Montana Code 40-5-431. Registration of interstate income-withholding orders
40-5-431. Registration of interstate income-withholding orders. (1) Whenever an obligor, whether or not the obligor resides in this state, derives income within this state and an order for income withholding of the obligor’s income has been issued by another IV-D agency as a means to enforce support orders under Title IV-D of the Social Security Act, that agency may register the income-withholding order with the department. Upon registration of the withholding order issued by an entity other than the department, it must be treated in the same manner and have the same effect as an income-withholding order issued by the department. The provisions of 40-5-1059 through 40-5-1062 apply to this section to the extent that they are consistent with this section.
Terms Used In Montana Code 40-5-431
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-403
- 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
- IV-D agency: means the agency responsible for the provision of services under Title IV-D of the Social Security Act, 42 U. See Montana Code 40-5-403
- 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.
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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: has the meaning provided in 40-5-201. See Montana Code 40-5-403
(2)The application for registration of an order issued by an entity other than the department for income withholding must include:
(a)a certified copy of the support order, with all modifications of the order;
(b)a certified copy of the income-withholding order;
(c)a sworn statement of the facts entitling the agency to issue an income-withholding order, including a statement of the amount of arrearages and a statement that all procedural due process requirements of the other jurisdiction for issuance of the income-withholding order have been carried out in full;
(d)the name, address, and social security number of the obligor;
(e)the name and address of the obligor’s employer or of any other payor of income to the obligor if the order for income withholding of the other jurisdiction extends to other income; and
(f)the name and address of the agency or person to whom support payments collected by the department under income-withholding procedures should be transmitted.
(3)When the income-withholding order issued by an entity other than the department is registered, the department shall serve the order upon the payor, with directions to the payor to comply with the order and to deliver the withheld amounts to the department. Registration of an income-withholding order issued by an entity other than the department under this section does not confer jurisdiction for any other purpose, such as modification of the support order, custody, or visitation.