Montana Code 40-5-305. Notice
40-5-305. Notice. (1) A party initiating income deductions under this part shall serve the obligor with notice if:
Terms Used In Montana Code 40-5-305
- 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
- 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
(a)an order for immediate income deductions is issued because of a delinquency;
(b)additional delinquencies accrued subsequent to the issuance of an income-deduction order and the requesting party proposes to add those delinquencies to an existing order for income deductions;
(c)immediate withholding under 40-5-315 or delinquency withholding under 40-5-303 has commenced for current support and there are delinquencies due for a period prior to issuance of the income-deduction order that the requesting party proposes to add to the deduction order; or
(d)the obligation to pay current support has terminated and there are support arrears still owing for the period prior to termination.
(2)The notice must contain a statement:
(a)of the amount subject to withholding, including a computation showing the period and total amount of the delinquency as of the date of the notice;
(b)that withholding applies to all current and subsequent payors;
(c)of the procedures to follow if the obligor desires to contest income withholding on the grounds that the initiation of withholding or the modification of an existing order for deductions is improper or that the amount to be deducted is in error due to a mistake of fact; and
(d)of the period of time within which the obligor is required to file a request for hearing and that failure to file the hearing request within the time limit will result in an income-deduction order being served upon the payor for the amount stated in the notice.
(3)The notice must be served upon the obligor personally or by certified mail.