40-6-215. When parent responsible for necessities and financial assistance supplied to child. (1) If a parent with a duty to support a child fails to, neglects to, refuses to, or otherwise does not provide necessary articles or financial assistance for the child's support, according to the parent's circumstances, a relative or third person may in good faith supply the necessary articles or financial assistance and recover the reasonable value from the parent.
(2) (a) If by court order or express or implied consent of either parent, a child resides with and is supported in the home of a relative or third person, the child's parent or parents shall provide support for the child to the relative or third person.
(b) A relative or third person may receive support under the substitute payee provisions of 40-4-204(8) or a similar law, or if the substitute payee laws are not applicable, the relative or third person may apply for establishment of a support order to any court or administrative agency with authority to enter child support orders.
(3) A parent's duty to support and maintain a child is not abrogated by the child's abandoning the parent's home or by any other voluntary act unless a court has determined the child to be an emancipated minor not in need of parental support.
History: En. Sec. 294, Civ. C. 1895; re-en. Sec. 3752, Rev. C. 1907; re-en. Sec. 5844, R.C.M. 1921; Cal. Civ. C. Sec. 207; Field Civ. C. Sec. 98; re-en. Sec. 5844, R.C.M. 1935; R.C.M. 1947, 61-115; amd. Sec. 17, Ch. 352, L. 2001.
Structure Montana Code Annotated
Part 2. Obligations of Parents
40-6-201. Legitimacy of children born in wedlock
40-6-202. Legitimacy of children born after dissolution of marriage
40-6-203. Child legitimatized by marriage of parents
40-6-204. through 40-6-210 reserved
40-6-211. Obligations of parents for the support and education of their children
40-6-213. Remedy when parent dies without providing for support of child
40-6-214. Duties of parents to maintain children
40-6-215. When parent responsible for necessities and financial assistance supplied to child
40-6-217. Married person not bound for support of spouse's children by former marriage
40-6-218. Compensation and support of person after attaining majority
40-6-219. and 40-6-220 reserved
40-6-221. Parenting, services, and earnings of child
40-6-225. through 40-6-230 reserved
40-6-232. Parental control over property of child
40-6-233. Remedy for parental abuse
40-6-234. When parental authority ceases
40-6-235. Parent may relinquish services and custody of child
40-6-237. Destruction of property by minor -- liability of parents