Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 5. ENFORCEMENT OF SUPPORT · Part 2. Administrative Enforcement of Support
Montana Code Annotated

Mont. Code Ann. § 40-5-209 (2026)

Child Support Guidelines -- Periodic Review -- Guidelines Review Committee

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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 5
  4. Part 2
  5. 40-5-209 Child support guidelines -- periodic review -- guidelines review committee

TITLE 40. FAMILY LAW

CHAPTER 5. ENFORCEMENT OF SUPPORT

Part 2. Administrative Enforcement of Support

Child Support Guidelines -- Periodic Review -- Guidelines Review Committee

40-5-209. Child support guidelines -- periodic review -- guidelines review committee. (1) The department shall adopt uniform child support guidelines to be used to determine minimum child support amounts. In addition to giving notice and publicizing the rules as provided in the Montana Administrative Procedure Act, the department shall give notice to the supreme court, the district courts, and the state bar of Montana prior to adopting the guidelines.

(2) The guidelines must consider the factors set forth in 40-4-204(2) and 40-6-116(5).

(3) At least once every 4 years, the department shall:

(a) review the uniform child support guidelines employed to determine child support obligations to ensure that their application results in the determination of appropriate child support award amounts;

(b) provide for review of the guidelines by a certified public accountant as needed; and

(c) propose any appropriate modification to the legislature.

(4) (a) There is a guidelines review committee within the department.

(b) The committee shall:

(i) meet at least quarterly; and

(ii) research, develop, and recommend proposed policy changes to the department regarding the Montana child support guidelines.

(5) (a) The department shall appoint members to the committee and provide for its administration in accordance with applicable federal regulations and guidelines.

(b) The department shall ensure that the committee includes:

(i) one member with expertise in child support who is not an employee of the department; and

(ii) one member with lived experience related to child support.

(6) The public members of the committee shall serve without compensation but may be reimbursed as provided in 2-18-501 through 2-18-503, subject to available funding.

History: En. Sec. 3, Ch. 702, L. 1989; amd. Sec. 1, Ch. 265, L. 2025.

Notes of Decisions
Cited in 28 cases, 1990–2016 · leading case: Mooney v. Brennan, 848 P.2d 1020 (Mont. 1993).
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Mooney v. Brennan, 848 P.2d 1020 (Mont. 1993). · cites it 6× “Section 40-5-209, MCA, requires the Department of Social and Rehabilitation Services to adopt uniform child support guidelines, and § 40-4-204(3), MCA, requires that those guidelines be applied in the court's calculation of a noncustodial parent's child support obligation.”
In re the Marriage of Bee, 2002 MT 49, 43 P.3d 903. · cites it 4× “The Guidelines must be used in all cases, unless the court finds by clear and convincing evidence that the application of the standards and guidelines is unjust in a particular case.”
Marriage of Welch v. Welch, 905 P.2d 132 (Mont. 1995). · cites it 8× “” (Enabled by § 40-5-209, MCA, emphasis added.) Subsection (d) concerns public assistance programs, and is not applicable in this case.”
In re the Marriage of Durbin, 823 P.2d 243 (Mont. 1991). · cites it 4× “NOTES [1] Under § 40-5-209, MCA, Montana Department of Social and Rehabilitation Services adopted child support guidelines, Admin.”
In re Marriage of Albinger, 2002 MT 104, 47 P.3d 820. · cites it 6× “¶ 12 Section 40-5-209, MCA, (referenced in § 40-4-204 above) mandates the Department of Public Health and Human Services (DPHHS) to "adopt uniform child support guidelines to be used to determine minimum child support amounts.”
In re the Marriage of Graham, 2008 MT 435, 199 P.3d 211. · cites it 2× “108(3)(b), which is part of the Child Support Guidelines promulgated by the Montana Department of Public Health and Human Services pursuant to § 40-5-209, MCA. ¶11 Admin. R. M. 37.62.108(3) provides that, to the extent possible, income for child support shall be annualized using…”
In re the Marriage of Sacry, 833 P.2d 1035 (Mont. 1992). · cites it 2× “The underlying principle behind the adoption of the guidelines is that a child’s standard of living should not, to the degree possible, be adversely affected because his or her parents are not living in the same household.”
Pedersen v. Nordahl, 862 P.2d 411 (Mont. 1993). · cites it 2× “The District Court used the child support guidelines promulgated by the Department of Social and Rehabilitative Services pursuant to § 40-5-209(1), MCA, in conjunction with the factors set forth in § 40-4-204, MCA, to determine child support.”
In re the Parenting of N.S., 2011 MT 98, 253 P.3d 863. · cites it 3× “Section 40-5-209, MCA, provides that the district court must follow child support guidelines in all cases unless the court finds by clear and convincing evidence that applying the guidelines would be unjust to the child or the parties.”
In re the Marriage of Anderson, 859 P.2d 451 (Mont. 1993). · cites it 2× “Section 40-4-204(3)(a), MCA, provides in pertinent part: Whenever a court issues or modifies an order concerning child support, the court shall determine the child support obligation by applying the standards in this section and the uniform child support guidelines adopted by…”
In re the Marriage of Chiovaro, 805 P.2d 575 (Mont. 1991). · cites it 2× “Pursuant to § 40-5-209, MCA, the Department of Social and Rehabilitation Services have now adopted child support guidelines which became effective July 13, 1990.”
In re the Marriage of O'Moore, 2002 MT 31, 42 P.3d 767. · cites it 2× “Further, § 40-5-209, MCA, indicates that the guidelines are used to determine a “minimum” amount.”
Show all 28 citing cases →
Mont. Code Ann. § 40-5-209(1): 2 cases
Pedersen v. Nordahl, 862 P.2d 411 (Mont. 1993). “The District Court used the child support guidelines promulgated by the Department of Social and Rehabilitative Services pursuant to § 40-5-209(1), MCA, in conjunction with the factors set forth in § 40-4-204, MCA, to determine child support.”
Shelhamer v. Hodges DPHHS, 2016 MT 29, 366 P.3d 255.
Mont. Code Ann. § 40-5-209(5): 1 case
In re the Marriage of Sacry, 833 P.2d 1035 (Mont. 1992). “The underlying principle behind the adoption of the guidelines is that a child’s standard of living should not, to the degree possible, be adversely affected because his or her parents are not living in the same household.”
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