In Re the Marriage of Stevens, 2011 MT 106

Stevens petitioned for dissolution; they have three minor children and separated in 2008 after marriage in 2004.
Randy began a relationship with Samantha and resides with her and their child; trial occurred with bench ruling.
District Court adopted a permanent parenting plan, set child support at $1,188/month, and awarded Tiffany $2,500 in attorney fees.
Randy’s objections focused on overtime income, health insurance costs, and days with children; Tiffany opposed some arguments.
Court found Randy’s schedule 84 hours biweekly, awarded health insurance costs to Tiffany while ordering Randy to maintain coverage.
We reverse in part and remand for recalculation of child support consistent with this opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the district court err in Randy's child support calculation?	Stevens contends overtime and insurance issues; days calculation inaccurate.	Stevens argues overtime mischaracterized; health insurance costs should not be credited.	Remand for recalculation; overtime inclusion upheld; health insurance costs credit required.
Did the district court err by ordering Randy to reimburse Tiffany's attorney fees?	Stevens argues fees not shown as reasonable or supported by a hearing.	Harkin-Dennison framework supports award based on financial resources and evidence.	Award affirmed; hearing not required given record and acquiescence.

In re Marriage of Harkin, 999 P.2d 969 (Mont. 2000) (attorney fees must be reasonable and based on competent evidence)
In re Marriage of Dennison, 132 P.3d 535 (Mont. 2006) (abuse of discretion standard for fee awards)
In re Marriage of Frick, 359 Mont. 296 (Mont. 2011) (credit for health insurance costs when provided; trial record matters)
In re Marriage of Hogstad, 914 P.2d 584 (Mont. 1996) (court not to credit insurance costs if not incurred at trial)
In re Marriage of Williams, 360 Mont. 46 (Mont. 2011) (actual income and fair reflection of resources for support)