Montana Code 40-5-411. Immediate income withholding
40-5-411. Immediate income withholding. (1) Except as provided in subsection (4), in the case of a child support order, whether temporary or final, that is issued by a court or administrative authority of this state after January 1, 1990, the income of the obligor is subject to immediate withholding under this part regardless of whether support payments are in arrears.
Terms Used In Montana Code 40-5-411
- Alternative arrangement: means a written agreement between the obligor and obligee, and the department in the case of an assignment of rights under 53-2-613, that has been approved and entered in the record of the court or administrative authority issuing or modifying the support order. See Montana Code 40-5-403
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-403
- Income: means any form of payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability payments, payments under a pension or retirement program, interest, and earnings and wages. See Montana Code 40-5-403
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligor: means a person who owes a duty to make payments under a support order. See Montana Code 40-5-403
- Payor: means any payor of income to an obligor and includes any person, firm, corporation, association, employer, trustee, political subdivision, state agency, or any agent thereof who is subject to the jurisdiction of the courts of this state under Rule 4(b) of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate Family Support Act contained in part 10 of this chapter. See Montana Code 40-5-403
- 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: has the meaning provided in 40-5-201. See Montana Code 40-5-403
(2)After October 1, 1991, when a support order of another state is registered in Montana under the provisions of 40-5-1055 or other applicable law, the support obligation is subject to immediate income withholding under this section.
(3)The department may direct the payor of income to the obligor to commence the withholding of the obligor’s income on:
(a)the effective date of the support order or the date of registration of the support order; or
(b)the date, if any, that the department becomes authorized by law to provide child support enforcement services.
(4)An obligor’s income is not subject to immediate withholding if the court or administrative authority that issued or modified the support order finds:
(a)that there is good cause not to require immediate withholding; or
(b)that there is an alternative arrangement between the parties for the payment of support that provides sufficient security to ensure compliance with the arrangement.
(5)For the purposes of subsection (4), any finding of good cause not to require immediate income withholding must be based on at least:
(a)a written determination and explanation by the court or administrative authority as to why implementation of immediate income withholding would not be in the best interests of the child; and
(b)proof of timely payment of previously ordered support in cases involving the modification of support orders.
(6)Immediate withholding under this section terminates only:
(a)upon the conditions provided in 40-5-417; or
(b)at the request of the obligor if:
(i)withholding has not been previously terminated and subsequently initiated under 40-5-412 because of a delinquency; and
(ii)the obligor meets one of the exemptions under subsection (4).