Montana Code 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.
Terms Used In Montana Code 40-5-710
- Delinquency: means a support debt or support obligation due under a support order in an amount greater than or equal to 6 months' support payments as of the date of service of a notice of intent to suspend a license. See Montana Code 40-5-701
- License: means a license, certificate, registration, permit, or any other authorization issued by an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation, profession, conservation activity, or any other privilege that is subject to suspension, revocation, forfeiture, termination, or a declaration of ineligibility to purchase by the licensing authority prior to its date of expiration. See Montana Code 40-5-701
- Licensing authority: means any department, division, board, agency, or instrumentality of this state that issues a license. See Montana Code 40-5-701
- Obligor: means a person who owes a duty of support or who is subject to a subpoena or warrant in a paternity or child support proceeding. See Montana Code 40-5-701
- Order suspending a license: means an order issued by a support enforcement entity to suspend a license. See Montana Code 40-5-701
- Payment plan: includes but is not limited to a plan approved by the support enforcement entity that provides sufficient security to ensure compliance with a support order and that incorporates voluntary or involuntary income withholding under part 3 or 4 of this chapter or a similar plan for periodic payment of a support debt and, if applicable, current and future support. See Montana Code 40-5-701
- Subpoena: means a writ or order issued by a court or the department in a proceeding or as part of an investigation related to the paternity or support of a child that commands a person to appear at a particular place and time to testify or produce documents or things under the person's control. See Montana Code 40-5-701
- Subpoena: A command to a witness to appear and give testimony.
- Support enforcement entity: means :
(a)in IV-D cases, the department; or
(b)in all other cases, the district court that entered the support order or a district court in which the support order is registered. See Montana Code 40-5-701
- Suspension: includes the withdrawal, withholding, revocation, forfeiture, or nonissuance of a license and license privileges. See Montana Code 40-5-701
- Warrant: means a bench warrant, a warrant to appear, an order to show cause, or any other order issued by a court relating to the appearance of a party in a paternity or child support proceeding. See Montana Code 40-5-701
(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.