<em>Paschen v. Paschen</em>: When a Gift Is Not Just a Gift

Van Kley, Constance

Journal: Montana Law Review Online

Volume: 76

Year: 2015

Bluebook Citation: 76 MONT. L. REV. ONLINE (2015)

Author: Constance Van Kley: all 5 publications


Abstract

The guiding principle of child support is “to meet the needs of the child according to the financial ability of the parents.” In Paschen v. Paschen, the Montana Supreme Court reviewed a divorce proceeding that presented a novel child support question: Should gifts factor into determination of maintenance and child support payments? Undermining the guiding principle of child support, a five-justice panel unanimously held gifts should not be a factor.

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