40-6-214. Duties of parents to maintain children. It is the duty of the father and the mother of any poor person who is unable to provide self-maintenance by work to maintain that person to the extent of the parent's ability.
Montana Code Annotated
Mont. Code Ann. § 40-6-214 (2026)
Duties Of Parents To Maintain Children
✓ current as of May 2026
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TITLE 40. FAMILY LAW
CHAPTER 6. PARENT AND CHILD
Part 2. Obligations of Parents
Duties Of Parents To Maintain Children
History: En. Sec. 293, Civ. C. 1895; re-en. Sec. 3751, Rev. C. 1907; re-en. Sec. 5843, R.C.M. 1921; Cal. Civ. C. Sec. 206; Field Civ. C. Sec. 97; re-en. Sec. 5843, R.C.M. 1935; R.C.M. 1947, 61-114; amd. Sec. 1584, Ch. 56, L. 2009; amd. Sec. 1, Ch. 213, L. 2021.
Notes of Decisions
Cited in 7
cases, 1988–2020 · leading case: North Pac. Ins. v. Stucky, 2014 MT 299 (Mont. 2014).
North Pac. Ins. v. Stucky, 2014 MT 299 (Mont. 2014). “For instance, our statutes require children and parents to support one another, where a child or parent becomes unable to provide for him or herself.”
In re Declaring M.W., 764 P.2d 1279 (Mont. 1988). “Father continued to have the obligation of support, Section 40-6-211, MCA; he continued to have the right to obtain records regarding the child, Section 40-4-225, MCA; he continued to have the right to visit the child, Section 40-4-217, MCA, and the right to reciprocal support,…”
V.l-s. v. M.S., 2011 MT 313 (Mont. 2011). “We *97 consider on appeal whether §40-6-214, MCA, grants authority for the District Court’s ruling.”
Vencor v. Gray, 2003 MT 24N (Mont. 2003). “Park Place cites § 40-6-214, MCA, and § 40-6-301, MCA, in support of its argument.”
Matter of M.A.S & C.M.S., 2011 MT 313 (Mont. 2011). “The court proceeded to consider § 40-6-214, MCA, which it held abrogated the common law and provided the court with authority to order a parent to support an adult child who is poor and unable to maintain himself, if the parent does not do so.”
Matter of MW, 764 P.2d 1279 (Mont. 1988). “Father continued to have the obligation of support, § 40-6-211, MCA; he continued to have the right to obtain records regarding the child, § 40-4-225, MCA; he continued to have the right to visit the child, § 40-4-217, MCA, and the right to reciprocal support, § 40-6-214, MCA.…”
Matter of D.D., YINC, 2020 MT 126 (Mont. 2020). ““A parent’s duty to support and maintain a child is not abrogated by the child’s abandoning the parent’s home or by any other voluntary act unless a court has determined the child to be an emancipated minor not in need of parental support.”
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