Terms Used In Montana Code > Title 40 > Chapter 5 > Part 7 - Suspension of Licenses for Nonsupport

• Child: means :

  (i)a person under 18 years of age who is not emancipated, self-supporting, married, or a member of the armed forces of the United States;

  (ii)a person under 19 years of age who is still in high school;

  (iii)a person who is mentally or physically incapacitated when the incapacity began prior to that person reaching 18 years of age; and

  (iv)in IV-D cases, a person for whom:

  (A)support rights are assigned under 53-2-613;

  (B)a public assistance payment has been made;

  (C)the department is providing support enforcement services under 40-5-203; or

  (D)the department has received a referral for IV-D services under the provisions of the Uniform Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-701

• Conservation activity: means an activity for which a conservation license is issued by the department of fish, wildlife, and parks pursuant to 87-2-201. See Montana Code 40-5-701
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• Department: means the department of public health and human services. 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

• 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.
• 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
• Licensing authority: means any department, division, board, agency, or instrumentality of this state that issues a license. See Montana Code 40-5-701
• 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.
• 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
• Order suspending a license: means an order issued by a support enforcement entity to suspend a license. 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
• 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
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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

• support obligation: means the amount created by the failure to provide or pay:

  (a)support to a child under the laws of this or any other state or under a support order;

  (b)court-ordered spousal maintenance or other court-ordered support for the child's custodial parent; or

  (c)fines, fees, penalties, interest, and other funds and costs that the support enforcement entity is authorized to collect by the use of any procedure available to the entity for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-701

• Support order: means an order that provides a determinable amount for temporary or final periodic payment of a support debt or support obligation and that may include payment of a determinable or indeterminable amount for insurance covering the child issued by:

  (i)a district court of this state;

  (ii)a court of appropriate jurisdiction of another state, an Indian tribe, or a foreign country;

  (iii)an administrative agency pursuant to proceedings under Title 40, chapter 5, part 2; or

  (iv)an administrative agency of another state or an Indian tribe with a hearing function and process similar to those of the department. 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
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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
• Writing: includes printing. See Montana Code 1-1-203