reglab/housing_qa huggingface dataset:
MT Code § 40-5-252 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-252. Interest on debts due -- waiver

  40-5-252. Interest on debts due -- waiver. (1) The department may collect interest on any support debt due and owing to it at the statutory interest rate payable on judgments recovered in the courts of this state.   (2) No provision of this part may be construed to require the department to maintain interest balance due accounts. The department may waive interest if waiver would facilitate the collection of the debt.   History: En. Sec. 24, Ch. 612, L. 1979; amd. Sec. 22, Ch. 549, L. 1989.
MT Code § 40-5-253 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-253. Administrative findings and order -- administrative remedies -- judicial review

  40-5-253. Administrative findings and order -- administrative remedies -- judicial review. (1) It is the intent of this part that administrative findings and orders be subject to judicial review, but administrative remedies must be exhausted prior to judicial review. The administrative procedures described in this part are subject to review in the appropriate district court. Except as provided in subsections (3) through (5), the review must be conducted pursuant to the Montana Administrative Procedure Act. Upon a showing by the department that administrative remedies have not been exhausted, the district court shall refuse review until the remedies are exhausted.   (2) This part may not be construed to abridge or in any way affect the obligor's right to counsel during any and all judicial or administrative proceedings pursuant to this part.   (3) A petition for judicial review is an original action and may not be filed under a preexisting cause number or joined with any other action.   (4) A summons must be issued and served under Rule 4, Montana Rules of Civil Procedure, upon the child support enforcement division of the department and each party, along with the petition for judicial review. The division may be served through any of its employees. The district court does not obtain jurisdiction unless the petition for judicial review is served on all parties within 30 days after the petition is filed with the district court.   (5) The district court shall set a briefing schedule for a petition for judicial review. A reference in a brief to the administrative record must be to a particular part of the record, suitably designated, and to specific pages of that part of the record. Intelligible abbreviations may be used. A reference to an exhibit must be to the pages of the transcript on which the exhibit is identified, offered in evidence, and received or rejected. After briefs have been filed and upon motion of a party, the district court may order oral argument.   History: En. Sec. 25, Ch. 612, L. 1979; amd. Sec. 23, Ch. 549, L. 1989; amd. Sec. 9, Ch. 482, L. 1997; amd. Sec. 9, Ch. 579, L. 1999.
MT Code § 40-5-254 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-254. Statutory limitations

  40-5-254. Statutory limitations. Support debts ensuing as a result of determinations made through the administrative procedures described in this part are subject to statutory limitations as set forth in Title 27, chapter 2.   History: En. Sec. 26, Ch. 612, L. 1979; amd. Sec. 24, Ch. 549, L. 1989.
MT Code § 40-5-255 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-255. Charging off child support debts as uncollectible -- sale of support debts

  40-5-255. Charging off child support debts as uncollectible -- sale of support debts. (1) Any support debt due the department from an obligor, which debt the department determines uncollectible, may be transferred from accounts receivable to a suspense account and cease to be accounted as an asset. If a warrant for distraint has been filed and the support debt has subsequently been charged off as uncollectible, the department shall issue a release of lien.   (2) At any time after 10 years from the date of termination of the support obligation or after 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, the department may charge off as uncollectible any support debt upon which the department finds there is no available, practical, or lawful means by which the support debt may be collected. A proceeding or action under the provisions of this part may not be begun after expiration of the 10-year period to institute collection of a support debt. This part may not be construed to render invalid or nonactionable a warrant for distraint issued by the department prior to the expiration of the 10-year period or an assignment of earnings executed prior to the expiration of the 10-year period.   (3) The department may discount and sell to a private collection agency, credit bureau, or other private entity any interest that the state and the department may have in the unpaid balance of the support debt created by 40-5-221 and 53-4-248 or assigned to the department under 53-2-613.   (a) The sale must be by sealed bid to the highest bidder provided that the highest bid is not less than 10% of the value of the support debt subject to the sale.   (b) The sale must be subject to conditions and terms that the department may set out in a sales contract.   (c) The department shall publish notice of the sale in a newspaper having statewide circulation once a week for 4 successive weeks.   (d) Proceeds must be paid into the state treasury to the credit of the child support enforcement division special revenue fund.   History: En. Sec. 27, Ch. 612, L. 1979; amd. Sec. 49, Ch. 439, L. 1981; amd. Sec. 3, Ch. 561, L. 1985; amd. Sec. 25, Ch. 549, L. 1989; amd. Sec. 19, Ch. 631, L. 1993; amd. Sec. 10, Ch. 60, L. 1995; amd. Sec. 6, Ch. 264, L. 1995.
MT Code § 40-5-256 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-256. Employee debtor rights protected -- limitation

  40-5-256. Employee debtor rights protected -- limitation. No employer may discharge or prejudice an employee for reason that an assignment of earnings has been presented in settlement of a support debt or that a warrant for distraint has been served against the employee's earnings. This provision does not apply if more than three warrants are served upon the same employer within any period of 12 consecutive months.   History: En. Sec. 28, Ch. 612, L. 1979; amd. Sec. 50, Ch. 439, L. 1981.
MT Code § 40-5-257 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-257. Assignment of earnings to be honored -- effect

  40-5-257. Assignment of earnings to be honored -- effect. (1) Any person, firm, corporation, association, political subdivision, or department of the state employing an obligor shall honor, according to its terms, a duly executed assignment of earnings, whether executed voluntarily or pursuant to a support order presented by the department. This requirement to honor the assignment of earnings and the assignment of earnings itself are applicable whether the earnings are to be paid presently or in the future and continue in force until released in writing by the department.   (2) Payment of money pursuant to an assignment of earnings presented by the department serves as full acquittance under any contract of employment. The state shall defend and hold harmless any action taken pursuant to the assignment of earnings. The department is released from liability for improper receipt of money under an assignment of earnings upon return of any money so received.   History: En. Sec. 29, Ch. 612, L. 1979; amd. Sec. 26, Ch. 549, L. 1989.
MT Code § 40-5-258 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-258. through 40-5-260 reserved

  40-5-258 through 40-5-260 reserved.
MT Code § 40-5-261 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-261. Procedures for making information available to consumer reporting agencies

  40-5-261. Procedures for making information available to consumer reporting agencies. (1) The department may make information about a support debt available to consumer reporting agencies, as defined in 31-3-102, upon request. The department may charge a fee to recover the cost of responding to requests for support debt information. The department shall provide advance notice to the obligor concerning the proposed release of information. However, lack of actual notice does not preclude the release of information to consumer reporting agencies. The notice may be incorporated into any notice served pursuant to Title 17, chapter 4, part 1; Title 40, chapter 5, part 4; this part; or the federal income tax refund intercept program under 42 U.S.C. 664. The notice must inform the obligor of the methods available for contesting the accuracy of the information.   (2) If contacted by an obligor wishing to contest the accuracy of information proposed for release to consumer reporting agencies, the department shall conduct an informal administrative review, separately or in conjunction with a hearing on any other matter concerning the obligor's support obligation, to determine the accuracy of the information. The accuracy of information provided by the department to consumer reporting agencies may be contested in accordance with the procedures provided in 31-3-124. An obligor dissatisfied with the outcome of a reinvestigation conducted by a consumer reporting agency may receive an administrative hearing on the accuracy of the information by filing a written request with the department. The hearing must be conducted in accordance with 40-5-226, and the resulting findings are subject to judicial review as provided in 40-5-253.   (3) The department shall within 30 days notify all consumer reporting agencies that were provided information pursuant to this section if a reported support debt is paid in full or is no longer being enforced by the department.   History: En. Sec. 6, Ch. 418, L. 1989.
MT Code § 40-5-262 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-262. Rules

  40-5-262. Rules. The department shall adopt rules to implement this section, including rules:   (1) providing for advance notice to the obligor of support debt information requested under 40-5-261;   (2) establishing the procedure for contesting the accuracy of information proposed for release to consumer reporting agencies;   (3) providing for consideration of the obligor's payment record, the availability of other remedies, and other matters relevant to determining whether the release of information would promote the collection of a support debt or would be inappropriate under the circumstances; and   (4) governing the format and frequency of reports to consumer reporting agencies.   History: En. Sec. 7, Ch. 418, L. 1989.
MT Code § 40-5-264 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-264. Cooperative agreements

  40-5-264. Cooperative agreements. (1) The department may enter into cooperative agreements with any person, firm, corporation, association, political subdivision, Indian tribe or tribal organization as defined in 25 U.S.C. 450b, or department of this state as a cooperating contractor to provide enforcement services.   (2) A cooperating contractor:   (a) shall act as an independent support enforcement contractor if the cooperating contractor provides enforcement services; and   (b) may pursue any remedy available to the department, as limited by the terms of the cooperative agreement.   (3) The department may refer an enforcement case to a cooperating contractor in the county where the obligor resides.   History: En. Sec. 3, Ch. 287, L. 1989; amd. Sec. 53, Ch. 552, L. 1997.
MT Code § 40-5-265 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-265. through 40-5-270 reserved

  40-5-265 through 40-5-270 reserved.
MT Code § 40-5-272 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-272. Application for review of child support orders

  40-5-272. Application for review of child support orders. (1) Upon the application of the department, the obligor, or the obligee, a support order issued by a district court of this state or by a court or administrative agency of another state, tribe, or foreign country as defined in 40-5-1002 or a previously issued administrative support order of this state may be reviewed by the department to determine whether the support order should be modified in accordance with the guidelines.   (2) Jurisdiction to conduct the review and to issue a modifying order under 40-5-273, 40-5-277, and 40-5-278 is authorized when:   (a) this state has issued the order and the obligor and the obligee reside in this state; or   (b) this state has jurisdiction as provided under the Uniform Interstate Family Support Act.   (3) Jurisdiction to review a child support order under this section does not confer jurisdiction for any other purpose, such as custody or visitation disputes.   (4) Criteria constituting sufficient grounds for review of a child support order include:   (a) a substantial change in circumstances as defined by administrative rules;   (b) the need to provide for the child's health care needs, regardless of the availability of health insurance coverage through employment or other group insurance;   (c) a lapse of 36 months from the date that:   (i) the order was entered;   (ii) an administrative hearing was granted under 40-5-277; or   (iii) an administrative order was issued denying a modification because of the applicant's failure to meet one of the criteria described in this subsection (4); or   (d) a change in custody of the child.   (5) A party may withdraw the party's request for modification prior to the issuance of the notice described in 40-5-273. After the issuance of the notice, if a party withdraws a request for modification, the nonrequesting party may continue the modification action by filing with the department a written request to continue.   (6) The department shall make available procedures and forms that allow the obligor or the obligee to complete the review process without legal counsel.   History: En. Sec. 2, Ch. 266, L. 1991; amd. Sec. 50, Ch. 328, L. 1993; amd. Sec. 3, Ch. 542, L. 2001; amd. Sec. 6, Ch. 564, L. 2005; amd. Sec. 68, Ch. 174, L. 2015; amd. Sec. 1, Ch. 131, L. 2019.
MT Code § 40-5-274 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-274. Renumbered 40-5-290

  40-5-274. Renumbered 40-5-290. Code Commissioner, 2001.
MT Code § 40-5-275 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-275. Renumbered 40-5-291

  40-5-275. Renumbered 40-5-291. Code Commissioner, 2001.
MT Code § 40-5-276 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-276. Repealed

  40-5-276. Repealed. Sec. 10, Ch. 564, L. 2005.   History: En. Sec. 5, Ch. 542, L. 2001.
MT Code § 40-5-278 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-278. Limited review of support order

  40-5-278. Limited review of support order. A party may apply for a limited review to address a specific change that occurred after a support order was entered, that is not caused by an increase or decrease in a party's annual net income, and that may have other effects on the existing support order. It is presumed that all other facts relative to the existing support order, including income and deductions from income, remain unchanged. Information gathered is limited to that which is necessary to verify the change, the value of the change, and the expected duration of the change. The department's recommendation must be limited to whether the value of the change should be added to or subtracted from the amount of the existing support order. If a more detailed modification is required in a case presented for limited review, the case becomes subject to the requirements of 40-5-277. The circumstances in which a limited review process is available are confined to cases in which:   (1) there is a change in parenting time or residence of a child and a modified support order has not been entered as a result of the change;   (2) a child's need for day-care services has increased or decreased and the increase or decrease is expected to continue for at least 18 months;   (3) a child has developed special needs that did not exist when the existing support order was issued and the needs are expected to continue for at least 18 months or a special need considered in the support order no longer exists;   (4) the cost of health insurance coverage for a child provided by a parent has increased or decreased by 25% of the support order and the increase or decrease is expected to continue for at least 18 months;   (5) there has been the birth of another child to the parties and the child's needs are to be added to the existing support order; or   (6) a child has reached the age of majority, become emancipated, married, entered military service, or died.   History: En. Sec. 7, Ch. 542, L. 2001.
MT Code § 40-5-279 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-279. through 40-5-289 reserved

  40-5-279 through 40-5-289 reserved.
MT Code § 40-5-290 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-290. Child support payments to follow child

  40-5-290. Child support payments to follow child. (1) A support order issued or modified under this part must contain a provision requiring the child support obligation to be paid to:   (a) the legal custodian of the minor child;   (b) a person, organization, or agency to which the legal custodian voluntarily or involuntarily relinquishes physical custody of the child; or   (c) to any other person, organization, or agency entitled by law, assignment, or similar reason to receive or collect the child support obligation.   (2) If the department is providing services under Title IV-D of the Social Security Act, payment of support must be made through the department for distribution to the person, organization, or agency entitled to the payment.   (3) An order that omits the provision required by subsection (1) is subject to the requirements of subsection (1) without need for an amendment to the order or for any further action by the department.   History: En. Sec. 24, Ch. 631, L. 1993; amd. Sec. 56, Ch. 552, L. 1997; Sec. 40-5-274, MCA 1999; redes. 40-5-290 by Code Commissioner, 2001.
MT Code § 40-5-291 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 2. Administrative Enforcement of Support|40-5-291. Order to seek employment

  40-5-291. Order to seek employment. (1) In a proceeding under this chapter to enforce a support order, if an obligor claims inability to pay support because of unemployment or underemployment, the department may order the obligor to seek suitable employment and make progress reports on that activity to the department unless the obligor proves by a preponderance of the evidence that:   (a) the obligor is engaged in diligent, bona fide efforts to seek suitable employment; or   (b) the obligor, due to illness, injury, or other incapacity, does not have the ability to seek employment or to engage in work if employment is offered to the obligor.   (2) The seek-work order must direct the obligor to:   (a) seek employment within a specified amount of time;   (b) file a weekly report with the department showing at least five new attempts by the obligor to find employment; and   (c) include in the report filed under subsection (2)(b) the name, address, and telephone number of the employers with whom the obligor sought employment and the name of the individuals the obligor contacted to inquire about or apply for employment.   (3) The order is effective for 6 months or until the obligor finds work, whichever occurs first.   (4) Failure to report or otherwise comply with a seek-work order, absent good cause, is evidence of willful nonpayment of child support for which the obligor may be determined to have committed the offense of nonsupport under 45-5-621 or may be held in civil contempt under Title 40, chapter 5, part 6. The department may enforce the order as provided in 40-5-226.   (5) For the purpose of this section, "suitable employment" is employment commensurate with the obligor's education, training, professional or occupational qualifications, job skills, work history, and the availability of employment opportunities in the community, or in the absence of commensurate employment available within a reasonable range of the obligor's area of residence, suitable employment is any employment that the obligor is capable of performing.   History: En. Sec. 12, Ch. 552, L. 1997; Sec. 40-5-275, MCA 1999; redes. 40-5-291 by Code Commissioner, 2001.
MT Code § 40-5-301 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-301. Short title

  40-5-301. Short title. This part may be cited as the "Child Support Income Deduction Act of 1981".   History: En. Sec. 1, Ch. 171, L. 1981.
MT Code § 40-5-302 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-302. Purpose -- applicability

  40-5-302. Purpose -- applicability. (1) The purpose of this part is to provide a direct method of deducting money from a person's income for the payment of child support.   (2) Income withholding under this part is available without amendment of the support order even though the support order did not provide for withholding or provided for other payment arrangements.   History: En. Sec. 2, Ch. 171, L. 1981; amd. Sec. 57, Ch. 552, L. 1997.
MT Code § 40-5-304 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-304. When child support payments considered delinquent

  40-5-304. When child support payments considered delinquent. (1) Nonpayment of child support required by a district court or administrative order or by a similar order of a court of another jurisdiction becomes delinquent under this part 8 working days after the last day of the month in which the payment is due.   (2) Child support payments may be considered delinquent under this part only in reference to a court or administrative order setting child support payments.   (3) Intervening agreements or orders establishing a schedule for payment of delinquent support do not prevent income withholding under this part.   History: En. Sec. 4, Ch. 171, L. 1981; amd. Sec. 4, Ch. 635, L. 1991; amd. Sec. 59, Ch. 552, L. 1997.