Montana Supreme Court
Marriage of Jackson
August 12, 20252025 MT 177
Summary
The Court held that the motion to modify child support made the required threshold showing of changed circumstances, including a substantial reduction in the mother's income, health-related limitations, aging children and health-insurance concerns, and evidence suggesting increased income by the father. Because those allegations required factual development to determine whether the existing support order had become unconscionable, the District Court abused its discretion by denying discovery and an evidentiary hearing. The order was reversed and the matter remanded for discovery and a hearing.
Holding
- Threshold showing of changed circumstances. The mother satisfied the threshold requirement of showing changed circumstances. Her reduced income and health-related limitations, the children’s aging and asserted health-insurance needs, and evidence of changed financial circumstances affecting the father were sufficient to trigger further review, even though some changes had been anticipated in the original decree.
- Denial of discovery and an evidentiary hearing. The District Court abused its discretion by denying discovery and an evidentiary hearing after the mother made a sufficient threshold showing. The matter must proceed with discovery and a hearing to determine whether the changed circumstances were substantial and continuing enough to render the existing child-support order unconscionable.
Docket DA 25-0038