Montana Code 23-7-312. Lien on lottery and sports wagering winnings for debt collected by IV-D agency — notice to agency — payment to agency — procedure
23-7-312. Lien on lottery and sports wagering winnings for debt collected by IV-D agency — notice to agency — payment to agency — procedure. (1) For purposes of this section, “IV-D agency” means the state child support enforcement agency created pursuant to Title IV-D of the Social Security Act and providing services under Title 40, chapter 5.
Terms Used In Montana Code 23-7-312
- Commission: means the state lottery and sports wagering commission created by 23-7-201. See Montana Code 23-7-103
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Lien: A claim against real or personal property in satisfaction of a debt.
- Sports wagering: means accepting wagers on sporting events or portions of sporting events, or on the individual performance statistics of athletes in a sporting event or combination of sporting events, by any system or method of wagering, including but not limited to in-person or over the internet through websites and on mobile devices. See Montana Code 23-7-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State lottery: means the Montana state lottery and sports wagering agency created and operated pursuant to this chapter. See Montana Code 23-7-103
(2)The IV-D agency shall periodically certify to the state lottery the names and social security numbers of persons owing a debt to or collected by the IV-D agency.
(3)Prior to the payment of lottery or sports wagering winnings in excess of the amount set by the commission, the state lottery shall check the name of the winner against the list of names and social security numbers of persons owing a debt to or collected by the IV-D agency.
(4)(a) If the winner is on the list of persons owing a debt to or collected by the IV-D agency, the state lottery shall make a good faith attempt to notify the IV-D agency and the agency then has a lien against the winnings in the amount of the debt owed to or collected by the IV-D agency. The state lottery has no liability to the IV-D agency or the individual on whose behalf the IV-D agency is collecting the debt if the state lottery fails to match a winner’s name to a name on the list or is unable to notify the IV-D agency of a match. The IV-D agency shall provide the state lottery with written notice of a support lien promptly upon the state lottery’s notification of a match.
(b)If the winnings are to be paid through the state treasurer, the winner is entitled to notice and opportunity for hearing under Title 17, chapter 4, part 1, prior to any offset of the debt against the winnings.
(c)If the winnings are to be paid directly by the state lottery, the amount of the debt owed to or collected by the IV-D agency must be held by the state lottery for a period of 30 days from the state lottery’s confirmation of the amount of the debt to allow the IV-D agency to institute any necessary garnishment or withholding proceedings. If a garnishment or withholding proceeding is not initiated within the 30-day period, the state lottery shall release the payment to the winner.
(d)The IV-D agency, in its discretion, may release or partially release the support lien upon written notice to the state lottery.
(e)A support lien under this section is in addition to any other lien created by law.