reglab/housing_qa huggingface dataset:
MT Code § 40-5-214 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-214. Scale of suggested minimum contributions

  40-5-214. Scale of suggested minimum contributions. (1) The department shall establish a scale of suggested minimum contributions to assist counties and courts in determining the amount that a parent should be expected to contribute toward the support of a child under this part. The scale must be based on the uniform child support guidelines adopted by the department under 40-5-209.   (2) Copies of the scale must be made available to courts, county offices, and county attorneys and, upon request, to any other state or county officer or agency engaged in the administration or enforcement of this part. Attorneys admitted to practice in Montana may have access to the scale.   History: En. Sec. 9, Ch. 612, L. 1979; amd. Sec. 4, Ch. 702, L. 1989; amd. Sec. 1580, Ch. 56, L. 2009.
MT Code § 40-5-215 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-215. through 40-5-220 reserved

  40-5-215 through 40-5-220 reserved.
MT Code § 40-5-221 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-221. Debt to state by obligor -- limitations

  40-5-221. Debt to state by obligor -- limitations. (1) Except as provided in subsection (2), any payment of public assistance money made to or for the benefit of a child creates a debt due and owing the state of Montana by the obligor in an amount equal to the amount of public assistance money paid. In the case of an obligor who is an adoptive parent, a debt for public assistance paid may not accrue prior to the date of adoption.   (2) If a support order has been entered, the support debt created by this section may not exceed the amount of the order.   (3) If a child has been placed in foster care and a written agreement for payment of support exists between the obligor and any state agency, the support debt is limited to the amount provided for in the agreement. However, if a support order is or has been entered, the provisions of the order prevail over the agreement.   (4) The department shall adopt rules based on ability to pay, with respect to the level of support to be provided for in the agreements or modifications of the agreements based on changed circumstances.   (5) The department may establish and collect a debt created under this section in a proceeding that is in addition to and independent of the subrogation created by 40-5-202 and the assignment under 53-2-613.   History: En. Sec. 11, Ch. 612, L. 1979; amd. Sec. 10, Ch. 549, L. 1989; amd. Sec. 4, Ch. 264, L. 1995.
MT Code § 40-5-222 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-222. Support debt based upon support order -- notice -- contents -- action to collect

  40-5-222. Support debt based upon support order -- notice -- contents -- action to collect. (1) The department may issue a notice of a support debt accrued or accruing based upon a support order. The notice may be served upon the obligor, in the manner prescribed for the service of a summons in a civil action in accordance with the provisions of the Montana Rules of Civil Procedure, demanding payment within 20 days of the date of receipt.   (2) The notice of debt must include:   (a) a statement of the support debt accrued or accruing, computable on the amount required to be paid under any support order;   (b) a statement that the property of the debtor is subject to collection action;   (c) a statement that the property is subject to distraint and seizure and sale;   (d) a statement that the net proceeds will be applied to the satisfaction of the support debt; and   (e) a statement that the obligor is entitled to a fair hearing.   (3) Action to collect the support debt by distraint and seizure and sale is lawful after 20 days from the date of service upon the obligor or 20 days from the receipt or refusal by the debtor of the notice of debt.   (4) Within 20 days of the date of service of notice of support debt, the obligor may request a fair hearing as provided in 40-5-226.   (5) The department shall send a copy of the notice described in subsection (2) to the clerk of the district court for the judicial district in which the most recent support order was issued.   History: En. Sec. 12, Ch. 612, L. 1979; amd. Sec. 2, Ch. 188, L. 1981; amd. Sec. 41, Ch. 439, L. 1981; amd. Sec. 11, Ch. 549, L. 1989; amd. Sec. 1, Ch. 202, L. 2007.
MT Code § 40-5-223 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-223. Repealed

  40-5-223. Repealed. Sec. 17, Ch. 579, L. 1999.   History: En. Sec. 13, Ch. 612, L. 1979; amd. Sec. 42, Ch. 439, L. 1981; amd. Sec. 12, Ch. 549, L. 1989.
MT Code § 40-5-224 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-224. Finding of support liability based upon payment of public assistance -- support lien -- bond to release warrant -- action to collect

  40-5-224. Finding of support liability based upon payment of public assistance -- support lien -- bond to release warrant -- action to collect. (1) If the department reasonably believes that the obligor is not a resident of this state or is about to move from this state or has hidden, absconded, or left or has removed or is about to remove, secrete, waste, or otherwise dispose of property that could be made subject to collection action to satisfy the support debt, the department may issue a support lien pursuant to 40-5-248 during the pendency of a collection action initiated by a notice under this chapter. Further action may not be taken on the lien until final determination of the collection action. The department shall make and file in the record of the pending collection action an affidavit stating the reasons upon which the belief is founded. The obligor may furnish a bond, not to exceed the amount of the support debt, during pendency of the collection action, and in that case, liens issued must be released. If the collection action is resolved in favor of the obligor, any lien issued under this section must be amended or released.   (2) The department may commence action under the provisions of this part to collect the support debt on the date of issuance of the decision resulting from a collection action or upon the obligor's failure to timely request a hearing in a pending collection action.   History: En. Sec. 14, Ch. 612, L. 1979; amd. Sec. 43, Ch. 439, L. 1981; amd. Sec. 13, Ch. 549, L. 1989; amd. Sec. 13, Ch. 631, L. 1993; amd. Sec. 6, Ch. 579, L. 1999.
MT Code § 40-5-227 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-227. Filing and docketing of final orders -- orders effective as district court decrees

  40-5-227. Filing and docketing of final orders -- orders effective as district court decrees. (1) An abstract of any final administrative order under this chapter may be filed in the office of the clerk of the district court of any county of Montana and must be filed in the office of the clerk of the district court that received notice under 40-5-222(5). The order must be docketed in the judgment docket of the district court. The properly filed and docketed order has all the force, effect, and attributes of a docketed order or decree of the district court, including but not limited to lien effect and enforceability by supplemental proceedings, writs of execution, and contempt of court proceedings. A final administrative order of the department is effective and enforceable without filing and docketing the order in the district court. Contempt of court proceedings and writs of execution based on the administrative order may not be requested from the district court unless the administrative order is first docketed with the district court. The administrative order may not operate as a judgment lien unless the order is first docketed with the district court or a lien is otherwise perfected under the laws of this state, including 40-5-248.   (2) A final administrative order that determines and sets periodic support payments in the absence of a district court order, when filed and docketed under this section, may be modified by a district court order only as to installments accruing after actual notice to the parties of any motion for modification. The standard for a modification is that set forth in 40-4-208.   (3) The department may issue a warrant for distraint based upon a properly filed and docketed order pursuant to 40-5-247.   (4) If the department has filed an abstract pursuant to subsection (1) after issuing a notice of a support debt pursuant to 40-5-222, the department shall petition the district court to find the obligor in contempt if the obligor has not made a payment on the debt in 30 days.   History: En. Sec. 1, Ch. 544, L. 1985; amd. Sec. 2, Ch. 212, L. 1987; amd. Sec. 15, Ch. 631, L. 1993; amd. Sec. 46, Ch. 552, L. 1997; amd. Sec. 2, Ch. 202, L. 2007.
MT Code § 40-5-228 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-228. through 40-5-230 reserved

  40-5-228 through 40-5-230 reserved.
MT Code § 40-5-231 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-231. Jurisdiction and venue

  40-5-231. Jurisdiction and venue. (1) For purposes of an administrative action brought under this part, personal jurisdiction is established in the department over any individual or the individual's guardian or conservator if:   (a) the individual is personally or by certified mail served with notice within this state;   (b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document that has 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 the act of intercourse; or   (g) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.   (2) Personal jurisdiction over the individuals described in subsection (1) may be acquired by personal service or by service of notice by certified mail.   (3) If the child or either parent resides in this state, a hearing under this part may be held in the county where:   (a) the child resides;   (b) either parent resides; or   (c) the department or any of its regional offices is located.   History: En. Sec. 2, Ch. 119, L. 1989; amd. Sec. 55, Ch. 328, L. 1993; amd. Sec. 7, Ch. 482, L. 1997.
MT Code § 40-5-234 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-234. Paternity genetic tests -- use of expert's affidavit -- effect of test results -- records -- presumption

  40-5-234. Paternity genetic tests -- use of expert's affidavit -- effect of test results -- records -- presumption. (1) The department shall appoint an expert who is qualified in examining genetic markers to conduct any paternity genetic test required by 40-5-233.   (2) An affidavit documenting the chain of custody of any blood or tissue specimen is admissible to establish the chain of custody.   (3) If the scientific evidence resulting from a paternity genetic test:   (a) conclusively shows that the alleged father could not have been the natural father, the question of paternity must be resolved accordingly. A finding under this subsection is sufficient to overcome a presumption created by 40-6-105.   (b) shows a 95% or higher statistical probability of paternity, the alleged father is presumed to be the natural father of the child. This presumption may be rebutted in an appropriate action in district court by a preponderance of the evidence.   (c) does not exclude the alleged father and shows less than a 95% statistical probability of paternity, the test results may be weighed in conjunction with other evidence to establish paternity.   (4) The department may enter an order of nonpaternity based on a genetic test exclusion and may order the department of public health and human services to prepare an amended or substitute birth certificate.   (5) The department may enter in the support order registry established in 40-5-906 a written finding of any paternity presumption created by paternity genetic test results.   (6) A presumption of paternity established under this section is a sufficient basis for establishing a support order.   History: En. Sec. 5, Ch. 119, L. 1989; amd. Sec. 3, Ch. 70, L. 1995; amd. Sec. 3, Ch. 564, L. 2005; amd. Sec. 7, Ch. 364, L. 2019.
MT Code § 40-5-235 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-235. Effect of order establishing paternity -- birth records -- relief from order

  40-5-235. Effect of order establishing paternity -- birth records -- relief from order. (1) An administrative order of the department declaring the paternity of a child establishes the legal existence of the parent and child relationship for all purposes and confers or imposes all parental rights, privileges, duties, and obligations.   (2) Upon the request of the mother or father of a child born in this state, the department shall prepare a substitute certificate of birth, if necessary, consistent with the administrative order. The substitute certificate of birth is subject to the provisions of 40-6-123, with references to "court" taken to mean "department".   (3) Except for an order based on a consent to entry of an order declaring paternity, the department may set aside an administrative order establishing the paternity of a child upon the application of any affected party and upon a showing of any of the grounds and within the timeframes provided in Rule 60(c) and (d) of the Montana Rules of Civil Procedure.   (4) An order of the department under 40-5-232 through 40-5-235 may be reviewed under the provisions of Title 2, chapter 4, part 7.   History: En. Sec. 6, Ch. 119, L. 1989; amd. Sec. 78, Ch. 418, L. 1995; amd. Sec. 136, Ch. 546, L. 1995; amd. Sec. 49, Ch. 552, L. 1997.
MT Code § 40-5-236 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-236. Referral of paternity issue to district court -- record -- parties -- exclusion of other matters -- fees

  40-5-236. Referral of paternity issue to district court -- record -- parties -- exclusion of other matters -- fees. (1) If the scientific evidence resulting from a paternity genetic test does not exclude the alleged father and the alleged father continues to deny paternity, the alleged father shall file a written objection with the department within 20 days after service of the paternity genetic test results specifically requesting referral of the paternity issue to the district court. Upon receipt of the written objection, the department shall refer the matter to the district court for a determination based on the contents of the administrative hearing record and any further evidence that may be produced at trial. Except as otherwise provided in 40-5-231 through 40-5-237, proceedings in the district court must be conducted pursuant to Title 40, chapter 6, part 1.   (2) The administrative record must include:   (a) a copy of the notice of parental responsibility and the return of service of the notice;   (b) the alleged father's written denial of paternity, if any;   (c) the transcript of the administrative hearing;   (d) the paternity genetic test results and any report of an expert based on the results; and   (e) any other relevant information.   (3) Upon filing of the record with the district court, the court acquires jurisdiction over the parties as if they had been served with a summons and complaint. The department shall serve written notice upon the alleged father, as provided in 40-5-231(2), that the issue of paternity has been referred to the district court for determination.   (4) In a proceeding in the district court, the department shall appear on the issue of paternity only. The court may not appoint a guardian ad litem for the child unless the court in its discretion determines that an appointment is necessary and in the best interest of the child. Neither the mother nor the child is a necessary party, but either may testify as a witness.   (5) No other matter may be joined with an action to determine the existence or nonexistence of the parent and child relationship under this section. The parties shall institute an independent action to address other issues, including visitation and custody.   (6) Except as provided in 25-10-711, the department is not liable for attorney fees, including fees for attorneys assigned under 40-6-119, or fees of a guardian ad litem appointed under 40-6-110.   History: En. Sec. 7, Ch. 119, L. 1989; amd. Sec. 4, Ch. 70, L. 1995; amd. Sec. 8, Ch. 482, L. 1997; amd. Sec. 50, Ch. 552, L. 1997; amd. Sec. 27, Ch. 449, L. 2005; amd. Sec. 8, Ch. 364, L. 2019.
MT Code § 40-5-237 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence

  40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence. (1) In a matter referred to the district court, if an alleged father objects to the procedures for or the results of a paternity genetic test, the alleged father shall file a written objection with the court within 20 days after service of the notice required by 40-5-236(3). The court shall order an additional paternity genetic test upon the alleged father's advance payment for additional testing if a written objection is timely filed or at the request of the department. The alleged father's advance payment must be returned to the alleged father if the test does not produce evidence of the alleged father's paternity. An additional test must be performed by the same or another expert who is qualified in paternity genetic testing. Failure of the alleged father to make a timely challenge is considered a waiver of any defense to the test results or test procedures, including the chain of custody.   (2) If an objection to the paternity genetic test is not timely filed, the paternity genetic test expert's completed and certified report of the results and conclusions of a paternity genetic test is admissible as evidence without additional foundation testimony or other proof of authenticity and accuracy if the laboratory in which the expert performed the test is accredited for parentage testing by the American association of blood banks. Accreditation may be established by verified statement or reference to published sources. This subsection does not limit the right of a party to contest the identity of persons submitting to testing.   (3) In any hearing before the court or at trial, testimony relating to sexual intercourse of the mother with any person who has been excluded from consideration as a possible father of the child involved by the results of a paternity genetic test is inadmissible in evidence.   (4) When a paternity genetic test excludes an alleged father from possible paternity, the test is conclusive evidence of nonpaternity of the alleged father for all purposes in the district court.   History: En. Sec. 8, Ch. 119, L. 1989; amd. Sec. 5, Ch. 70, L. 1995; amd. Sec. 51, Ch. 552, L. 1997; amd. Sec. 9, Ch. 364, L. 2019.
MT Code § 40-5-238 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-238. Confidentiality of paternity hearings and records of proceedings

  40-5-238. Confidentiality of paternity hearings and records of proceedings. Because of the privacy interests involved, a hearing under 40-5-231 through 40-5-237 and this section for the purpose of determining paternity or reasonable cause to pursue paternity genetic testing is closed to the public. Attendance of others may be limited by the hearing officer as necessary to protect privacy rights. All papers and records of the proceedings, other than a final adjudication of paternity, are closed to public inspection, except that they may be opened upon consent of the parties and the hearing officer or, in exceptional cases, by order of the hearing officer.   History: En. Sec. 3, Ch. 264, L. 1995; amd. Sec. 10, Ch. 364, L. 2019.
MT Code § 40-5-239 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-239. and 40-5-240 reserved

  40-5-239 and 40-5-240 reserved.
MT Code § 40-5-241 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-241. Repealed

  40-5-241. Repealed. Sec. 27, Ch. 631, L. 1993.   History: En. Sec. 17, Ch. 612, L. 1979; amd. Sec. 46, Ch. 439, L. 1981; amd. Sec. 2, Ch. 544, L. 1985; amd. Sec. 16, Ch. 549, L. 1989; amd. Sec. 26, Ch. 702, L. 1989.
MT Code § 40-5-243 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-243. Release of excess to obligor

  40-5-243. Release of excess to obligor. If any person, firm, corporation, association, political subdivision, or department of the state has in its possession earnings, deposits, accounts, or balances in excess of the amount of the debt claimed by the department plus $100, that person or entity may release the excess to the obligor without liability under this part.   History: En. Sec. 19, Ch. 612, L. 1979; amd. Sec. 18, Ch. 549, L. 1989.
MT Code § 40-5-244 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-244. Repealed

  40-5-244. Repealed. Sec. 18, Ch. 352, L. 2001.   History: En. Sec. 20, Ch. 612, L. 1979; amd. Sec. 19, Ch. 549, L. 1989.
MT Code § 40-5-245 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-245. Repealed

  40-5-245. Repealed. Sec. 27, Ch. 631, L. 1993.   History: En. Sec. 21, Ch. 612, L. 1979; amd. Sec. 47, Ch. 439, L. 1981.
MT Code § 40-5-246 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-246. Repealed

  40-5-246. Repealed. Sec. 27, Ch. 631, L. 1993.   History: En. Sec. 23, Ch. 612, L. 1979; amd. Sec. 48, Ch. 439, L. 1981; amd. Sec. 20, Ch. 549, L. 1989.
MT Code § 40-5-249 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-249. and 40-5-250 reserved

  40-5-249 and 40-5-250 reserved.
MT Code § 40-5-251 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-251. Debt payment schedule

  40-5-251. Debt payment schedule. At any time after notice to the obligor, the department may set or reset a level and schedule of payments to be paid upon the debt consistent with the income, earning capacity, and resources of the obligor.   History: En. Sec. 22, Ch. 612, L. 1979; amd. Sec. 21, Ch. 549, L. 1989.