reglab/housing_qa huggingface dataset:
MT Code § 40-5-305 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-305. Notice

  40-5-305. Notice. (1) A party initiating income deductions under this part shall serve the obligor with notice if:   (a) an order for immediate income deductions is issued because of a delinquency;   (b) additional delinquencies accrued subsequent to the issuance of an income-deduction order and the requesting party proposes to add those delinquencies to an existing order for income deductions;   (c) immediate withholding under 40-5-315 or delinquency withholding under 40-5-303 has commenced for current support and there are delinquencies due for a period prior to issuance of the income-deduction order that the requesting party proposes to add to the deduction order; or   (d) the obligation to pay current support has terminated and there are support arrears still owing for the period prior to termination.   (2) The notice must contain a statement:   (a) of the amount subject to withholding, including a computation showing the period and total amount of the delinquency as of the date of the notice;   (b) that withholding applies to all current and subsequent payors;   (c) of the procedures to follow if the obligor desires to contest income withholding on the grounds that the initiation of withholding or the modification of an existing order for deductions is improper or that the amount to be deducted is in error due to a mistake of fact; and   (d) of the period of time within which the obligor is required to file a request for hearing and that failure to file the hearing request within the time limit will result in an income-deduction order being served upon the payor for the amount stated in the notice.   (3) The notice must be served upon the obligor personally or by certified mail.   History: En. Sec. 5, Ch. 171, L. 1981; amd. Sec. 60, Ch. 552, L. 1997.
MT Code § 40-5-306 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-306. Discharge of delinquency

  40-5-306. Discharge of delinquency. (1) In a case in which only arrears are owed, if the obligor pays the total amount of child support in arrears within 15 days after service of the notice specified in 40-5-305, an order for deduction may not issue. This discharge of delinquency does not affect or otherwise limit any action as a result of any subsequent delinquencies.   (2) If there is a current support obligation, payment of arrears after service of the notice required under 40-5-305 or after service of the income-deduction order on the payor does not prevent the issuance or continuance of an income-deduction order for the payment of current support.   History: En. Sec. 6, Ch. 171, L. 1981; amd. Sec. 61, Ch. 552, L. 1997.
MT Code § 40-5-307 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-307. Delinquency of child support denied -- hearing

  40-5-307. Delinquency of child support denied -- hearing. If, within 15 days after service of a notice under 40-5-305, the obligor responds to the notice and denies that income withholding initiated because of a delinquency is proper or denies that the amount or arrearages stated in the notice is owing, the district court shall hold a hearing to determine whether income withholding will take place or continue.   History: En. Sec. 7, Ch. 171, L. 1981; amd. Sec. 62, Ch. 552, L. 1997.
MT Code § 40-5-308 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-308. Order for deduction from income for child support payments

  40-5-308. Order for deduction from income for child support payments. (1) The court may authorize the requesting party to continue an immediate income-deduction order issued because of a delinquency, may modify an existing deduction order, or may authorize issuance of an income-deduction order if:   (a) the obligor fails to timely respond to the notice provided under 40-5-305;   (b) the obligor fails to appear at a scheduled hearing;   (c) the court determines that the obligor is delinquent in the payment of support; or   (d) the court determines there are new or additional delinquencies to be added to an existing deduction order.   (2) The order must state:   (a) the action involved;   (b) the total amount of back child support due and the amount of each court-ordered installment of child support;   (c) the amount to be deducted from the obligor's income and the amount, if any, allowed to the payor under 40-5-309(2) as a fee for handling the deduction;   (d) the length of time the order is to remain in effect, if ascertainable; and   (e) the name and address of the person or entity to whom the deduction is to be paid by the payor.   History: En. Sec. 8, Ch. 171, L. 1981; amd. Sec. 4, Ch. 276, L. 1995; amd. Sec. 63, Ch. 552, L. 1997.
MT Code § 40-5-309 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-309. Amount to be deducted from income

  40-5-309. Amount to be deducted from income. (1) (a) The amount of money to be deducted each pay period from the obligor's income is:   (i) (A) the amount of money necessary to pay current installments of child support as they become due and payable; plus   (B) the amount of money that, when deducted in equal amounts each pay period, will pay off all outstanding child support payments delinquent within 2 years; or   (ii) not less than 25% of the obligor's disposable earnings.   (b) If withholding is annualized, when deducted in equal amounts, the amount withheld each pay period must be sufficient to pay all installments due in a 12-month period under the order to withhold.   (2) The district court may allow a fee not to exceed $5 per deduction, which the payor may deduct from the obligor's income for the expense of administering the deduction.   (3) The total amount to be deducted under subsections (1) and (2) may not exceed the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. 1673(b), as amended.   (4) Except as provided in 40-5-315, the child support income deduction must cease when there is no past-due child support owing, unless the district court orders continued income deductions for payment of child support installments as they become due and payable.   History: En. Sec. 9, Ch. 171, L. 1981; amd. Sec. 1, Ch. 625, L. 1987; amd. Sec. 17, Ch. 635, L. 1991; amd. Sec. 11, Ch. 60, L. 1995; amd. Sec. 64, Ch. 552, L. 1997.
MT Code § 40-5-310 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-310. Priority of income deduction

  40-5-310. Priority of income deduction. An order for the deduction of income for the payment of child support payments takes precedence over any:   (1) assignment of income;   (2) voluntary deductions from the obligor's income; and   (3) other court-ordered garnishment of income.   History: En. Sec. 10, Ch. 171, L. 1981; amd. Sec. 65, Ch. 552, L. 1997.
MT Code § 40-5-311 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-311. Remedy not exclusive

  40-5-311. Remedy not exclusive. The remedy provided in this part for the collection of unpaid child support is not exclusive. This part provides a remedy in addition to all other remedies in law available to obligees of unpaid child support.   History: En. Sec. 11, Ch. 171, L. 1981.
MT Code § 40-5-312 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-312. Duties of payors

  40-5-312. Duties of payors. (1) A payor who has been served with an order for deduction under this part shall deduct the amount designated in the order beginning not later than the first pay period that occurs after 14 days from the service of the order. The payor shall, within 7 working days of the date the obligor is paid, promptly pay the deducted amount as directed by the order. The payor shall include with the payment a statement indicating the date the amount was deducted from the obligor's income.   (2) Whenever a payor receives more than one deduction order from the same district court, the payor may combine all amounts deducted into a single payment for that month, with the portion that is attributable to each obligor separately designated.   (3) Whenever there is more than one deduction order against a single obligor the payor shall:   (a) honor all deduction orders to the extent that the total amount deducted from the obligor's income does not exceed the limits set in 40-5-309; and   (b) comply with the orders in the sequence in which they were served upon the payor except for income-withholding orders issued by the department of public health and human services. Under 40-5-423, orders issued by the department have priority over all other orders without regard to the sequence in which they were served.   (4) The payor shall promptly notify the clerk of the district court that issued the deduction order of the termination of the obligor's employment and provide the obligor's last-known address and the name and address of the obligor's new payor, if known.   History: En. Sec. 1, Ch. 276, L. 1995; amd. Sec. 66, Ch. 552, L. 1997.
MT Code § 40-5-313 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-313. Obligor rights protected -- penalties

  40-5-313. Obligor rights protected -- penalties. (1) An employer may not discharge, discipline, or refuse to hire a person because:   (a) the person has a child support obligation;   (b) a withholding order has been issued for the person's income; or   (c) proceedings have been initiated under this part.   (2) An employer who violates the provisions of this section may be fined not more than $100.   History: En. Sec. 2, Ch. 276, L. 1995; amd. Sec. 67, Ch. 552, L. 1997.
MT Code § 40-5-314 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 3. Child Support Income Deduction|40-5-314. Civil liability for failure to comply with wage deduction order

  40-5-314. Civil liability for failure to comply with wage deduction order. (1) A payor who purposely and knowingly fails to deduct support money from the obligor's income and remit the money when ordered to do so under this part is liable to the obligee of the support order for any amount up to the accumulated amount the payor should have deducted and remitted.   (2) A payor who complies with a deduction order under this part is not liable to the obligor or to any other person claiming rights derived from the obligor for wrongful deductions.   History: En. Sec. 3, Ch. 276, L. 1995; amd. Sec. 68, Ch. 552, L. 1997.
MT Code § 40-5-401 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-401. Short title

  40-5-401. Short title. This part may be cited as the "Child Support Enforcement Act".   History: En. Sec. 1, Ch. 571, L. 1985; amd. Sec. 6, Ch. 702, L. 1989.
MT Code § 40-5-402 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-402. Purpose -- applicability

  40-5-402. Purpose -- applicability. (1) The purpose of this part is to provide a more effective and efficient way to guarantee the support of dependent children by the person or persons primarily responsible for such support by ensuring that the support of children is the highest priority in the allocation of a responsible parent's income.   (2) This part applies to all support obligations being enforced or collected by the department of public health and human services pursuant to Title IV-D of the Social Security Act.   (3) When the requirements of this part are met, an employer or other payor of income to a person having a support obligation under a court or administrative order must be directed to withhold from the person's income in an amount sufficient to meet the support obligation and to defray any arrearages that are due or may become due.   (4) Unless an exception under 40-5-411(4) is contained in a support order, withholding of income is required under this part without need for any amendment to the support order involved or any action by the court or entity that issued the support order even though the support order did not address withholding or the support order provided for other payment arrangements.   (5) Withholding, once commenced, applies to all current and subsequent payors of income to a person obligated to pay support until the withholding is terminated as provided by this part.   (6) The provisions for income withholding under this part take precedence over any other law or court order.   History: En. Sec. 2, Ch. 571, L. 1985; amd. Sec. 5, Ch. 635, L. 1991; amd. Sec. 139, Ch. 546, L. 1995.
MT Code § 40-5-404 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-404. Other remedies available

  40-5-404. Other remedies available. (1) (a) The remedies provided in this part are in addition to and not in substitution for any other remedy that may otherwise be available to the department, and the department may simultaneously pursue other remedies to enforce a support obligation or to collect support arrearages.   (b) If the department is enforcing a support order of another state, an Indian tribe, or a foreign country under this part, the department may proceed under Title 40, chapter 5, part 10.   (2) (a) The department may enforce a support order of another state, an Indian tribe, or a foreign country under this part without registration of the support order under 40-5-271, 40-5-1052, or any other law providing for registration of support orders.   (b) If the department is enforcing an order under subsection (2)(a), in addition to those defenses available under this part, a party may contest the validity of the support order by proving any defense contained in 40-5-1061.   History: En. Sec. 20, Ch. 571, L. 1985; amd. Sec. 7, Ch. 702, L. 1989; amd. Sec. 71, Ch. 552, L. 1997.
MT Code § 40-5-405 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-405. Rulemaking authority

  40-5-405. Rulemaking authority. The department shall adopt rules and forms to participate in and carry out the provisions of this part.   History: En. Sec. 21, Ch. 571, L. 1985.
MT Code § 40-5-406 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-406. through 40-5-410 reserved

  40-5-406 through 40-5-410 reserved.
MT Code § 40-5-411 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-411. Immediate income withholding

  40-5-411. Immediate income withholding. (1) Except as provided in subsection (4), in the case of a child support order, whether temporary or final, that is issued by a court or administrative authority of this state after January 1, 1990, the income of the obligor is subject to immediate withholding under this part regardless of whether support payments are in arrears.   (2) After October 1, 1991, when a support order of another state is registered in Montana under the provisions of 40-5-1055 or other applicable law, the support obligation is subject to immediate income withholding under this section.   (3) The department may direct the payor of income to the obligor to commence the withholding of the obligor's income on:   (a) the effective date of the support order or the date of registration of the support order; or   (b) the date, if any, that the department becomes authorized by law to provide child support enforcement services.   (4) An obligor's income is not subject to immediate withholding if the court or administrative authority that issued or modified the support order finds:   (a) that there is good cause not to require immediate withholding; or   (b) that there is an alternative arrangement between the parties for the payment of support that provides sufficient security to ensure compliance with the arrangement.   (5) For the purposes of subsection (4), any finding of good cause not to require immediate income withholding must be based on at least:   (a) a written determination and explanation by the court or administrative authority as to why implementation of immediate income withholding would not be in the best interests of the child; and   (b) proof of timely payment of previously ordered support in cases involving the modification of support orders.   (6) Immediate withholding under this section terminates only:   (a) upon the conditions provided in 40-5-417; or   (b) at the request of the obligor if:   (i) withholding has not been previously terminated and subsequently initiated under 40-5-412 because of a delinquency; and   (ii) the obligor meets one of the exemptions under subsection (4).   History: En. Sec. 4, Ch. 571, L. 1985; amd. Sec. 8, Ch. 702, L. 1989; amd. Sec. 7, Ch. 635, L. 1991.
MT Code § 40-5-413 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-413. Notice of income withholding

  40-5-413. Notice of income withholding. (1) The department shall serve the obligor with a notice if:   (a) income withholding is initiated because of a delinquency;   (b) additional arrearages accrued subsequent to the issuance of an order to withhold and the department proposes to add those arrearages to an existing withholding order; or   (c) immediate withholding or delinquency withholding has commenced for current support and there are arrearages due for a period prior to entry of the order to withhold that the department proposes to add to the withholding order.   (2) The notice must contain a statement:   (a) of the amount subject to withholding, including a computation showing the period and total amount of the arrearages as of the date of the notice;   (b) that withholding applies to all current and subsequent payors;   (c) of the procedures to follow if the obligor desires to contest income withholding on the grounds that the initiation of withholding or the modification of an existing withholding order is improper or that the amount to be withheld is in error due to a mistake of fact, as provided in 40-5-412;   (d) of the period of time within which the obligor is required to file a request for a hearing and that failure to file a request within the time limit will result in income-withholding orders being served upon the payor for the amount stated in the notice; and   (e) in those cases in which withholding is being initiated at the request of an obligee without regard to whether there is a delinquency as provided in 40-5-412(3), a statement that the obligor can require the obligee to appear and show proof that the obligor is not meeting the terms of the alternative arrangement.   (3) The notice must be served upon the obligor personally or by certified mail.   History: En. Sec. 6, Ch. 571, L. 1985; amd. Sec. 10, Ch. 702, L. 1989; amd. Sec. 9, Ch. 635, L. 1991; amd. Sec. 73, Ch. 552, L. 1997; amd. Sec. 75, Ch. 51, L. 1999.
MT Code § 40-5-415 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-415. Order to withhold income -- rules

  40-5-415. Order to withhold income -- rules. (1) When the requirements of this part have been met, the department shall serve an order or modification order to withhold and deliver income upon any payor or combination of payors. The order must:   (a) direct the payor and successor payors to withhold from the obligor's income each month the amount specified in the order if sufficient funds are available;   (b) direct the payor to deliver the amount withheld to the department in the same month in which the funds were withheld;   (c) state that the order is binding on the payor until further notice by the department;   (d) state the rights and duties of the payor under this part; and   (e) include a statement that the obligor is required under a support order to provide health insurance coverage for the obligor's child, if appropriate.   (2) An order or modification order to withhold and deliver the obligor's income made under this section is binding upon the payor immediately upon service of the order upon the payor. Service of the order or modification order to withhold may be made either personally, by certified mail, or by electronic service upon an entity that has entered into an agreement with the department to accept electronic service of an order entered under this part.   (3) Whenever there is more than one payor, the department may, in its discretion, apportion the total amount to be withheld each month among payors. Whenever an obligor's income is subject to withholding for more than one obligee, the department may consolidate the payments received each month and distribute the income among the obligees according to department rules.   History: En. Sec. 8, Ch. 571, L. 1985; amd. Sec. 12, Ch. 702, L. 1989; amd. Sec. 11, Ch. 635, L. 1991; amd. Sec. 20, Ch. 631, L. 1993; amd. Sec. 14, Ch. 352, L. 2001.
MT Code § 40-5-416 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 4. Child Support Enforcement Act Administrative Income Withholding|40-5-416. Determination of amount of income to be withheld

  40-5-416. Determination of amount of income to be withheld. (1) (a) Subject to the limitations provided in subsection (2), the amount of funds to be withheld each month from the obligor's income must be the amount of money necessary to pay current installments of support as they become due and payable.   (b) If income is being withheld to satisfy an arrearage, the amount of funds to be withheld must include the greater of:   (i) the amount of money that, when deducted in equal amounts each month, will pay all outstanding support arrearages and interest, if any, within 2 years; or   (ii) 25% of the obligor's income.   (c) If income is being withheld under this part, the department may allow a fee not to exceed $5 each month, which may be withheld by the payor as compensation for the administrative costs of each withholding.   (d) If a support order subject to income withholding is expressed in terms of a monthly obligation, the order may be annualized and withheld on a weekly or biweekly basis, corresponding to the obligor's regular pay period. If withholding is annualized, when deducted in equal amounts, the amount withheld each pay period must be sufficient to pay all installments due in a 12-month period under the order to withhold.   (2) The maximum amounts withheld from the obligor's wages or salaries, including fees, may not exceed the maximum amount permitted under section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. 1673(b), as amended.   (3) At any time, if the obligor can show that substantial hardship will result if the maximum permissible withholding is implemented or continued, the department for cause shown may in its discretion determine a lesser amount to be withheld each month in satisfaction of support arrearages.   History: En. Sec. 9, Ch. 571, L. 1985; amd. Sec. 13, Ch. 702, L. 1989; amd. Sec. 12, Ch. 635, L. 1991; amd. Sec. 13, Ch. 60, L. 1995.