Is it legal for my dad to leave Montana without supporting me?

Full question:

I need to pay for my school fees and my dad has left Montana without giving me a penny to survive in his absence. I am 13 years old. Is my dad right in leaving without informing me?

  • Category: Minors
  • Subcategory: Child Support
  • Date:
  • State: Montana

Answer:

In Montana, you can file a complaint against your dad for leaving without making proper arrangements for your support. He is legally required to provide for your school fees and other expenses. If you choose to file a complaint, he could face serious consequences, including imprisonment for up to ten years and/or a fine of up to $50,000 for aggravated nonsupport.

According to Montana law (Montana Statutes § 45-5-621), a person commits the offense of nonsupport if they fail to provide support they are legally obliged to provide to a dependent, such as a child. If he left the state without making reasonable provisions for your support, this could be considered aggravated nonsupport.

It's important to note that if he claims he cannot pay, he must prove that his inability to pay is due to circumstances beyond his control. The law prioritizes the support of dependents over other obligations. If a court has ordered him to pay support, that order serves as evidence of his legal obligation.

If you need immediate assistance, consider reaching out to a trusted adult or legal aid organization for help.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Colorado, a father may lose his parental rights if he has been absent for an extended period, typically six months or more, without any communication or support for the child. The court will consider the circumstances of the absence and whether the father has made efforts to maintain a relationship. If a father is deemed unfit or fails to support his child, a court may terminate his rights. It's essential to consult with a legal professional for guidance specific to your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

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