In re the Parenting of N.S.

Summary

The Montana Supreme Court reviewed a parenting and child-support dispute involving unmarried parents. The Court affirmed the designation of the father as the primary residential parent and upheld the district court’s handling of the child’s stated preference, but remanded the child-support award because the district court improperly included earned income credits and mischaracterized imputed income.

Holdings

1. The District Court did not err in designating Hilliard as the primary residential parent. A court need not follow a child's custody preference, but it must consider the preference and state a reason for declining to follow it; the District Court satisfied that requirement by finding that Hilliard provided a more stable home life and greater continuity and stability of care.
2. The District Court did not abuse its discretion by imputing income to Smith, but it incorrectly calculated her income by adding her earned income credit and characterizing imputed income as actual income. The child-support award therefore had to be remanded for recalculation.
3. The District Court did not deny Smith a fair trial. The Supreme Court declined to consider Smith's unpreserved challenge concerning access to Hilliard's financial information, and it held that the court properly interviewed the child in chambers without permitting cross-examination because the interview was authorized to assess the child's custody wishes and was made part of the record.

Questions Presented

1. Whether the District Court erred by naming Hilliard the primary residential parent despite the child's preference to live with Smith.
2. Whether the District Court properly calculated Smith's child-support obligation, including imputed income and earned income credits.
3. Whether the District Court afforded Smith a fair trial by failing to provide Hilliard's financial information, asking the child questions during an in-chambers interview, and denying Smith an opportunity to cross-examine the child.

Disposition

reversed_and_remanded