D'EWART v. Neibauer

Plaintiff Tina D’Ewart filed an action for declaratory judgment in the District Court of the Twelfth Judicial District, Hill County. The District Court held that Section 46.10.512, A.R.M., was invalid as applied to the plaintiff, holding accrued but unpaid child care costs could be claimed as deductions from gross income when figuring AFDC payments. The Hill County Welfare Department and the Montana Department of Social and Rehabilitation Services (SRS) appeal. We reverse and remand.

The issue is:

Can the AFDC child care deduction found in Section 46.10.512, A.R.M., be applied to child care…