§ 40-5-901 Definitions
§ 40-5-906 Child support information and processing unit
§ 40-5-907 Case registry — abstracts — information required — mandatory updating
§ 40-5-908 Registration procedures
§ 40-5-909 Centralized payment center — mandatory payments to center
§ 40-5-910 Distribution of payments
§ 40-5-911 Monitor payments — enforcement
§ 40-5-921 Certification of records
§ 40-5-922 Directory of new hires — employer reporting requirements
§ 40-5-923 Information and records — disclosure
§ 40-5-924 Automated access to financial records — confidentiality — no liability — definitions

Terms Used In Montana Code > Title 40 > Chapter 5 > Part 9 - Centralized Child Support Registration and Payment

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Date of hire: means the first day that an employee starts work for which the employee is owed compensation by the payor of income. See Montana Code 40-5-901
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-901
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Employee: means a person 18 years of age or older who performs labor in this state for an employer in this state for compensation and for whom the employer withholds federal or state tax liabilities from the employee's compensation. See Montana Code 40-5-901
  • Employer: means a person, firm, corporation, association, governmental entity, or labor organization that engages an employee for compensation and withholds federal or state tax liabilities from the employee's compensation. See Montana Code 40-5-901
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreign support order: means a support order entered or last modified by a court or administrative agency of another state, the District of Columbia, the Commonwealth of Puerto Rico, a territory or insular possession subject to the jurisdiction of the United States, an Indian tribe, or a foreign jurisdiction. See Montana Code 40-5-901
  • Fraud: Intentional deception resulting in injury to another.
  • IV-D case: means a case in which the department is providing services under the provisions of Title IV-D of the Social Security Act and the regulations promulgated under that act. See Montana Code 40-5-901
  • 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.
  • Labor organization: means a labor union, union local, union affiliate, or union hiring hall. See Montana Code 40-5-901
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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 the payee under a support order or a person or agency entitled to receive support payments. See Montana Code 40-5-901
  • Obligor: means a person who is obligated to pay support under a support order. See Montana Code 40-5-901
  • Payor: means :

    (a)an employer or person engaged in a trade or business in this state who engages an employee for compensation; or

    (b)when used in context with income withholding, means a person, firm, corporation, association, employer, trustee, political subdivision, state agency, or agent paying income to an obligor on a periodic basis. See Montana Code 40-5-901

  • 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
  • Rehire: means the first day, following a termination of employment, that an employee begins to again perform work or provide services for a payor. See Montana Code 40-5-901
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. 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
  • Support order: means a judgment, decree, or order, whether temporary or final, that:

    (a)is for the benefit of a child or a state agency;

    (b)provides for monetary support, health care, arrearages, or reimbursement;

    (c)may include related costs and fees, interest, and similar other relief; and

    (d)may include an order for maintenance or other support to be paid to a child's custodial parent. See Montana Code 40-5-901

  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203