40-5-272. Application for review of child support orders. (1) Upon the application of the department, the obligor, or the obligee, a support order issued by a district court of this state or by a court or administrative agency of another state, tribe, or foreign country as defined in 40-5-1002 or a previously issued administrative support order of this state may be reviewed by the department to determine whether the support order should be modified in accordance with the guidelines.

Terms Used In Montana Code 40-5-272

  • 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
  • Guidelines: means the child support guidelines adopted pursuant to 40-5-209. See Montana Code 40-5-201
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Need: means the necessary costs of food, clothing, shelter, and medical care for the support of a child or children. See Montana Code 40-5-201
  • Obligee: means :

    (a)a person to whom a duty of support is owed and who is receiving support enforcement services under this part; or

    (b)a public agency of this or another state or an Indian tribe having the right to receive current or accrued support payments. 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
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • 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
  • 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)Jurisdiction to conduct the review and to issue a modifying order under 40-5-273, 40-5-277, and 40-5-278 is authorized when:

(a)this state has issued the order and the obligor and the obligee reside in this state; or

(b)this state has jurisdiction as provided under the Uniform Interstate Family Support Act.

(3)Jurisdiction to review a child support order under this section does not confer jurisdiction for any other purpose, such as custody or visitation disputes.

(4)Criteria constituting sufficient grounds for review of a child support order include:

(a)a substantial change in circumstances as defined by administrative rules;

(b)the need to provide for the child’s health care needs, regardless of the availability of health insurance coverage through employment or other group insurance;

(c)a lapse of 36 months from the date that:

(i)the order was entered;

(ii)an administrative hearing was granted under 40-5-277; or

(iii)an administrative order was issued denying a modification because of the applicant’s failure to meet one of the criteria described in this subsection (4); or

(d)a change in custody of the child.

(5)A party may withdraw the party’s request for modification prior to the issuance of the notice described in 40-5-273. After the issuance of the notice, if a party withdraws a request for modification, the nonrequesting party may continue the modification action by filing with the department a written request to continue.

(6)The department shall make available procedures and forms that allow the obligor or the obligee to complete the review process without legal counsel.