Montana Code 40-5-314. Civil liability for failure to comply with wage deduction order
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40-5-314. Civil liability for failure to comply with wage deduction order. (1) A payor who purposely and knowingly fails to deduct support money from the obligor’s income and remit the money when ordered to do so under this part is liable to the obligee of the support order for any amount up to the accumulated amount the payor should have deducted and remitted.
Terms Used In Montana Code 40-5-314
- 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
- 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
- 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
(2)A payor who complies with a deduction order under this part is not liable to the obligor or to any other person claiming rights derived from the obligor for wrongful deductions.