40-5-213. Financial statements by obligor — penalty. (1) If the department is providing child support enforcement services under this part and has reasonable cause to believe that a support obligation is owed, an obligor, upon written request, shall complete a statement, under oath, stating the obligor’s:

Terms Used In Montana Code 40-5-213

  • Child: means :

    (i)a person under 18 years of age who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

    (ii)a person under 19 years of age and still in high school;

    (iii)a person who is mentally or physically incapacitated if the incapacity began prior to the person's 18th birthday; or

    (iv)in a IV-D case, a person for whom:

    (A)support rights are assigned under 53-2-613;

    (B)a public assistance payment has been made;

    (C)the department is providing support enforcement services under 40-5-203; or

    (D)the department has received a referral for IV-D services from an agency of another state or an Indian tribe under the provisions of the Uniform Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-201

  • Department: means the department of public health and human services. See Montana Code 40-5-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligor: means a person, including an alleged father, who owes a duty of support. See Montana Code 40-5-201

(a)current monthly income;

(b)total income over the past 36 months;

(c)the number of dependents for whom the obligor is providing support;

(d)the amount the obligor is contributing toward the support of a child for whom the department is providing services;

(e)current monthly living expenses; and

(f)all other information pertinent to the obligor’s financial condition.

(2)The department may require additional financial statements from the obligor during the period the department is providing services to the child.

(3)Failure to comply with this section is a misdemeanor.

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