§ 40-5-301 Short title
§ 40-5-302 Purpose — applicability
§ 40-5-303 Petition for income deduction — who may initiate
§ 40-5-304 When child support payments considered delinquent
§ 40-5-305 Notice
§ 40-5-306 Discharge of delinquency
§ 40-5-307 Delinquency of child support denied — hearing
§ 40-5-308 Order for deduction from income for child support payments
§ 40-5-309 Amount to be deducted from income
§ 40-5-310 Priority of income deduction
§ 40-5-311 Remedy not exclusive
§ 40-5-312 Duties of payors
§ 40-5-313 Obligor rights protected — penalties
§ 40-5-314 Civil liability for failure to comply with wage deduction order
§ 40-5-315 Immediate income deductions

Terms Used In Montana Code > Title 40 > Chapter 5 > Part 3 - Child Support Income Deduction

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Employer: includes a payor. See Montana Code 40-5-303
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Income: means any form of periodic payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability benefits, payments under a pension or retirement program, interest and earnings, and wages. See Montana Code 40-5-303
  • 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.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • 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.
  • Payor: means any entity that pays income to an obligor on a periodic basis and includes any person, firm, corporation, association, employer, trustee, political subdivision, or state agency or an agent of any one of them, subject to the jurisdiction of the courts of this state under Rule 4(b) of the Montana Rules of Civil Procedure. See Montana Code 40-5-303
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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
  • Trustee: A person or institution holding and administering property in trust.