40-5-422. Obligor rights protected — penalties. (1) An employer may not discharge, discipline, or refuse to hire an obligor:

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Terms Used In Montana Code 40-5-422

  • Employer: includes a payor. 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(a)because the person has a child support obligation; or

(b)because of the institution of income withholding on the obligor’s income or the initiation of proceedings under this part.

(2)Any person who violates this section may be fined not more than $500 and not less than $150 and may be required to make full restitution to the aggrieved obligor, including reinstatement and backpay.