Montana Code 40-5-222. Support debt based upon support order — notice — contents — action to collect
40-5-222. Support debt based upon support order — notice — contents — action to collect. (1) The department may issue a notice of a support debt accrued or accruing based upon a support order. The notice may be served upon the obligor, in the manner prescribed for the service of a summons in a civil action in accordance with the provisions of the Montana Rules of Civil Procedure, demanding payment within 20 days of the date of receipt.
Terms Used In Montana Code 40-5-222
- Department: means the department of public health and human services. See Montana Code 40-5-201
- Obligor: means a person, including an alleged father, who owes a duty of support. See Montana Code 40-5-201
- Property: means real and personal property. See Montana Code 1-1-205
- Summons: Another word for subpoena used by the criminal justice system.
- Support order: means an order, whether temporary or final, that:
(a)provides for the payment of a specific amount of money, expressed in periodic increments or as a lump-sum amount, for the support of the child, including an amount expressed in dollars for medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child;
(b)is issued by:
(i)a district court of this state;
(ii)a court of appropriate jurisdiction of another state, Indian tribe, or foreign country;
(iii)an administrative agency pursuant to proceedings under this part; or
(iv)an administrative agency of another state, Indian tribe, or foreign country with a hearing function and process similar to those of the department under this part; and
(c)when the context requires, includes:
(i)judgments and orders providing periodic payments for the maintenance or support of the custodial parent of a child receiving services under this chapter; and
(ii)amounts for the recovery of fines, fees, penalties, interest, and other funds and costs that the department is authorized under this chapter to collect by the use of any procedure available for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-201
(2)The notice of debt must include:
(a)a statement of the support debt accrued or accruing, computable on the amount required to be paid under any support order;
(b)a statement that the property of the debtor is subject to collection action;
(c)a statement that the property is subject to distraint and seizure and sale;
(d)a statement that the net proceeds will be applied to the satisfaction of the support debt; and
(e)a statement that the obligor is entitled to a fair hearing.
(3)Action to collect the support debt by distraint and seizure and sale is lawful after 20 days from the date of service upon the obligor or 20 days from the receipt or refusal by the debtor of the notice of debt.
(4)Within 20 days of the date of service of notice of support debt, the obligor may request a fair hearing as provided in 40-5-226.
(5)The department shall send a copy of the notice described in subsection (2) to the clerk of the district court for the judicial district in which the most recent support order was issued.