reglab/housing_qa huggingface dataset:
MT Code § 40-5-417 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-417. Modification or termination of withholding orders

  40-5-417. Modification or termination of withholding orders. (1) The department may at any time modify the order to withhold income to:   (a) reflect payment in full of the arrearages by income withholding or otherwise;   (b) recognize an increase or decrease in the support order; or   (c) indicate any other reason the amount to be withheld is to be reduced or changed.   (2) If an arrearage occurs while the department is collecting an amount of money necessary to pay current installments of support as they become due and payable, the department may adjust the amount of income required to be withheld to also satisfy the arrearage, as provided in this part.   (3) An income-withholding order terminates only when the department is no longer authorized under the law to collect support or, when appropriate, services rendered under 40-5-203 have come to an end or when the obligation to pay support is terminated and all arrearages are paid in full, whichever occurs first.   (4) The payment in full of any arrearage amount may not be the sole basis for termination of withholding as long as there is a support obligation enforceable by the department.   History: En. Sec. 14, Ch. 571, L. 1985; amd. Sec. 14, Ch. 702, L. 1989; amd. Sec. 13, Ch. 635, L. 1991.
MT Code § 40-5-418 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-418. Payment records

  40-5-418. Payment records. (1) The department, in collecting, disbursing, or receiving payments pursuant to orders to withhold income, shall maintain complete, accurate, and clear records of all payments and disbursements.   (2) Certified payment records maintained by the department must, without further proof or foundation, be admitted into evidence in any legal proceedings under this part. Such records constitute prima facie evidence of the amount of support paid and arrearages that have accrued since the department began to monitor support payment in a case.   History: En. Sec. 15, Ch. 571, L. 1985.
MT Code § 40-5-419 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-419. Alternative method of payment in lieu of income withholding

  40-5-419. Alternative method of payment in lieu of income withholding. (1) If an obligor who would otherwise be subject to immediate income withholding under 40-5-411 demonstrates good cause not to require immediate income withholding and the department concurs, the department may enter into a written agreement with the obligor that provides for an alternative method of payment in lieu of and to satisfy immediate income withholding.   (2) The agreement must allow funds to be deducted from a financial institution deposit account or to be paid by credit card.   (3) To qualify for an alternative method of payment, an obligor must have paid the full amount of the child support obligation for the lesser of either the past 12 months or the time period since the support order was issued.   History: En. Sec. 4, Ch. 184, L. 2009.
MT Code § 40-5-420 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-420. reserved

  40-5-420 reserved.
MT Code § 40-5-421 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-421. Duties of payor

  40-5-421. Duties of payor. (1) A payor who has been served with an order to withhold and deliver income shall deduct the amount designated in the order beginning not later than the first pay period that occurs after service of the order. The payor shall, within 7 working days of the date the obligor is paid, promptly deliver the amount withheld to the department as directed by the order or in accordance with any subsequent modification of the order received from the department. The payor shall include with the payment a statement indicating the date the amount was withheld from the obligor's income.   (2) Whenever the payor is obligated to withhold income for more than one obligor, the payor may combine all amounts withheld into a single payment for that month with the portion of the withholding that is attributable to each obligor separately designated.   (3) (a) Whenever there is more than one order for withholding against a single obligor, the payor shall honor all withholding orders to the extent that the total amount withheld from the obligor's wages or salary does not exceed the limits set in 40-5-416. In no case may the allocation result in a withholding for one of the support obligations not being implemented.   (b) Withholding of current support that is less than the amount of current support due all obligees must be prorated among the obligees based on the amount of current support due each obligee.   (c) Withholding of support arrears must be distributed equally among the obligor's cases.   (4) The payor shall promptly notify the department of the termination of the obligor's employment or other source of income and provide the obligor's last-known address and the name and address of the obligor's new employer or other source of income, if known to the payor.   History: En. Sec. 10, Ch. 571, L. 1985; amd. Sec. 14, Ch. 635, L. 1991; amd. Sec. 75, Ch. 552, L. 1997; amd. Sec. 3, Ch. 131, L. 2019.
MT Code § 40-5-422 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-422. Obligor rights protected -- penalties

  40-5-422. Obligor rights protected -- penalties. (1) An employer may not discharge, discipline, or refuse to hire an obligor:   (a) because the person has a child support obligation; or   (b) because of the institution of income withholding on the obligor's income or the initiation of proceedings under this part.   (2) Any person who violates this section may be fined not more than $500 and not less than $150 and may be required to make full restitution to the aggrieved obligor, including reinstatement and backpay.   History: En. Sec. 12, Ch. 571, L. 1985; amd. Sec. 18, Ch. 702, L. 1989.
MT Code § 40-5-423 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-423. Priority of income withholding

  40-5-423. Priority of income withholding. An order to withhold and deliver income by any Title IV-D agency takes priority over any:   (1) wage or income deduction order under any other state law and any income-withholding order issued in another state and sent to a payor in this state by a non IV-D agency;   (2) voluntary or involuntary assignment of wages;   (3) other voluntary deductions from the obligor's income;   (4) levies, writs of execution, or garnishments of the obligor's income; and   (5) any other claims by creditors.   History: En. Sec. 13, Ch. 571, L. 1985; amd. Sec. 76, Ch. 552, L. 1997; amd. Sec. 4, Ch. 131, L. 2019.
MT Code § 40-5-424 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-424. Civil liability for failure to comply with income-withholding order

  40-5-424. Civil liability for failure to comply with income-withholding order. (1) A payor who fails to withhold and deliver support money from the obligor's income when ordered to do so under 40-5-415 is liable to the department for any amount up to the accumulated amount the payor should have withheld and delivered.   (2) No payor who complies with an order to withhold under this part is liable for wrongful withholding to the obligor or to any other person claiming rights derived from the obligor.   History: En. Sec. 11, Ch. 571, L. 1985.
MT Code § 40-5-425 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-425. Repealed

  40-5-425. Repealed. Sec. 22, Ch. 635, L. 1991.   History: En. Sec. 5, Ch. 702, L. 1989.
MT Code § 40-5-426 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-426. through 40-5-430 reserved

  40-5-426 through 40-5-430 reserved.
MT Code § 40-5-431 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-431. Registration of interstate income-withholding orders

  40-5-431. Registration of interstate income-withholding orders. (1) Whenever an obligor, whether or not the obligor resides in this state, derives income within this state and an order for income withholding of the obligor's income has been issued by another IV-D agency as a means to enforce support orders under Title IV-D of the Social Security Act, that agency may register the income-withholding order with the department. Upon registration of the withholding order issued by an entity other than the department, it must be treated in the same manner and have the same effect as an income-withholding order issued by the department. The provisions of 40-5-1059 through 40-5-1062 apply to this section to the extent that they are consistent with this section.   (2) The application for registration of an order issued by an entity other than the department for income withholding must include:   (a) a certified copy of the support order, with all modifications of the order;   (b) a certified copy of the income-withholding order;   (c) a sworn statement of the facts entitling the agency to issue an income-withholding order, including a statement of the amount of arrearages and a statement that all procedural due process requirements of the other jurisdiction for issuance of the income-withholding order have been carried out in full;   (d) the name, address, and social security number of the obligor;   (e) the name and address of the obligor's employer or of any other payor of income to the obligor if the order for income withholding of the other jurisdiction extends to other income; and   (f) the name and address of the agency or person to whom support payments collected by the department under income-withholding procedures should be transmitted.   (3) When the income-withholding order issued by an entity other than the department is registered, the department shall serve the order upon the payor, with directions to the payor to comply with the order and to deliver the withheld amounts to the department. Registration of an income-withholding order issued by an entity other than the department under this section does not confer jurisdiction for any other purpose, such as modification of the support order, custody, or visitation.   History: En. Sec. 16, Ch. 571, L. 1985; amd. Sec. 51, Ch. 328, L. 1993; amd. Sec. 9, Ch. 21, L. 2005.
MT Code § 40-5-432 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-432. Application for withholding

  40-5-432. Application for withholding. (1) Whenever an obligor resides in this state and derives income within this state and a support order issued in another jurisdiction is being enforced by a public agency of that jurisdiction pursuant to Title IV-D of the Social Security Act, that agency may apply to the department for income-withholding services.   (2) The application for income withholding must include:   (a) a certified copy of the support order, with all modifications of the support order;   (b) an affidavit by the obligee containing a statement that the obligor is delinquent in the payment of support in an amount equal to at least 1 month's support payment and a computation of the period and total amount of the arrearage as of the date of the application;   (c) a certified copy of the payment record if the records are maintained by the agency or any other agency within that jurisdiction;   (d) the name, address, and social security number of the obligor;   (e) the name and address of all known payors within this state; and   (f) the name and address of the agency or person to whom support payments collected by the department under income-withholding procedures should be sent.   (3) Upon receipt of the application, the department shall begin procedures to establish orders for income withholding, including notice and opportunity for hearing under this part. The department shall further advise the obligor that the income withholding was requested on the basis of an application from another jurisdiction.   (4) In any hearing based on an application under this section, the certified copy of the support order and affidavit, without further proof or foundation, constitutes prima facie evidence that the support order is valid and that the obligee or public agency is entitled to an order of income withholding and that the amount of current support payments and arrearages are as stated.   (5) In accordance with 40-5-414, a final decision on whether or not income withholding is appropriate must be rendered within 45 days of service of notice on the obligor. If, however, because of the interjurisdictional aspects of the case, the hearing examiner is unable to resolve a dispute over the amount of arrearages within the time limit and the hearing examiner has found that the obligor is delinquent in an amount equal to at least 1 month's support payment, the hearing examiner shall authorize immediate service of the order for withholding as to current support and may continue the hearing on the disputed amounts beyond the 45-day limit.   History: En. Sec. 17, Ch. 571, L. 1985; amd. Sec. 10, Ch. 21, L. 2005.
MT Code § 40-5-433 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-433. Additional duties of department in income withholding

  40-5-433. Additional duties of department in income withholding. (1) If the department determines that the obligor is no longer employed in this state or no longer derives income within this state, the department shall promptly notify the agency that requested income withholding of the changes and shall forward to that agency all information it has with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income.   (2) The department shall promptly transmit payments received on an income-withholding order to the agency or person designated in the application.   History: En. Sec. 18, Ch. 571, L. 1985; amd. Sec. 15, Ch. 635, L. 1991; amd. Sec. 11, Ch. 21, L. 2005.
MT Code § 40-5-434 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-434. Initiation of income withholding in other jurisdictions

  40-5-434. Initiation of income withholding in other jurisdictions. Whenever the department is authorized or required under the laws of this state to enforce and collect on a support order and the obligor is employed or has a source of income outside of the state, the department shall request the Title IV-D agency responsible for income withholding in that jurisdiction to implement income-withholding procedures. The department shall compile and transmit to the withholding agency of the other jurisdiction all documentation required by the law of that jurisdiction necessary for the purpose of obtaining an income-withholding order in that jurisdiction. The department shall also transmit to the withholding agency a certified copy of any subsequent modification of the support order.   History: En. Sec. 19, Ch. 571, L. 1985; amd. Sec. 12, Ch. 21, L. 2005.
MT Code § 40-5-435 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-435. through 40-5-439 reserved

  40-5-435 through 40-5-439 reserved.
MT Code § 40-5-440 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-440. Repealed

  40-5-440. Repealed. Sec. 34, Ch. 504, L. 1995.   History: En. Sec. 18, Ch. 635, L. 1991.
MT Code § 40-5-441 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-441. Repealed

  40-5-441. Repealed. Sec. 34, Ch. 504, L. 1995.   History: En. Sec. 19, Ch. 635, L. 1991.
MT Code § 40-5-442 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-442. Repealed

  40-5-442. Repealed. Sec. 34, Ch. 504, L. 1995.   History: En. Sec. 20, Ch. 635, L. 1991.
MT Code § 40-5-443 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-443. Payors to provide information -- exemption from liability

  40-5-443. Payors to provide information -- exemption from liability. (1) For the purposes of this part, upon written request by the department or by another IV-D agency, a payor or former payor and any labor union of which the obligor or obligee is or may have been a member shall provide the requester with the following information, if known, regarding the obligor or obligee:   (a) last-known residential address;   (b) social security number;   (c) dates of employment or union membership;   (d) amounts of wages, salaries, commissions, contract proceeds, and other earnings or amounts paid;   (e) whether health insurance coverage is or was available through the payor or union and, if so:   (i) the name of the insurer or health care provider;   (ii) the policy numbers or other identifiers; and   (iii) the persons covered; and   (f) names, telephone numbers, and addresses of current and former employers, payors, and unions.   (2) A payor or labor union that discloses information in compliance with this section is exempt from any liability to the obligor or obligee that may result from the disclosure.   (3) Failure to disclose information in compliance with this section subjects the payor or labor union to the sanctions provided in 40-5-226.   (4) The requester shall keep the information provided under subsection (1) confidential except for purposes of Title IV-D of the Social Security Act.   History: En. Sec. 21, Ch. 635, L. 1991; amd. Sec. 7, Ch. 264, L. 1995; amd. Sec. 77, Ch. 552, L. 1997.
MT Code § 40-5-702 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 7. Suspension of Licenses for Nonsupport|40-5-702. Notice of intent to suspend license

  40-5-702. Notice of intent to suspend license. (1) Upon the petition of an obligee alleging the existence of a delinquency or upon the failure of an obligor to comply with a subpoena or warrant, a support enforcement entity may issue a notice of intent to suspend a license.   (2) The notice must be served upon the obligor personally or by certified mail and may:   (a) in a IV-D case, be incorporated into any notice served under Title 17, chapter 4, part 1, or Title 40, chapter 5, part 2 or 4;   (b) in all other cases, be combined with any other enforcement proceeding.   (3) The notice must state that the obligor's license will be suspended 60 days after service unless within that time the obligor:   (a) pays the entire support debt stated in the notice;   (b) enters into a payment plan approved by the support enforcement entity;   (c) complies with the subpoena or warrant; or   (d) appears and shows cause in a hearing before the support enforcement entity under 40-5-703 that suspension of a license is not appropriate.   (4) In a IV-D case, the notice must advise the obligor that hearings conducted under 40-5-703 are subject to the contested case provisions of the Montana Administrative Procedure Act.   History: En. Sec. 4, Ch. 523, L. 1993; amd. Sec. 79, Ch. 552, L. 1997.
MT Code § 40-5-703 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 7. Suspension of Licenses for Nonsupport|40-5-703. Hearing -- order suspending license

  40-5-703. Hearing -- order suspending license. (1) To show cause why suspension of a license would not be appropriate, the obligor shall request a hearing from the support enforcement entity that issued the notice of intent to suspend the license. The request must be made within 60 days of the date of service of the notice.   (2) Upon receipt of a request for hearing from an obligor, the support enforcement entity shall schedule a hearing for the purpose of determining if suspension of the obligor's license is appropriate. A court hearing may be conducted by teleconferencing methods. A department hearing must initially be conducted by teleconferencing methods and is subject to the Montana Administrative Procedure Act. The support enforcement entity shall stay suspension of the license pending the outcome of the hearing.   (3) The only issues that may be determined in a hearing under this section are the amount of the support debt or support obligation, if any, whether or not a delinquency exists, whether or not the obligor has entered into a payment plan, and whether or not the obligor failed to comply with a subpoena or warrant.   (4) If an obligor fails to respond to a notice of intent to suspend a license, fails to timely request a hearing, or fails to appear at a regularly scheduled hearing, the obligor's defenses, objections, or request for a payment plan must be considered to be without merit and the support enforcement entity shall enter a final decision and order accordingly.   (5) If the support enforcement entity determines that the obligor owes a delinquency and that the obligor has not entered into a payment plan or that the obligor failed to comply with a subpoena or warrant, the support enforcement entity shall issue an order suspending the obligor's license and ordering the obligor to refrain from engaging in the licensed activity. The support enforcement entity shall send a copy of the order suspending a license to the obligor and shall notify the licensing authority in writing of the suspension. Notification to the licensing authority is not required if the support enforcement entity has previously suspended the license of the obligor and the suspension is still in effect.   (6) The determinations of the department under this section are a final agency decision and are subject to judicial review under 40-5-253 and the Montana Administrative Procedure Act.   (7) A determination made by the support enforcement entity under this part is independent of any proceeding of the licensing authority to suspend, revoke, deny, terminate, or renew a license.   History: En. Sec. 5, Ch. 523, L. 1993; amd. Sec. 14, Ch. 482, L. 1997; amd. Secs. 80, 100, Ch. 552, L. 1997.
MT Code § 40-5-705 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 7. Suspension of Licenses for Nonsupport|40-5-705. through 40-5-708 reserved

  40-5-705 through 40-5-708 reserved.