In determining child support, the court shall order either or both parents to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. The court shall consider all relevant factors, including:
- The financial resources of the child.
- The financial resources of the parents.
- The standard of living that the child would have enjoyed had the marriage not been dissolved.
- The physical and emotional condition of the child and the child's educational and medical needs.
- The age of the child.
- The cost of day care for the child.
- Any parenting plan that is ordered or decided upon.
- The needs of any person, other than the child, whom either parent is legally obligated to support.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. Parties to a premarital agreement may contract with respect to:
- The rights and obligations of each of the parties in any of the property of either or both of them, whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- The modification or elimination of spousal support;
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
The right of a child to support may not be adversely affected by a premarital agreement. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by both parties. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
- The party did not execute the agreement voluntarily.
- The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
- Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
- Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
- Did not have or reasonably could not have had an adequate knowledge of the property or financial obligations of the other party.
[Based on Montana Code - Section 40 - Titles: 2-604, 2-605, 2-607 and 2-608]
