Shelhamer v. Hodges DPHHS

Summary

The Montana Supreme Court affirmed the inclusion of a parent's military basic housing allowance and basic subsistence allowance in actual income for calculating child support. The court held that these allowances were economic benefits available for unrestricted use and were not offset by actual employment expenses under Montana's child support guidelines. The court also rejected the argument that excluding the allowances would be appropriate because the parent incurred ordinary housing and food expenses.

Holdings

1. A parent's military basic housing allowance and basic subsistence allowance are included in actual income when calculating child-support obligations because they provide an unrestricted economic benefit.
2. Ordinary mortgage, rent, grocery, and similar personal living expenses do not constitute the actual expenses that offset the inclusion of the allowances in actual income.

Questions Presented

1. Whether a parent's military basic housing allowance and basic subsistence allowance constitute actual income under Montana's child-support guidelines when calculating the parent's child-support obligation.
2. Whether the allowances are excluded from actual income as expense payments offset by actual expenses under Admin. R. M. 37.62.105(2)(e).

Disposition

affirmed