reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 2. Administrative Enforcement of Support › 40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence

40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence.
(1) In a matter referred to the district court, if an alleged father objects to the procedures for or the results of a paternity genetic test, the alleged father shall file a written objection with the court within 20 days after service of the notice required by 40-5-236(3). The court shall order an additional paternity genetic test upon the alleged father's advance payment for additional testing if a written objection is timely filed or at the request of the department. The alleged father's advance payment must be returned to the alleged father if the test does not produce evidence of the alleged father's paternity. An additional test must be performed by the same or another expert who is qualified in paternity genetic testing. Failure of the alleged father to make a timely challenge is considered a waiver of any defense to the test results or test procedures, including the chain of custody.
(2) If an objection to the paternity genetic test is not timely filed, the paternity genetic test expert's completed and certified report of the results and conclusions of a paternity genetic test is admissible as evidence without additional foundation testimony or other proof of authenticity and accuracy if the laboratory in which the expert performed the test is accredited for parentage testing by the American association of blood banks. Accreditation may be established by verified statement or reference to published sources. This subsection does not limit the right of a party to contest the identity of persons submitting to testing.
(3) In any hearing before the court or at trial, testimony relating to sexual intercourse of the mother with any person who has been excluded from consideration as a possible father of the child involved by the results of a paternity genetic test is inadmissible in evidence.
(4) When a paternity genetic test excludes an alleged father from possible paternity, the test is conclusive evidence of nonpaternity of the alleged father for all purposes in the district court.
History: En. Sec. 8, Ch. 119, L. 1989; amd. Sec. 5, Ch. 70, L. 1995; amd. Sec. 51, Ch. 552, L. 1997; amd. Sec. 9, Ch. 364, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 2. Administrative Enforcement of Support › 40-5-238. Confidentiality of paternity hearings and records of proceedings

40-5-238. Confidentiality of paternity hearings and records of proceedings.
Because of the privacy interests involved, a hearing under 40-5-231 through 40-5-237 and this section for the purpose of determining paternity or reasonable cause to pursue paternity genetic testing is closed to the public. Attendance of others may be limited by the hearing officer as necessary to protect privacy rights. All papers and records of the proceedings, other than a final adjudication of paternity, are closed to public inspection, except that they may be opened upon consent of the parties and the hearing officer or, in exceptional cases, by order of the hearing officer.
History: En. Sec. 3, Ch. 264, L. 1995; amd. Sec. 10, Ch. 364, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 2. Administrative Enforcement of Support › 40-5-241. Repealed

40-5-241. Repealed.
Sec. 27, Ch. 631, L. 1993.
History: En. Sec. 17, Ch. 612, L. 1979; amd. Sec. 46, Ch. 439, L. 1981; amd. Sec. 2, Ch. 544, L. 1985; amd. Sec. 16, Ch. 549, L. 1989; amd. Sec. 26, Ch. 702, L. 1989.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 2. Administrative Enforcement of Support › 40-5-243. Release of excess to obligor

40-5-243. Release of excess to obligor.
If any person, firm, corporation, association, political subdivision, or department of the state has in its possession earnings, deposits, accounts, or balances in excess of the amount of the debt claimed by the department plus $100, that person or entity may release the excess to the obligor without liability under this part.
History: En. Sec. 19, Ch. 612, L. 1979; amd. Sec. 18, Ch. 549, L. 1989.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 2. Administrative Enforcement of Support › 40-5-244. Repealed

40-5-244. Repealed.
Sec. 18, Ch. 352, L. 2001.
History: En. Sec. 20, Ch. 612, L. 1979; amd. Sec. 19, Ch. 549, L. 1989.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 2. Administrative Enforcement of Support › 40-5-245. Repealed

40-5-245. Repealed.
Sec. 27, Ch. 631, L. 1993.
History: En. Sec. 21, Ch. 612, L. 1979; amd. Sec. 47, Ch. 439, L. 1981.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 2. Administrative Enforcement of Support › 40-5-246. Repealed

40-5-246. Repealed.
Sec. 27, Ch. 631, L. 1993.
History: En. Sec. 23, Ch. 612, L. 1979; amd. Sec. 48, Ch. 439, L. 1981; amd. Sec. 20, Ch. 549, L. 1989.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 2. Administrative Enforcement of Support › 40-5-251. Debt payment schedule

40-5-251. Debt payment schedule.
At any time after notice to the obligor, the department may set or reset a level and schedule of payments to be paid upon the debt consistent with the income, earning capacity, and resources of the obligor.
History: En. Sec. 22, Ch. 612, L. 1979; amd. Sec. 21, Ch. 549, L. 1989.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.