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Montana Child Support Advice

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  • Montana Child Support Advice

    I'm trying to help my brother out of a difficult situation. When his child (now 7) was born, his girlfriend filed for TANF and child support. He and the girlfriend are now living together and have for several years. She never admitted that he was back in the home, so child support has been accruing against him all this time. His license was suspended for nonpayment. He would like to get this whole mess straightened out and get his license back, but he doesn't know where to begin. He has asked his worker on the phone if child support could stop accruing, but was told because the girlfriend collected TANF the case won't close even though he lives in the home with his child. He would like to make arrangements to stop the child support, pay the arrearage and get his license back. He feels that the girlfriend if necessary would agree to a parenting plan specifying 50/50 custody. Any help would be appreciated.
    Thanks!--Bttrfli3

  • #2
    Originally posted by bttrfli3
    I'm trying to help my brother out of a difficult situation. When his child (now 7) was born, his girlfriend filed for TANF and child support. He and the girlfriend are now living together and have for several years. She never admitted that he was back in the home, so child support has been accruing against him all this time. His license was suspended for nonpayment. He would like to get this whole mess straightened out and get his license back, but he doesn't know where to begin. He has asked his worker on the phone if child support could stop accruing, but was told because the girlfriend collected TANF the case won't close even though he lives in the home with his child. He would like to make arrangements to stop the child support, pay the arrearage and get his license back. He feels that the girlfriend if necessary would agree to a parenting plan specifying 50/50 custody. Any help would be appreciated.
    Thanks!--Bttrfli3
    He needs to file for a modification of the on-going CS. Unfortunately, due to her recieving aid, he'll have to pay the state back, but it is very likely that he'll be able to stop the on-going CS. He needs to do this ASAP because the longer he waits, the larger the arrears will be.
    Xena

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    • #3
      Thanks for replying so quickly! Can you tell me how he would go about applying for a modification of the CS? Is that through the courts?
      Thanks again.

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      • #4
        Well until he pays the arrearage based on the TANF, and is otherwise current, he is going to have a problem. You can try to get the mother involved, but based on what you are saying this sounds like state law coming into play and not something that can really be stopped by the mother. It would have helped if the mother had never filed for TANF because now they have to charge the father for any support provided the mother and child.
        Consult a local attorney who may be able to put together some kind of offer in settlement or settlement agreement, but I think that may be the best case scenario.

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