Child Support Enforcement Defense Motion

Montana Supreme Court Agrees child Support Law Unconstitutional

Montana Supreme Court ruled Thursday that a law passed in 1997 was a violation of separation of powers and allowed Judge Buyske’s ruling to stand. Judge Buyske ruled the statute unconstitutional after the Executive branch had threatened to alter a child support amount on an order that Judge Buyske had issued years prior, and had denied the increase in child support.

Although the Supreme Court upheld Judge Buyske’s action, we believe that the child support agency threatening to overturn the Judge’s order gave Judge Buyske a controversy to produce an injunction against the Executive branches action. But where there is not parties controverting the constitutionality of the statute, the court lacks jurisdiction to overturn the statute. What arguments did the court hear for and against the statute and who brought those arguments? That’s with the caveat that not all states have the strict controversy rule.

Patrick Glynn brought this case to our attention and produced a video on this issue. Points of interest you should explore in this ruling is the separation of powers ruling. Other than that this would not make an order that a judge issued unconstitutional, nor would this case help you overturn your child support statute in your state either.

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Written by RonBPalmer

Ron has a 25 year history solving complex governance and process problems for the largest companies in the world as a consultant working for some of the largest consulting companies in the world. He has a background in economics, complex systems design, and business operations management. Decades of high level industry consulting skills have been focused on family law for over a decade and Ron has identified the key flaws and devised solutions that you can apply today to help you keep your rights over your child and help ensure that your child never faces the same corrupt system.