount is
determined as follows:
(i) recalculate the
needs of each child separately;
(ii) recombine each parent's total support
amount for each child based upon that child's proportionate need;
(iii) allocate the parent's total support
amount for each child by retaining the amount for time the child spends with
the parent and owing to the other parent the amount for time the child spends
with the other parent;
(iv) offset
the amounts each parent owes the other by subtracting the lower obligation from
the higher for each of the children. The remaining balance for each child is
the annual transfer payment for that child and is entered in the column of the
parent owing the balance; and
(v)
to set the monthly transfer payment, divide the annual transfer payment for
each child by 12 and round according to (2)(a)(ii).
(A) where the calculation includes only one
child, the monthly transfer payment is the total amount due from one parent to
the other; or
(B) where the
calculation includes two or more children, the monthly transfer payment for
each child is the amount entered for the child at (2)(b)(v). The monthly
transfer payment for each child is entered in the column of the parent owing
the payment. Each parent's column is totaled and the difference between
mother's total and father's total is the final monthly transfer payment owed by
the parent with the higher total.
40-5-203, MCA; IMP, 40-5-209, MCA;
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