In re M.A.S.
Annotate this CaseMother and Father's twin sons were born with physical and mental disabilities and required full-time care and supervision. Upon his divorce from Mother, Father was ordered to pay child support. Father's obligation to provide child support ceased upon the twins' graduation from high school. Mother later requested continued child support from Father once the twins turned nineteen. The district court concluded that Mont. Code Ann. 40-6-214 did not allow an order imposing such support but that the statute provided the court with authority to order a parent to support an adult child who is poor and unable to maintain himself if the parent does not do so. Mother subsequently filed a second petition, and the district court found it had the authority to order Father to support the twins based on information he was not providing for them to the extent of his ability. The Supreme Court consolidated the two proceedings on appeal and affirmed, holding that the district court had the statutory authority to order Father to support the twins and that section 40-6-214 imposed a duty on Father to support the twins "to the extent of his ability."
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