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Statute of Limitations on Child Support for Montana

Montana child support statute of limitations including the civil code, what age paternity must be established and emancipate rules.

Montana Age of Majority: when child support payments can be stopped.

18 or upon graduation from high school, whichever is later, but no later than 19.

If not addressed in the order, at what age is child support automatically terminated as a matter of State law?

In the event of the child's death, the child's marriage, the child's enlistment in the US armed services, or the child's emancipation in a District Court proceeding.

Does the date of the order impact what law is applied?

Yes, orders entered before October 1, 1991 are subject to termination at age 18, unless the parents agree upon a later termination date.

Does child support end if the child leaves the household but does not emancipate?

No, however, support may terminate if some other party/entity assumes responsibility for the child.

Is support ever paid beyond the age of majority?

Yes

Statute of Limitations to enforce a child support order.

10 years from date payment due for debt accrued prior to 10/1/93; 10 years after termination of obligation for payments due after 10/1/93 BUT the statute is tolled when the obligor is out of state and cannot be served with process; and the entire 10-year statute begins running anew when the obligor acknowledges the debt in writing or makes partial payment or a court or administrative action (including sending a demand letter) is taken to enforce the debt.

Statute of Limitations to establish paternity:

MCA 40-6-108. Child's 18th birthday.

Is dormancy revival/renewal possible?

Yes: Prior to 10/1/93, judgements were subject to a 6-year limitation for issuance of execution. Judgements that accrued after 10/1/93, execution may be issued within 10 years after the termination of the support obligation, or within 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later. MCA 25-13-102

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