Montana Divorce Guide

Divorce With a Special Needs Child in Montana

Montana's parenting and support statutes apply to every child. Several provisions speak directly to a child whose disability shapes daily care, cost, and the years after high school.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: September 16, 2026

Key Takeaways: Divorce With a Special Needs Child in Montana

The parenting plan is decided by the child's best interest, and the developmental needs of the child and continuity and stability of care are listed factors (MCA § 40-4-212(1)).
Child support ordinarily ends at emancipation or high school graduation, whichever is later, and no later than the 19th birthday (MCA § 40-4-208(5)).
Support does not end solely because of age when a child has a disability that causes financial dependence on the custodial parent, who is the primary caregiver (MCA § 40-4-208(6)).
A parent caring for a child whose condition makes outside work inappropriate can meet the second part of the maintenance test (MCA § 40-4-203(1)(b)).
The court may set aside part of the estate in a separate fund or trust for a dependent child (MCA § 40-4-202(2)).
How support is paid can affect public benefits. See a special needs planning lawyer before the decree is final.

When a child has a disability or significant medical, developmental, or behavioral needs, a Montana divorce uses the same statutes as any other but leans on parts of them that other families may never use: detailed decision-making terms in the parenting plan, child support that can continue into adulthood, maintenance for a parent whose caregiving limits paid work, and attention to public benefits. This page is part of our Montana Divorce Guide.

The Parenting Plan Starts With the Child's Needs

The court decides the parenting plan (the arrangement many people call custody) in accordance with the best interest of the child, considering all relevant factors (MCA § 40-4-212(1)). Several of the listed factors carry particular weight here:

the child's adjustment to home, school, and community;
the mental and physical health of all individuals involved;
continuity and stability of care; and
the developmental needs of the child.

The list is not exclusive, so the court can consider therapy schedules, medical equipment, a child's tolerance for transitions, and each parent's training in the child's care. A schedule that works for a typical child of the same age may not fit. See the best interest factors.

What to Put in the Plan

A final parenting plan may include a residential schedule, finances for the child's needs, "any other factors affecting the physical and emotional health and well-being of the child," allocation of decision-making authority for education and health care, periodic review, and a method other than court action for resolving future disputes (MCA § 40-4-234(2)). For a child with a disability, consider spelling out:

who attends and who has final say at school meetings about special education services;
who schedules and attends medical and therapy appointments, and how information is shared;
medication, diet, and equipment routines that both homes will follow;
respite care and who may provide it; and
a review point before the child turns 18, when decision-making for an adult becomes a different legal question.

Either parent may ask the court to seal the parenting plan from public access (§ 40-4-234(7)), which keeps medical details out of the open file. More on drafting is in what a parenting plan must include.

Child Support and the Child's Costs

The court sets child support by applying Montana's uniform child support guidelines, and the guideline amount is presumed adequate and reasonable unless the court finds by clear and convincing evidence that applying it would be unjust or inappropriate in the particular case (MCA § 40-4-204(3)(a)). The factors the court must consider include "the physical and emotional condition of the child and the child's educational and medical needs" (§ 40-4-204(2)(d)). Every child support order must include a medical support order (§ 40-4-204(4)).

Bring documentation of the costs that are specific to your child, such as uncovered therapies, equipment, specialized child care, and travel for treatment, so they can be addressed in the calculation or in the decree. See medical support and health insurance for children.

Support Beyond the Usual End Date

The general rule is that child support ends when the child is emancipated or graduates from high school, whichever is later, "but in no event later than the child's 19th birthday," unless the decree or a written agreement extends it (MCA § 40-4-208(5)). Subsection (6) creates the exception for disability. Support for a child who has not been emancipated by the court is "not terminated solely on the basis of the child's age if the child has a disability that causes the child to be financially dependent on the custodial parent and the custodial parent is the child's primary caregiver."

The obligation then continues until the court finds that the individual is no longer disabled or no longer financially dependent on the custodial parent. This applies to decrees issued on or after July 1, 2019 and to decrees in effect on that date that had not been terminated (§ 40-4-208(6)(b)). In setting the continuing amount, the court "shall consider the child's eligibility for public benefits and services" (§ 40-4-208(6)(d)). The statute does not define disability in this subsection, so expect to present medical and financial evidence. See when child support ends.

Maintenance for a Caregiving Parent

Montana's maintenance statute (maintenance is the term Montana uses for alimony) has a threshold test with two parts. The second part can be met in either of two ways: the spouse is unable to be self-supporting through appropriate employment, or the spouse "is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home" (MCA § 40-4-203(1)(b)). A parent whose child needs constant care can point to that language. The first part, lacking sufficient property for reasonable needs, must still be shown, and the amount and period depend on the factors in § 40-4-203(2), including the other spouse's ability to pay. See who qualifies for maintenance.

Property Set Aside for a Dependent Child

In a dissolution, the court "may protect and promote the best interests of the children by setting aside a portion of the jointly and separately held estates of the parties in a separate fund or trust for the support, maintenance, education, and general welfare of any minor, dependent, or incompetent children of the parties" (MCA § 40-4-202(2)). Parents can also agree to fund a trust as part of a settlement. How such a trust is drafted matters a great deal for benefits.

Public Benefits Are a Planning Issue

Some public programs for children and adults with disabilities have income and asset limits. Child support, maintenance, a property award, or money left to a child outright can interact with those limits. The rules are federal and state benefits law, not family law, and they change. Before you sign a settlement, have a special needs planning lawyer review how support will be paid and held, whether a special needs trust or similar tool is appropriate, and what happens at 18, including whether guardianship or a less restrictive alternative should be considered.

A&M Law is a family law firm and does not practice estate planning or elder law, so we work alongside the planner you choose. Parents who can sit down together may find that an amicable process, such as our cooperative parenting plan work, gives them room to design terms that a contested hearing would not.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal or benefits advice about your specific case.

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FAQ

Divorce With a Special Needs Child in Montana FAQ

Does child support continue after 18 for a disabled child in Montana?

It can. Under MCA § 40-4-208(6), support for a child who has not been emancipated by the court is not terminated solely on the basis of age if the child has a disability that causes the child to be financially dependent on the custodial parent and that parent is the child's primary caregiver. The obligation continues until the court finds the individual is no longer disabled or no longer financially dependent on the custodial parent.

What if our support order already ended when our child turned 19?

The statute addresses that. If an order was terminated before July 1, 2019 because the individual turned 19, but the individual remains financially dependent on the custodial parent, who continues as primary caregiver, the custodial parent may petition the court to issue a new order or reinstate the old one (MCA § 40-4-208(6)(c)). Talk to a lawyer about how that applies to your order.

How does a child's disability affect the amount of child support?

Montana's guidelines produce a presumed amount, and the statute directs the court to consider the child's physical and emotional condition and educational and medical needs (MCA § 40-4-204(2)(d)). Every order must also include a medical support order (§ 40-4-204(4)). For an adult child with a disability, the court must also consider eligibility for public benefits and services (MCA § 40-4-208(6)(d)). See how child support is calculated.

Can I get maintenance if I cannot work because I care for our child?

Possibly. Maintenance requires that you lack sufficient property for your reasonable needs and either cannot be self-supporting through appropriate employment or are the custodian of a child whose condition or circumstances make it appropriate that you not be required to seek employment outside the home (MCA § 40-4-203(1)). The amount and period then depend on the listed factors.

Who makes medical and school decisions after the divorce?

The parenting plan should say. A final parenting plan may allocate decision-making authority for the child's education, health care, and spiritual development (MCA § 40-4-234(2)(h)). Each parent makes day-to-day decisions while the child is with that parent, and either may make emergency decisions affecting the child's safety or health (§ 40-4-234(5)).

Divorcing With a Child Who Has a Disability?

We can help you build a parenting plan and support terms around your child's actual care needs and coordinate with a benefits planner. Call 406-830-3060 for a confidential consultation.

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