Frequently Asked Questions

Questions are arranged alphabetically by category, then in order of importance. Please contact us if your question does not appear in this list.

    Child Support

  • Question: Has my ex-spouse sent in a child support payment yet this month? What date was the last check sent?
  • Answer:

    Child support checks are processed the day they are received. If you have recently changed your residence or mailing address, be sure to advise the court in writing so your future checks will be mailed accordingly. If you failed to notify us of your new address and you are concerned that a check may have been mailed to an old address, please contact us by phone 406-758-5830 or e-mail pallison@flathead.mt.gov  immediately.

  • Question: My ex-spouse isn"t paying court-ordered child support. What can I do? Who can I talk to?
  • Answer:

    The following three options could be considered:

    1)     Complete and file an application for contempt (found on our list of forms on this site). The filing cost is nominal and the Flathead County Sheriff’s Office will serve paperwork on the child support payer if he/she resides in Flathead County. 
    2)     Another option is to contact the Child Support Enforcement Division for the State of Montana (CSED) at 1-800-346-5437 to open a case. CSED will collect child support for you by means of a wage assignment, automatically deducting funds from each paycheck.
    3)     Seek advice from an attorney licensed to practice law in Montana.

    General

  • Question: Can I change my name? Can I change the names of my children?
  • Answer:

    Yes. You may open a civil case for a name change. The fee is $120 (one-hundred twenty dollars) to file a petition for a name change, which is available in our Forms Section. Adults must publish in a newspaper for the statutorily required time. Additionally, there is a $45 (forty-five dollar) judgment fee payable upon the filing of the order granting the name change for all adults.

    To change the name of a minor, one must open a civil case, which requires a fee of $120 (one-hundred twenty dollars). Publication is required only if consent by both parents is not available. If you wish to change the name of more than one minor in the same family, original documentation reflecting each of the children must be submitted. However, there will be only one $120 fee charged per family. If both parents have not signed a consent, please review the Montana Codes Annotated for rules on procedure.
  • Question: A Writ of Execution has been levied against my bank account, is there a claim of exemption form that I may use?
  • Answer:

    Yes. Please see the Motion for Claimed Exemptions and accompanying proposed order in our Forms Section. There is no filing fee for exemption forms. The matter will be set for hearing within ten days at which time the court will make a determination.

  • Question: How do I obtain a writ of execution?
  • Answer:

    Paperwork is available in our Forms Section and writs cost $5 to file. A judgment must be filed in the case before a writ of execution may be issued. A second writ will not be issued until the original writ is returned.

  • Question: How do I become emancipated?
  • Answer:

    Documentation is available on-line through the State Law Library at www.courts.mt.gov or through the Self-Help Law Center in the Flathead County Justice Center.  A completed petition may be filed with the Clerk of District Court along with the required $120 fee.  A hearing must be conducted.

  • Question: Do I have to open a Probate case if my parent passed away? How do I close his/her bank account?
  • Answer:

    If the estate is under $50K we have a form you may use. The opening of a probate may not be required if the estate does not exceed $50,000.00, but all assets must be held in joint tenancy. Should probating the estate be necessary, the filing fee is $100, and you must either hire an attorney or represent yourself by researching the Montana State Code, Annotated on-line or in the Flathead County Library to obtain and complete the necessary paperwork.

  • Question: Can I pay supervision and/or felony restitution fees here?
  • Answer:

    Supervision fees and felony restitution fees are paid through State offices in Helena. Their contact information is 800-801-3478. The mailing address is: Dept of Corrections, Collection Unit, PO Box 201350 Helena, MT 59620. The payment must include your name, your Department of Corrections (DOC) ID No.(AO#12345), and the name of your current Probation/Parole/ISP Officer.

    Only criminal fines and misdemeanor restitution payments are payable through the Clerk of Court.

  • Question: How much do I owe on my criminal fines and fees?
  • Answer:

    This office can provide that information by phone. Please be able to provide full names and the approximate date of sentencing.

  • Question: How do I remove a lien from my property?
  • Answer:

    You may remove a Construction or Mechanic’s Lien by bonding around it.  A cash or surety bond may be filed with the Clerk of District Court. Surety bonds (including Irrevocable Letters of Credit) must have prior approval of the court before a lien may be removed. Cash must be in the form of either cash or a cashier’s check made payable to the Clerk of Court. Both types of bonds must be in an amount equal to 1½ times the amount of the lien. No personal checks are accepted.  A copy of the recorded lien from the Clerk & Recorder is required.

  • Question: How do I reach the local Public Defenders Office?
  • Answer:

    The Office of Public Defender here in Kalispell can be reached by calling (406) 751-6080.

  • Question: How do I obtain an order of protection against someone?
  • Answer:

    You may file a petition with a limited court or the District Court; you must file with only the District Court if you have a dissolution matter pending. There is no fee and a Victim’s Witness Advocate is available most hours of the day to assist you. Please contact this office for more information.

  • Question: If I obtained an order of protection against someone, can it be removed or voided, and if so, how?
  • Answer:

    Submit a signed letter or pleading to this office requesting the judge to remove the Order and your reason. You will need to provide proof of identification at the Office of the Clerk of Court upon submission of your request.

  • Question: Can you fax me copies of a document?
  • Answer:

    Yes, we can fax or mail copies of any public record. Fees must be paid in advance, however. 

  • Question: Can I fax file?
  • Answer:

    Yes, the Montana Rules of Civil Procedure allow filing by electronic means, which would include facsimile and e-mail in the District Courts. Please contact the specific jurisdiction prior to using any electronic means as procedures and protocol may differ from court to court. 

    Fees must be paid in advance.

  • Question: I'm supposed to pay a fine today, but I can't come in. Will I be arrested?
  • Answer:

    You must contact your probation officer about this matter.

  • Question: How can I find out about arrest warrants on myself or others?
  • Answer:

    You must contact the Flathead County Sheriff’s Department. 

  • Question: Where can I get copies of birth or death certificates?
  • Answer:

    Flathead County Clerk & Recorder’s Office at 800 South Main Street, Kalispell MT http://flathead.mt.gov/clerk_recorder/

  • Question: Where do I go to pay a traffic ticket or citation?
  • Answer:

    Traffic tickets and citations are all handled by the courts of limited jurisdiction – Justice Court, Kalispell Municipal Court, Whitefish City Court, or Columbia Falls City Court. The ticket or citation will list the name of the court and/or the name of the Judge.

  • Question: Do I have to check-in for court?
  • Answer:

    Litigants and / or their legal representative must be present in court at or prior to the scheduled date and time. All jurors must check in at the Clerk of Court prior to Juror Orientation.

  • Question: Can I talk to the judge?
  • Answer:

    Any party to a case or one’s legal representative may only have audience with the court at a scheduled hearing or attorney’s conference.

  • Question: How can I obtain copies of records - marriage license, divorce decree, name change order, etc., and what is the cost? Can I have copies of documents certified by the Court?
  • Answer:

    You may appear at our office personally, or you can mail your written request to: Clerk of Court, 800 S. Main, Kalispell, MT 59901. You must include a self addressed stamped, return envelope, and a check or money order made payable to the Clerk of Court. Statutory fees vary depending upon the requested document; most photocopies are $1.00 per page for the first 10 pages and $.50 cents per page thereafter. A copy of a divorce decree is $10 (regardless of length), a copy of a marriage license is $5, and an additional $2 is required for certification of any document.  You may send a blank (signed) check with a notation to not exceed a certain amount in the memo portion if you are unsure of the exact charges.  Your copy and a receipt for the exact charge will be returned. Note: Confidential records require court ordered approval to open and provide copies.   Please call to discuss procedure relative to requests for confidential documents (such as adoption matters).

    Jury

  • Question: Who qualifies as a prospective juror in Montana?
  • Answer:

    Any person 18 years of age or older that is registered to vote or that is licensed to drive is eligible to serve on jury duty. 

  • Question: I got called for jury duty but have a conflict and cannot appear. What do I do?
  • Answer:

    You must complete and submit a juror affidavit requesting an excuse as soon as possible prior to trial (+++LINK TO THIS FORM FOUND ON THIS SITE+++). The affidavit must be notarized so you must have current identification such as a driver’s license. The Court will consider your request to be excused and will notify you of the decision prior to trial.   

  • Question: I have lost my Jury Summons. How can I obtain a copy?
  • Answer:

    Copies of Summons can be obtained by calling the Clerk of Court at 406-758-5870. Information regarding the current trial settings can be found at ++++LINK TO OUR TRIAL SCHEDULE GOES HERE++++ or by calling 406-758-5660 extension 3.

    Marriage

  • Question: Who can marry us?
  • Answer:

    Please review the Montana Codes Annotated, Title 40 – Family Law http://data.opi.state.mt.us/bills/mca_toc/index.htm 40-1-301, MCA. Solemnization and registration.   Only a judge of a court of record, a public official whose powers include solemnization of marriages, a mayor, city judge, or justice of the peace, or a tribal judge, in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group may solemnize a marriage. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court.

    This section also explains that the solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it if either party to the marriage believed that person to be qualified.

  • Question: Do I have to have an appointment to get married by the Justice of the Peace? How much does it cost?
  • Answer:

    Please refer to that department:  http://flathead.mt.gov/justice_court/

  • Question: My fiance is only 17. What steps do we have to take to get married?
  • Answer:

    Please review the Montana Codes Annotated, Title 40 – Family Law http://data.opi.state.mt.us/bills/mca_toc/index.htm 40-1-213. Judicial approval. The underage party must seek Judicial approval prior to applying for a marriage license. Once approval has been obtained, the couple may appear before the Clerk of Court to obtain a marriage license. No persons under the age of 16 may be legally married in Montana.

  • Question: We are common law married; how do we file a declaration of marriage?
  • Answer:

    Please review the Montana Codes Annotated, Title 40 – Family Law 40-1-311. Declaration of marriage without solemnization http://data.opi.state.mt.us/bills/mca_toc/index.htm This section of the codes includes the requirements for drafting a Declaration of Marriage. Parties must complete a marriage application and must pay the required $53.00 fee to the Clerk of Court.

  • Question: We have postponed our wedding date and already received our marriage license, what happens when the license expires in 180 days?
  • Answer:

    If a license has expired, it is invalid, and the couple must begin the process again by re-applying for another license. A new fee must be paid.

  • Question: If we did not get married within six months of applying for our license, is the license still valid?
  • Answer:

    No. Marriage Licenses in Montana expire 180 days from the issue date and are not valid beyond that date. The couple must begin the process again and reapply for another marriage license.

  • Question: We never returned our marriage license for recording, are we married?
  • Answer:

    Until the license is filed , no record of your marriage exists, so you would only be considered married by common law – no paper trail.  Please file the original license immediately.  If it has been lost or destroyed, you must file a Declaration of Marriage; a new application process and fee will be required.

  • Question: What is a marriage by proxy?
  • Answer:

    Marriage by proxy is when one or both parties to a marriage cannot be present at the ceremony.   Section 40-1-301(2), MCA   If a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.

  • Question: What are the hours for processing marriage applications?
  • Answer:

    We can issue marriage licenses from 8:00 a.m. until 4:00 p.m. The busiest time of day is from 3:00 to 5:00 p.m. so we encourage couples to appear early in the day.

    Passport

  • Question: Where else can I get information about passports?
  • Answer:

    Most questions regarding passports and travel abroad are addressed by the US Passport website http://travel.state.gov

  • Question: What do I need to apply for a passport?
  • Answer:

    A passport application, instructions, and information as to documentation requirements can be obtained through the US Department of State http://travel.state.gov

  • Question: What are your hours for issuing passport applications?
  • Answer:

    We can accommodate passport applicants from 8:00 a.m. until 4:00 p.m. Each application process can take anywhere from 15 minutes to half and hour depending upon documentation available, proper fees, etc.