In re the Marriage of Kummer

Summary

The Montana Supreme Court affirmed a district court order increasing Samuel Heinert's monthly child support obligation from $400 to $742. The court held that the increased daycare expenses constituted changed circumstances substantial and continuing enough to make the original support obligation unconscionable and that the district court did not abuse its discretion in calculating the parents' custodial days.

Holdings

1. The District Court did not abuse its discretion in finding that the increase in daycare expenses constituted changed circumstances so substantial and continuing as to make the original child support obligation unconscionable.
2. The District Court did not abuse its discretion by calculating that Samuel spent 110 days per year with the children and by denying him an additional parenting-time adjustment for days on which he dropped the children at school or daycare after an overnight visit.

Questions Presented

1. Whether the District Court abused its discretion by finding changed circumstances so substantial and continuing as to make the original child support obligation unconscionable.
2. Whether the District Court properly applied Montana's child support guideline concerning the calculation of days spent with each parent when the children were in school or daycare.

Disposition

affirmed