40-5-702. Notice of intent to suspend license. (1) Upon the petition of an obligee alleging the existence of a delinquency or upon the failure of an obligor to comply with a subpoena or warrant, a support enforcement entity may issue a notice of intent to suspend a license.

Terms Used In Montana Code 40-5-702

  • Delinquency: means a support debt or support obligation due under a support order in an amount greater than or equal to 6 months' support payments as of the date of service of a notice of intent to suspend a license. See Montana Code 40-5-701
  • IV-D case: means a case in which the department is providing support enforcement services as a result of:

    (a)an assignment of support rights under 53-2-613;

    (b)a payment of public assistance;

    (c)an application for support enforcement services under 40-5-203; or

    (d)a referral for services from an agency of another state or an Indian tribe under the provisions of the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-701

  • License: means a license, certificate, registration, permit, or any other authorization issued by an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation, profession, conservation activity, or any other privilege that is subject to suspension, revocation, forfeiture, termination, or a declaration of ineligibility to purchase by the licensing authority prior to its date of expiration. See Montana Code 40-5-701
  • Obligee: means :

    (a)a person to whom a support debt or support obligation is owed; or

    (b)a public agency of this or another state or an Indian tribe that has the right to receive current or accrued support payments or that is providing support enforcement services under this chapter. See Montana Code 40-5-701

  • Obligor: means a person who owes a duty of support or who is subject to a subpoena or warrant in a paternity or child support proceeding. See Montana Code 40-5-701
  • Payment plan: includes but is not limited to a plan approved by the support enforcement entity that provides sufficient security to ensure compliance with a support order and that incorporates voluntary or involuntary income withholding under part 3 or 4 of this chapter or a similar plan for periodic payment of a support debt and, if applicable, current and future support. See Montana Code 40-5-701
  • 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
  • Subpoena: means a writ or order issued by a court or the department in a proceeding or as part of an investigation related to the paternity or support of a child that commands a person to appear at a particular place and time to testify or produce documents or things under the person's control. See Montana Code 40-5-701
  • Subpoena: A command to a witness to appear and give testimony.
  • Support enforcement entity: means :

    (a)in IV-D cases, the department; or

    (b)in all other cases, the district court that entered the support order or a district court in which the support order is registered. See Montana Code 40-5-701

  • Suspension: includes the withdrawal, withholding, revocation, forfeiture, or nonissuance of a license and license privileges. See Montana Code 40-5-701
  • Warrant: means a bench warrant, a warrant to appear, an order to show cause, or any other order issued by a court relating to the appearance of a party in a paternity or child support proceeding. See Montana Code 40-5-701

(2)The notice must be served upon the obligor personally or by certified mail and may:

(a)in a IV-D case, be incorporated into any notice served under Title 17, chapter 4, part 1, or Title 40, chapter 5, part 2 or 4;

(b)in all other cases, be combined with any other enforcement proceeding.

(3)The notice must state that the obligor’s license will be suspended 60 days after service unless within that time the obligor:

(a)pays the entire support debt stated in the notice;

(b)enters into a payment plan approved by the support enforcement entity;

(c)complies with the subpoena or warrant; or

(d)appears and shows cause in a hearing before the support enforcement entity under 40-5-703 that suspension of a license is not appropriate.

(4)In a IV-D case, the notice must advise the obligor that hearings conducted under 40-5-703 are subject to the contested case provisions of the Montana Administrative Procedure Act.