Parenting Plans & Child Support

A customized parenting plan can help provide peace and stability for parents and children with separate households.

Our Bozeman family law attorneys are dedicated to helping families prepare for their children’s future with robust plans that suit their unique needs.

What to expect with parenting issues:

Parenting Plans in Montana

Parenting plans create a legally binding blueprint for co-parenting. They outline a parenting schedule describing how the child will share time with each parent. They may also address other important rights and responsibilities such as parental decision making, holiday parenting, medical coverage, and out-of-pocket expenses. 

The family law attorneys at Cavallini West, PLLC, are dedicated to helping clients prioritize their child’s best interests whether negotiating, formalizing or litigating parenting plan issues. Your family is unique and we pride ourselves on thinking outside the box to find creative solutions and tools to assist with this transition. 

Child Support:

Children in Montana are entitled to financial support from both parents. However, the exact support required varies based on several unique factors.

A child support worksheet or order is required before the Court will grant a divorce with minor children or final order regarding a parenting plan. Montana has guidelines to assist in determining the appropriate amount of child support. Child support calculations consider the total income of both parents, childcare costs, health insurance or other medical expenses, and more.

In addition to child support, the Montana Law requires a Medical Support Order where the custody of children is determined. This addresses health insurance for the children as well as how to split out of pocket medical expenses.

Our team of professionals can assist in navigating this issue and can create child support worksheets to ensure you understand your rights and responsibilities related to child support and medical support.

Parenting Plan & Child Support Process Options:

We offer several unique options to assist you in reaching a durable and practical outcome that meets your family’s needs. These options include Self-Guided, Mediation, Collaborative Law, and Litigation. Each describes the varying ways we can help you navigate your particular life transition.  Regardless of the option selected, our Bozeman legal team works hard to tailor our representation to meet each client’s unique circumstances.

Option #1: Self-Guided

HOW IT WORKS:

You and your co-parent reach decisions regarding future parenting and then our office drafts a parenting plan based on what you’ve agreed.  To assist, we provide easy to understand and complete worksheets that take the guess-work out of the process.

THIS OPTION IS BEST FOR:

The parents who have already decided not only that they both wish to proceed with a parenting plan, but also have decided what this looks like for their future. Typically, this is best for parents who have discussed/agreed upon parenting time. This option is best for co-parents who are organized and are clear communicators.

Option #2: Mediation

HOW IT WORKS:

A neutral attorney-mediator can help couples work out a divorce settlement, form a parenting plan, and create a property settlement agreement. Our professionally trained Montana attorney-mediator will guide you step-by-step through the process, and will record your agreements in the correct legal format, allowing you to file with the court.

THIS OPTION IS BEST FOR:

Montana parents who may need some assistance in reaching agreements about a parenting plan, child custody or finances, but they have a willingness to work together to find a solution that fits them well. Typically, these co-parents are committed to ending their marriage or relationship with dignity and putting their children’s needs first.

Option #3: Collaborative Law

You do not have to agree on everything to participate in the collaborative process. Conflict usually arises during family transitions, and we understand there will be bumps along the way. Our Bozeman family law attorneys facilitate these disputes thoughtfully, with honesty and integrity, allowing for a smoother family transition. We put children’s well-being first, and aim to create solutions to benefit each family member in the healthiest route possible.

HOW IT WORKS:

Our team of Montana family law professionals includes a financial person who gathers information and provides gentle education, ensuring everyone understands the full financial picture. A mental health neutral individual tends to the inevitable emotions that arise during the process. Both parties are represented by attorneys, offering sound legal advice, providing education, and guiding thoughtful decisions at each step along the way. From there, your attorneys will help curate a team specifically for your family which may include a skilled financial person who gathers information and provides gentle education, ensuring everyone understands the full financial picture and/or a neutral mental health professional tends to the inevitable emotions that arise during the process.

Redefined families can walk away from this experience with respect for each other, personal integrity, and the skills and resources to handle future disagreements. We feel blessed to be part of the forefront to the Collaborative Law movement. Join us in making this the new, healthier route for families in Montana.

THIS OPTION IS BEST FOR:

Parties who are committed to finding solutions without relying on a court. While this is sometimes the more expensive solution, it is a great option for most families, even if there is some form of conflict involved. Collaborative Law provides ample support for the restructuring of a family, including parenting education, financial option development, and much more. Collaborative is well-suited for parents who do not have it “all figured out” or still experience conflict, but nonetheless are committed to finding a solution that works best for their family.

Option #4: Litigation

HOW IT WORKS:

Litigation in Montana comes in many shapes and sizes. We understand there isn’t a one-size-fits-all solution for every answer. Litigation typically starts by filing legal documents with the court and proceeding in accordance with the court’s following orders. We can assist from beginning to end, from drafting and filing legal pleadings to providing experienced representation at a hearing. 

THIS OPTION IS BEST FOR:

While the goal of our other options is to avoid going to court, it’s important to acknowledge that there are circumstances when litigation is necessary—particularly if one party does not wish to engage in one of the other options. While the other options require both parties to enter voluntarily, this process can be started when only one party is ready to engage.

Frequently Asked Questions

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Ready to get started?

Our Bozeman legal team works hard to understand each client and families’ unique circumstances and specifically tailor the process to fit their requirements. We create durable and practical outcomes that suit each family’s needs.