Marriage of Healy
Annotate this CaseStephanie filed for dissolution of her four-year marriage with John in 2002. Following a November 2003 dissolution hearing, the court approved a stipulated Final Parenting Plan and Property Settlement Agreement, under which John paid $600 per month in child support for the couple’s children, born in 1999 and 2000. John consistently made timely child support payments, but neglected to establish a College Trust as agreed. In November 2013, Stephanie requested modification of the child support arrangement. The Child Support Enforcement Division (CSED) calculated monthly child support totalling $1,142 per month. John was to begin making these payments in February 2014. While John’s appeal was pending, Stephanie learned that John had not paid their daughter’s tuition for the school year . CSED submitted a revised modification order that included John’s recalculated child support of a total of $2,048 per month. The court found that the evidence presented supported CSED’s use of past overtime earnings to calculate John’s child support; upheld CSED’s calculation; and ordered the parties to establish a 529 plan account for each child, with John to deposit $17,531.18 and Stephanie to deposit $4,481.23. The Montana Supreme Court affirmed, but modified the retroactive application of the $2,048 per month child support.
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