Child Support Enforcement Act
Montana · Family Law · §§ 40-5-401 to 40-5-443 · 31 sections
Overview
The act establishes a state's child support enforcement program, setting out the services it provides, who is eligible for them, and the plan and recordkeeping systems through which obligations are tracked and payments collected and distributed — among them a parent locator service, a central registry for support payments, a case registry, and a directory of newly hired employees. Its central enforcement mechanisms are administrative rather than judicial: liens and attachments reaching bank accounts, inmate accounts, and insurance settlements; offsets against state tax refunds, vendor payments, lottery and gambling winnings, and unclaimed property; reporting of support debts to consumer reporting agencies; and the denial, suspension, or revocation of drivers', professional, occupational, and recreational licenses. It also addresses the confidentiality of information held by the program, recovery of public assistance paid on a child's behalf, enforcement of support obligations across state lines, review and modification of existing orders, and the duty to maintain health insurance for a child.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Mont. Code Ann. § 40-5-401Short title
- Mont. Code Ann. § 40-5-402Purpose -- applicability
- Mont. Code Ann. § 40-5-403Definitions
- Mont. Code Ann. § 40-5-404Other remedies available
- Mont. Code Ann. § 40-5-405Rulemaking authority
- Mont. Code Ann. § 40-5-406through 40-5-410 reserved
- Mont. Code Ann. § 40-5-411Immediate income withholding
- Mont. Code Ann. § 40-5-412Delinquency income withholding
- Mont. Code Ann. § 40-5-413Notice of income withholding
- Mont. Code Ann. § 40-5-414Hearing
- Mont. Code Ann. § 40-5-415Order to withhold income -- rules
- Mont. Code Ann. § 40-5-416Determination of amount of income to be withheld
- Mont. Code Ann. § 40-5-417Modification or termination of withholding orders
- Mont. Code Ann. § 40-5-418Payment records
- Mont. Code Ann. § 40-5-419Alternative method of payment in lieu of income withholding
- Mont. Code Ann. § 40-5-420reserved
- Mont. Code Ann. § 40-5-421Duties of payor
- Mont. Code Ann. § 40-5-422Obligor rights protected -- penalties
- Mont. Code Ann. § 40-5-423Priority of income withholding
- Mont. Code Ann. § 40-5-424Civil liability for failure to comply with income-withholding order
- Mont. Code Ann. § 40-5-425Repealed
- Mont. Code Ann. § 40-5-426through 40-5-430 reserved
- Mont. Code Ann. § 40-5-431Registration of interstate income-withholding orders
- Mont. Code Ann. § 40-5-432Application for withholding
- Mont. Code Ann. § 40-5-433Additional duties of department in income withholding
- Mont. Code Ann. § 40-5-434Initiation of income withholding in other jurisdictions
- Mont. Code Ann. § 40-5-435through 40-5-439 reserved
- Mont. Code Ann. § 40-5-440Repealed
- Mont. Code Ann. § 40-5-441Repealed
- Mont. Code Ann. § 40-5-442Repealed
- Mont. Code Ann. § 40-5-443Payors to provide information -- exemption from liability
Enacted in other states
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