reglab/housing_qa huggingface dataset:
MT Code § 40-5-823 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-823. Health coverage -- notice of intent to purchase

  40-5-823. Health coverage -- notice of intent to purchase. (1) The department or a court on request of the department may issue an order requiring the obligated parent to appear and show cause why an order should not be issued permitting the department to purchase individual insurance or health benefit plan coverage for the obligated parent's child and requiring recovery of the premium from the obligated parent if the tribunal finds that:   (a) a medical support obligation has been established by order of a tribunal;   (b) the obligated parent has become delinquent by failing to provide individual insurance or a health benefit plan or lets the individual insurance or health benefit plan lapse;   (c) there is no payor to whom an order of enrollment under 40-5-812 applies;   (d) the child is currently eligible for medical assistance benefits under Title XIX of the federal Social Security Act, as amended; and   (e) other individual insurance or a health benefit plan is available for the child and can be purchased at a reasonable cost.   (2) Prior to issuing or requesting an order to show cause, the department shall give the obligated parent notice of the intent to purchase coverage under this section and an opportunity to enroll the child in individual insurance or a health benefit plan within 30 days after notice is received by the obligated parent.   (3) If the obligated parent provides written proof within the 30 days after receipt of the notice that the child is enrolled in individual insurance or a health benefit plan, no further action may be taken by the department.   (4) After issuing a show cause order and after opportunity for hearing, the tribunal shall promptly rule upon the issues. The proceeding must be dismissed if the tribunal finds that the obligated parent has enrolled the child in individual insurance or a health benefit plan or that the individual insurance or plan that the department intends to purchase is not reasonable.   (5) A health benefit plan purchased under this section may be continued by the department until:   (a) the child is no longer eligible for medical assistance benefits;   (b) the obligated parent is no longer responsible under the law for the medical needs of the child; or   (c) the obligated parent provides written proof that the child has been enrolled in individual insurance or another adequate health benefit plan.   History: En. Sec. 23, Ch. 504, L. 1995.
MT Code § 40-5-825 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 8. Medical Support Order Enforcement|40-5-825. Rulemaking authority

  40-5-825. Rulemaking authority. The department may adopt rules to implement this part.   History: En. Sec. 25, Ch. 504, L. 1995.
MT Code § 40-5-902 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 9. Centralized Child Support Registration and Payment|40-5-902. through 40-5-905 reserved

  40-5-902 through 40-5-905 reserved.
MT Code § 40-5-908 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 9. Centralized Child Support Registration and Payment|40-5-908. Registration procedures

  40-5-908. Registration procedures. (1) In a court case, before a decree, judgment, or order may be docketed, the parties to the action or their attorneys shall prepare, on a form prescribed by the department, the abstract of a support order required under 40-5-907(3) and deliver it to the clerk of court whenever:   (a) a support order is entered or an existing order is modified after October 1, 1998;   (b) in an existing case not included under subsection (1)(a), the department has filed a notice of IV-D services and a support order is established, modified, adjusted, terminated, or otherwise affected or relief is granted from the support order; and   (c) in each case with a previously registered abstract, there is an action subsequent to registration that establishes, modifies, adjusts, terminates, grants relief from, or otherwise affects the support order in a registered case.   (2) The clerk of court shall deliver a completed abstract and copy of a non IV-D income-withholding order to the department within 5 working days of the receipt of an abstract or issuance of the non IV-D income-withholding order.   (3) (a) The department shall prepare and register abstracts of administrative support orders established by the department.   (b) For a foreign support order involving IV-D services from the department, the department shall attempt to acquire the information necessary for completion of the abstract from the person, court, or agency requesting IV-D services, and to the extent the information is provided, the department shall enter the information into the registry.   (4) As an alternative to the preparation and delivery of abstracts and non IV-D income-withholding orders to the department, the department may enter into cooperative agreements with district courts, clerks of court, or other appropriate agencies of this and other states to gather and transmit the information through electronic information networking systems.   History: En. Sec. 4, Ch. 552, L. 1997.
MT Code § 40-5-910 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 9. Centralized Child Support Registration and Payment|40-5-910. Distribution of payments

  40-5-910. Distribution of payments. (1) Support payments processed through the case processing unit must be promptly disbursed unless one of the following circumstances or a similar circumstance prevents prompt distribution:   (a) the location of the obligee is unknown;   (b) the support debt is in litigation or, in an income-withholding case, the income-withholding action is contested; or   (c) the department receives a payment that does not include sufficient information to identify the case or the obligee.   (2) A disbursement must comply with department rules for distribution in IV-D cases, notwithstanding an endorsement or other writing accompanying the payment that restricts disbursement or purports to direct disbursement in a manner contrary to the department's rules.   (3) If the department is unable to make a distribution because the obligee's location is unknown, the department shall return the payment to the obligor.   (4) If a payment properly distributed under this section is later determined by a court or by department decision to be refundable to the obligor for any reason, except for when the department is the obligee, the department need not pay the refund or recover the refunded amount from the obligee or from any person or agency to whom the amount was distributed.   (5) If the department distributes a support payment in error or if a distribution is made to a person, obligee, or agency not entitled to retain the distributed amount, the department may obtain restitution by means of a setoff against future payments, including arrears payments, received on behalf of the person, obligee, or agency. A setoff against future payments of current support is limited to 10% of the payment.   History: En. Sec. 6, Ch. 552, L. 1997; amd. Sec. 16, Ch. 352, L. 2001.
MT Code § 40-5-911 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 9. Centralized Child Support Registration and Payment|40-5-911. Monitor payments -- enforcement

  40-5-911. Monitor payments -- enforcement. The department shall monitor all IV-D cases in the case registry and payment processing unit to promptly identify failures to make timely payment of support. If payment is not timely made, the department may:   (1) determine why a timely payment was not received and take any action the department considers appropriate if there is an order to withhold income issued to a current payor;   (2) promptly transmit an income-withholding order to the obligor's payor if the obligor is not currently subject to income withholding; or   (3) promptly transmit an income-withholding order upon receipt of information identifying a payor if a payor was formerly unknown; and   (4) take any additional enforcement action the department considers appropriate in all cases with an identified delinquency.   History: En. Sec. 7, Ch. 552, L. 1997.
MT Code § 40-5-912 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 9. Centralized Child Support Registration and Payment|40-5-912. through 40-5-920 reserved

  40-5-912 through 40-5-920 reserved.
MT Code § 40-5-921 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 9. Centralized Child Support Registration and Payment|40-5-921. Certification of records

  40-5-921. Certification of records. (1) Copies, including optically scanned copies, of support payment records, abstracts, and any supporting documents maintained by the case registry and payment processing unit, when certified by a designated employee of the department, must, without further proof or foundation, be admitted into evidence in any legal proceedings.   (2) Support payment records for a case maintained in the case registry and payment processing unit constitute prima facie evidence of the amount of support paid and arrearages that have accrued since the department began to process and monitor support payments through the unit.   (3) Copies of judicial orders and other documents on file with a clerk of court, when transmitted to the department by the clerk by facsimile or other electronic means, are rebuttably presumed to be true and correct copies of the original documents and may be offered into evidence, without authentication or verification, in a department proceeding under this part. A person contesting the authenticity of the document may rebut the presumption with a certified copy of the original document.   History: En. Sec. 8, Ch. 552, L. 1997.
MT Code § 40-5-922 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 9. Centralized Child Support Registration and Payment|40-5-922. Directory of new hires -- employer reporting requirements

  40-5-922. (Temporary) Directory of new hires -- employer reporting requirements. (1) (a) An employer doing business in the state shall report to the department the hiring or rehiring of an employee to whom the employer anticipates paying income.   (b) An employer shall report the hiring or rehiring of an employee by submitting a copy of the employee's completed W-4 form or, at the option of the employer, its informational equivalent or any other format agreed to by the department. The report must include the employee's name, date of hire, social security number, and residential and mailing addresses, and the name, address, and federal identification number of the employer. The report may include the employee's date of birth.   (c) If an employer provides health or medical insurance coverage for an employee and the coverage may be extended to the employee's children, the employer may, along with the date the employee becomes eligible for coverage, provide that information as part of the new hire report under subsection (1)(b).   (2) Transmission of the reports must be by first-class mail, electronic or magnetic transmission, including facsimile transmission, or any other format agreed to by the department. Written reports must be submitted within 20 days of the employee's date of hire or rehire. Reports transmitted electronically or magnetically may be made by two transmissions monthly, if necessary, not less than 12 or more than 16 days apart.   (3) An employer who has employees in two or more states and who transmits new hire reports electronically or magnetically may comply with this section by designating one of the states in which there is an employee and transmitting the report of new hires to that state. A multistate employer who elects to report to only one state shall give written notice of the state to which the employer will transmit new reports. As required by 42 U.S.C. 653a(b)(1)(B), this notice must be transmitted to the secretary of the federal department of health and human services.   (4) An employer providing reports is not liable to the employee for the disclosure or any subsequent use by the processing center of the information. (Terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999.)   History: En. Sec. 9, Ch. 552, L. 1997.
MT Code § 40-5-923 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 9. Centralized Child Support Registration and Payment|40-5-923. Information and records -- disclosure

  40-5-923. Information and records -- disclosure. Information in the case registry and payment processing unit that contains the social security number, residential address, income sources, and employers of an obligee or obligor [and the employee W-4 forms or similar forms transmitted to the department] is private and confidential and may be disclosed only:   (1) to courts, tribunals, and administrative agencies in this and any agency of another state or an Indian tribe having jurisdiction over child support, custody, visitation, and welfare pursuant to 42 U.S.C. 651, et seq.;   (2) to public assistance and medicaid agencies and the revenue, workers' compensation, and employment security programs of this or any other state for the purpose of determining eligibility, continued eligibility, or fraud by programs operated by those agencies and programs;   (3) to the obligor or obligee who is the subject of the information;   (4) to the state vital statistics agency for the purposes of 50-15-302;   (5) to the department of revenue;   (6) for any other use permitted or required by the federal Social Security Act. (Bracketed language terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999.)   History: En. Sec. 10, Ch. 552, L. 1997; amd. Sec. 18, Ch. 21, L. 2005; amd. Sec. 69, Ch. 174, L. 2015.
MT Code § 40-5-1001 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1001. Short title

  40-5-1001. Short title. This part may be cited as the "Uniform Interstate Family Support Act".   History: En. Sec. 42, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-82; amd. Sec. 1, Ch. 328, L. 1993; Sec. 40-5-101, MCA 2013; redes. 40-5-1001 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1003 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1003. State tribunals and support enforcement agency

  40-5-1003. State tribunals and support enforcement agency. (1) The district courts and the department of public health and human services are the tribunals of this state.   (2) The department of public health and human services provided for in 2-15-2201 is the support enforcement agency of this state.   History: En. Sec. 3, Ch. 328, L. 1993; amd. Sec. 125, Ch. 546, L. 1995; amd. Sec. 20, Ch. 174, L. 2015; Sec. 40-5-143, MCA 2013; redes. 40-5-1003 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1004 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1004. Remedies cumulative

  40-5-1004. Remedies cumulative. (1) Remedies provided by this part are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.   (2) This part does not:   (a) provide the exclusive method of establishing or enforcing a support order under the law of this state; or   (b) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this part.   History: En. Sec. 3, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-43; amd. Sec. 4, Ch. 328, L. 1993; Sec. 40-5-104, MCA 1991; redes. 40-5-144 by Code Commissioner, 1993; amd. Sec. 21, Ch. 174, L. 2015; Sec. 40-5-144, MCA 2013; redes. 40-5-1004 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1005 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1005. Application of part to resident of foreign country and foreign support proceeding

  40-5-1005. Application of part to resident of foreign country and foreign support proceeding. (1) A tribunal of this state shall apply 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1070 and, as applicable, 40-5-1073 through 40-5-1085 to a support proceeding involving:   (a) a foreign support order;   (b) a foreign tribunal; or   (c) an obligee, obligor, or child residing in a foreign country.   (2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1070.   (3) Sections 40-5-1073 through 40-5-1085 apply only to a support proceeding under the convention. In such a proceeding, if a provision of 40-5-1073 through 40-5-1085 is inconsistent with 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1070, 40-5-1073 through 40-5-1085 control.   History: En. Sec. 1, Ch. 174, L. 2015; amd. Sec. 8, Ch. 131, L. 2019.
MT Code § 40-5-1006 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1006. and 40-5-1007 reserved

  40-5-1006 and 40-5-1007 reserved.
MT Code § 40-5-1008 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1008. Bases for jurisdiction over nonresident

  40-5-1008. Bases for jurisdiction over nonresident. (1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:   (a) the individual is personally served with notice within this state;   (b) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;   (c) the individual resided with the child in this state;   (d) the individual resided in this state and provided prenatal expenses or support for the child;   (e) the child resides in this state as a result of the acts or directives of the individual;   (f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;   (g) the individual asserted parentage of a child in the putative father registry maintained in this state by the department of public health and human services; or   (h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.   (2) The bases of personal jurisdiction set forth in subsection (1) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of 40-5-1065 are met or, in the case of a foreign support order, unless the requirements of 40-5-1069 are met.   History: En. Sec. 5, Ch. 328, L. 1993; amd. Sec. 22, Ch. 174, L. 2015; Sec. 40-5-145, MCA 2013; redes. 40-5-1008 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 9, Ch. 131, L. 2019.
MT Code § 40-5-1009 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1009. Duration of personal jurisdiction

  40-5-1009. Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this part or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by 40-5-1012, 40-5-1013, and 40-5-1018.   History: En. Sec. 2, Ch. 174, L. 2015.
MT Code § 40-5-1010 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1010. Initiating and responding tribunal of state

  40-5-1010. Initiating and responding tribunal of state. Under this part, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.   History: En. Sec. 7, Ch. 328, L. 1993; amd. Sec. 24, Ch. 174, L. 2015; Sec. 40-5-147, MCA 2013; redes. 40-5-1010 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1011 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1011. Simultaneous proceedings

  40-5-1011. Simultaneous proceedings. (1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:   (a) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;   (b) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and   (c) if relevant, this state is the home state of the child.   (2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:   (a) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;   (b) the contesting party timely challenges the exercise of jurisdiction in this state; and   (c) if relevant, the other state or foreign country is the home state of the child.   History: En. Sec. 8, Ch. 328, L. 1993; amd. Sec. 25, Ch. 174, L. 2015; Sec. 40-5-148, MCA 2013; redes. 40-5-1011 by Sec. 71, Ch. 174, L. 2015.