In re Marriage of Schilling

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The Supreme Court reversed the order of the district court denying Mother’s motion to amend parenting plan on the basis that Mother failed to establish a changed circumstance and granting Father’s motion for child support calculation and motion for attorney fees. The Court held (1) the district court erred in concluding that there was no change in circumstance pursuant to Mont. Code Ann. 40-4-219(1) that would require a hearing, and this case must be remanded for a hearing and determination of whether amendment of the parenting plan was in the child’s best interests; (2) because reversal on the above issue was required, the court’s award to Father of attorneys’ fees and costs must be vacated; and (3) because this case had been remanded, it was appropriate to vacate the monthly child support calculated by the district court and remand for calculation of child support consistent with this opinion. View "In re Marriage of Schilling" on Justia Law