40-5-205. Payment of support money collected to department — notice. If the department gives written notice to the obligor, to the clerk of the court, or to an administrative agency that issued a support order, that the child for whom a support order exists is receiving services from the department, then any support money must be paid to the department.

Terms Used In Montana Code 40-5-205

  • 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
  • Obligor: means a person, including an alleged father, who owes a duty of support. See Montana Code 40-5-201
  • 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

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