reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 7. Suspension of Licenses for Nonsupport › 40-5-704. Suspension, denial, and nonrenewal of licenses

40-5-704. Suspension, denial, and nonrenewal of licenses.
(1) Upon receipt of the notice of suspension of the license under 40-5-703(5), a licensing authority shall implement the suspension of the license by:
(a) determining if it has issued a license to the obligor whose name appears on the notice;
(b) entering the suspension on the appropriate records;
(c) reporting the suspension as appropriate;
(d) making good faith efforts to deny conservation activity licenses for the next applicable license year; and
(e) if required by law, demanding surrender of the suspended license.
(2) An order issued by a support enforcement entity under 40-5-703 suspending a license and the notice of suspension given under 40-5-703(5) must be processed by the licensing authority without an additional review or hearing involving the licensing authority concerning suspension of the license.
(3) Notwithstanding the provisions of any other law setting terms of suspension, revocation, denial, termination, or renewal of a license, an order issued by a support enforcement entity suspending a license must be implemented by the licensing authority and continues until the support enforcement entity advises the licensing authority that the suspension has been stayed or terminated.
(4) In the event that a license is suspended, any funds paid by the obligor to the licensing authority for costs related to issuance, renewal, or maintenance of a license may not be refunded to the obligor.
(5) Unless an order staying suspension of a license is in effect, an obligor who continues to engage in the business, occupation, profession, conservation activity, or other licensed activity while the obligor's license is suspended under this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250 or more than $500 or by imprisonment in the county jail for a term not to exceed 6 months, or both. Upon conviction of a second or subsequent violation, the obligor shall be punished by a fine of not less than $500 or more than $2,000 or by imprisonment in the county jail for a term not to exceed 1 year, or both. The support enforcement entity or the licensing authority may elect the remedy under this section or any other remedy provided for engaging in a licensed activity without a license or while the license is suspended.
(6) The licensing authority is exempt from liability to the licensee for activities conducted in compliance with this part.
(7) The licensing authority has no jurisdiction to modify, remand, reverse, vacate, or stay the order of the support enforcement entity suspending a license.
(8) To the extent that inconsistencies exist between this part and the procedural requirements for suspension of a license issued by the department, this part supersedes those requirements.
History: En. Sec. 6, Ch. 523, L. 1993; amd. Sec. 79, Ch. 418, L. 1995; amd. Sec. 142, Ch. 546, L. 1995; amd. Sec. 81, Ch. 552, L. 1997; amd. Sec. 2, Ch. 397, L. 2017.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 7. Suspension of Licenses for Nonsupport › 40-5-709. Nondisciplinary suspension for failure to pay child support

40-5-709. Nondisciplinary suspension for failure to pay child support.
Notwithstanding any other provision of this title, the support enforcement entity has the authority to suspend a license or privilege to obtain a license under this part without any action by the licensing authority. The licensing authority shall, upon receipt of notice of suspension of the license under 40-5-703(5) from the support enforcement entity, suspend the license or privilege to obtain a license of the named individual. The suspension must be nondisciplinary for professional or occupational licenses, and the provisions of 2-4-631 do not apply.
History: En. Sec. 7, Ch. 523, L. 1993; amd. Sec. 82, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 7. Suspension of Licenses for Nonsupport › 40-5-710. Stay of suspension of license -- payment plan -- hardship

40-5-710. Stay of suspension of license -- payment plan -- hardship.
(1) An obligor may at the time of the hearing conducted under 40-5-703 or at any time after the hearing, petition the support enforcement entity for an order staying suspension of the license.
(2) The support enforcement entity shall consider the obligor's petition for a stay separately from any determination on whether suspension of a license is appropriate.
(3) The support enforcement entity may stay suspension of a license upon a showing that suspension or continued suspension of a license would create a significant hardship to the obligor, to the obligor's employees, to legal dependents residing in the obligor's household, or to persons, businesses, or other entities served by the obligor.
(4) A stay terminates upon:
(a) termination of the circumstances upon which a hardship is based;
(b) failure by the obligor to abide by the terms and conditions of a payment plan; or
(c) the date of termination, if any, provided in the order staying suspension of the license.
(5) If the licensing authority has been notified of an order suspending a license, the support enforcement entity shall notify the licensing authority of any stay or reinstatement unless the support enforcement entity has suspended the license of the obligor for another delinquency or for failure to comply with a subpoena or warrant and the suspension for the other delinquency or failure to comply with a subpoena or warrant is still in effect. The support enforcement entity shall send a copy of any order staying or reinstating suspension of the license to the obligor.
(6) (a) Upon receipt of a notice staying or reinstating suspension of the license, the licensing authority shall:
(i) enter the information on appropriate records;
(ii) report the action as appropriate; and
(iii) demand surrender of the suspended license or return the reinstated license.
(b) Further action by the licensing authority is not necessary to implement the stay or reinstatement of suspension of the license.
History: En. Sec. 8, Ch. 523, L. 1993; amd. Sec. 83, Ch. 552, L. 1997; amd. Sec. 3, Ch. 397, L. 2017.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 7. Suspension of Licenses for Nonsupport › 40-5-711. Termination of order to suspend license

40-5-711. Termination of order to suspend license.
(1) Except as provided in subsection (3), when the support enforcement entity determines that the support debt or support obligation is paid in full or the obligor has complied with the subpoena or warrant, it shall terminate the order suspending the license. The support enforcement entity shall send a copy of the order terminating the suspension of the license to the obligor.
(2) Entry of an order terminating suspension of a license does not limit the ability of a support enforcement entity to issue a new order suspending the license of the same obligor in the event of another delinquency or failure to comply with a subpoena or warrant.
(3) A suspension of a conservation activity license is effective for the license year. The suspension does not terminate if the support enforcement entity determines that the support debt or support obligation is paid in full or the obligor has complied with the subpoena or warrant.
History: En. Sec. 9, Ch. 523, L. 1993; amd. Sec. 84, Ch. 552, L. 1997; amd. Sec. 4, Ch. 397, L. 2017.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 7. Suspension of Licenses for Nonsupport › 40-5-712. Fees

40-5-712. Fees.
A licensing authority subject to this part may charge the obligor a fee to cover the administrative costs incurred by the licensing authority under this part. Fees collected pursuant to this section by a licensing authority with a state special revenue fund must be deposited in the state special revenue fund for the use of the licensing authority to pay the costs of administering this part.
History: En. Sec. 10, Ch. 523, L. 1993.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 7. Suspension of Licenses for Nonsupport › 40-5-713. Rulemaking authority

40-5-713. Rulemaking authority.
The department shall adopt rules necessary for the implementation and administration of this part. The licensing authority shall adopt rules necessary for the implementation and administration of this part.
History: En. Sec. 11, Ch. 523, L. 1993.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-802. Purpose

40-5-802. Purpose.
The purpose of this part is to promote the health and medical care of children and to conserve the expenditure of public assistance funds by ensuring that children have access to reasonable health insurance coverage or a health benefit plan provided by their parents, who are primarily responsible for their support.
History: En. Sec. 2, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-803. Scope

40-5-803. Scope.
This part does not expand any coverage available to any individual under any health insurance coverage or a health benefit plan required under federal law or Title 33, chapter 22, though this part may expand the class of children who may be eligible for individual insurance or health benefit plan coverage due to a duty of support owed to them by their parents.
History: En. Sec. 3, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-805. Establishing medical support orders

40-5-805. Establishing medical support orders.
(1) In an action or proceeding to establish a child support order, whether temporary or final, or to modify an existing child support order, the tribunal shall also establish a medical support order. In establishing a medical support order, a tribunal shall consider:
(a) the best interests of the child;
(b) the child's present and anticipated needs for medical care;
(c) the financial ability of the parents to pay for individual insurance or a health benefit plan; and
(d) the extent to which an available health benefit plan or individual insurance coverage is subsidized or reduced in cost by an employer or by participation in a plan on a group basis.
(2) Except as otherwise provided in this part, a tribunal may not consider a child's eligibility for a public assistance program as a factor in determining a parent's financial ability to afford individual insurance or a health benefit plan.
History: En. Sec. 5, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-807. Mandatory provisions of medical support order

40-5-807. Mandatory provisions of medical support order.
(1) Unless the tribunal expressly specifies otherwise, a medical support order must include terms directed toward the provisions of 40-5-806(2) through (8), even though a provision contained in those subsections may not apply to the parent's circumstances at the time the order is entered. The terms may be established as alternatives or contingencies that provide that if circumstances later change, the health needs of the child will continue to be met under one of the subsections without need for modification of the medical support order or other action by the tribunal that issued the order or any other tribunal of competent jurisdiction.
(2) If circumstances change and a parent believes that corresponding changes in costs are not reasonable or cost-beneficial, the parent may move to petition any appropriate tribunal for relief.
(3) If a health benefit plan is provided through an employer, union, or other group, the medical support order must also include provisions necessary to entitle the order to recognition as a qualified medical child support order.
History: En. Sec. 7, Ch. 504, L. 1995; amd. Sec. 15, Ch. 579, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-808. Persistence and duration of obligation

40-5-808. Persistence and duration of obligation.
(1) A parent's obligation to provide for medical care of a child ceases only when the parental obligation to support a child terminates under law.
(2) The obligations to provide medical care for a child, provide financial child support, and provide or comply with visitation and custody arrangements are independent of each other, and the failure or inability to provide one or more does not reduce one of the others.
(3) A guardian or caretaker who is not the child's father or mother may not be compelled to support the child or be held liable for the child's expenses, except to the extent that the guardian or caretaker has voluntarily agreed in writing to assume the responsibility.
History: En. Sec. 8, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-809. Effect of order on health benefit plans

40-5-809. Effect of order on health benefit plans.
(1) The duties and responsibilities under a plan pursuant to this part apply equally to a union or employer that serves as the administrator of a plan for a parent who is a member or employee.
(2) A copy of a medical support order requiring enrollment of a child in a health benefit plan may be submitted to the plan administrator by either parent, by the department, by a third-party custodian, or by an employer-payor of either parent. The party submitting the order shall submit the child's name and birth date and the names and mailing addresses of the parents. If the child is a recipient of public assistance, the party submitting the order shall also submit the address of the department. If there is a third-party custodian of the child, the address of the third-party custodian must also be submitted. A copy of a medical support order may be served on the plan administrator by certified mail.
(3) Presentation of the medical support order to the plan administrator authorizes each parent, the department, if the department has interest, or the third-party custodian to receive pertinent notices from the plan administrator and to freely communicate and generally interact with the plan administrator in all respects regarding the child's benefits as fully and effectively as if the obligated parent were to do so personally.
(4) If a medical support order requires the child to be enrolled in a health benefit plan, presentation of the order to the plan administrator binds the plan to enroll the child in the plan as provided by this part.
(5) If a health benefit plan is available through the obligated parent's employer or other payor of income, presentation of the medical support order to the payor binds the payor to enrollment of the child in the plan and to automatically deduct premium payments required by the plan from the obligated parent's income and remit them to the plan provider for as long as the obligated parent is eligible for coverage.
(6) (a) Ambiguities and discrepancies in an order may not be used to unreasonably or unnecessarily delay health benefit plan coverage for a child.
(b) If more than one plan is available to an obligated parent and the medical support order fails to specify a plan or combination of benefits to be provided for a child or if there has been a change in plans due to a change in employment of the obligated parent or for some other reason, the parties and the department shall apply the medical support order so as to provide the child with coverage under a plan that has a reasonable cost and that provides the child with benefits closest to those described in the order.
History: En. Sec. 9, Ch. 504, L. 1995; amd. Sec. 15, Ch. 482, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-811. Authorization to cure nonpayment of health benefit plan premium

40-5-811. Authorization to cure nonpayment of health benefit plan premium.
In the case of an actual or threatened adverse action that would reduce or terminate plan benefits because of nonpayment of premium or insufficient payment of premium, the other parent, the department, or the third-party custodian may advance the cost of necessary premiums and keep benefits continually in force for the child. The advance may be entered as a judgment for unpaid child support in favor of the advancing party and against the obligated parent.
History: En. Sec. 11, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-813. Obligation of payor

40-5-813. Obligation of payor.
(1) Upon receipt of a medical support order or an order requiring enrollment of the child pursuant to 40-5-810, a payor providing a health benefit plan shall withhold from the obligated parent's income an amount equal to the required premium, if any, and apply the withheld amount to the plan premium, except that amounts withheld may not exceed the maximum amount permitted under the federal Consumer Credit Protection Act. If the premium exceeds the maximum, the payor may not withhold the excess. If the total cost of the premium and child support to be withheld for current support and arrears exceeds the maximum amount permitted under the federal Consumer Credit Protection Act, the current child support and the full cost of the premium have priority before the arrears. If the total cost of the premium and current support exceeds the amount of permissible garnishment, the current support and arrears take priority over the premium up to the maximum amount permitted under the federal Consumer Credit Protection Act. The payor may not withhold the part of the premium that is in excess of the maximum.
(2) A medical support order or an order requiring enrollment of the child pursuant to 40-5-810 has priority over garnishment of the income of the obligated parent for any purpose, except child support.
(3) (a) The payor shall continue withholding premiums when an obligated parent resumes employment following any break in service, layoff, leave of absence, or other similar circumstance.
(b) Upon the termination of employment, extended layoff, or any other break in service that causes coverage under a health benefit plan to cease, the payor shall immediately notify the other parent and the department or the third-party custodian if either submitted the medical support order, the order requiring enrollment of the child pursuant to 40-5-810, or a written notice of interest to the plan.
(4) (a) A payor who is an employer may not discharge, refuse to employ, or take other disciplinary action against an obligated parent solely because of the issuance of a medical support order or an order requiring enrollment of the child pursuant to 40-5-810.
(b) The obligated parent has the burden of proving that the issuance of the medical support order or the order requiring enrollment of the child pursuant to 40-5-810 was the sole reason for the employer's action.
(c) A payor knowingly violating this section is subject to the contempt powers of the tribunal issuing the medical support order or the order requiring enrollment of the child pursuant to 40-5-810. The tribunal may, in addition, impose a civil penalty of not more than $150.
History: En. Sec. 13, Ch. 504, L. 1995; amd. Sec. 9, Ch. 431, L. 2005.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-814. Obtaining information

40-5-814. Obtaining information.
Upon the request of either of the child's parents, the department, or a third-party custodian, a health benefit plan shall provide information about the child's health benefit coverage, including but not limited to:
(1) a description of the benefits and options available under the plan and summaries of the terms and costs of all plans and options for which the child is eligible;
(2) names and addresses of the employer, union, plan, or other entities involved in administering the plan;
(3) identification cards or other methods for access to coverage, including but not limited to numbers, codes, or other references applicable to the plan or to the group through which the child participates;
(4) claims received or paid on behalf of the child, including the dates and amounts of payments and the names and addresses of parties who have submitted claims or received payment for claims; and
(5) other information relevant to the preparation, submission, processing, or verification of claims.
History: En. Sec. 14, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-815. Paying claims

40-5-815. Paying claims.
Payment for a medical claim assigned to the department must be to the department. If a medical claim is not assigned to the department and the claim is submitted by a parent or a third-party custodian, payment must be to the health service provider involved. Payment may be to the parent or third-party custodian submitting the claim if there is written evidence of prepayment to the health service provider by that parent or third-party custodian.
History: En. Sec. 15, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-816. Newborn children

40-5-816. Newborn children.
A health benefit plan must provide the coverage required by 33-22-301 to a newborn child covered by this part.
History: En. Sec. 16, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-817. Adopted children -- preexisting conditions

40-5-817. Adopted children -- preexisting conditions.
A health benefit plan shall provide the coverage required by 33-22-130 to a child placed for adoption.
History: En. Sec. 17, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-818. Nonexclusion -- nondiscrimination by health benefit plan

40-5-818. Nonexclusion -- nondiscrimination by health benefit plan.
A health benefit plan may not deny or limit enrollment of an obligated parent's child or discriminate against a child because:
(1) the child is not claimed as a dependent on the obligated parent's state or federal income tax return or considered as a dependent for tax purposes;
(2) the child was born out of wedlock;
(3) the child does not reside with the obligated parent;
(4) the child does not reside in the health plan's service area. A plan that provides medical care at particular locations or geographic areas shall also provide comparable benefits for a child whose residence or location is elsewhere.
(5) the natural child of the obligated parent has a preexisting condition, unless the plan does not provide for enrollment or provides only for limited enrollment of children with preexisting conditions.
History: En. Sec. 18, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-819. Medical assistance eligibility

40-5-819. Medical assistance eligibility.
A health benefit plan may not use information pertaining to medical assistance eligibility under Title XIX of the federal Social Security Act as a factor in enrolling a child in a plan or in making payments for benefits on behalf of the covered child. A health benefit plan may not impose any restrictions or requirements on recipients of medical assistance or the department different from those applicable to any other plan participant.
History: En. Sec. 19, Ch. 504, L. 1995.