40-5-221. Debt to state by obligor — limitations. (1) Except as provided in subsection (2), any payment of public assistance money made to or for the benefit of a child creates a debt due and owing the state of Montana by the obligor in an amount equal to the amount of public assistance money paid. In the case of an obligor who is an adoptive parent, a debt for public assistance paid may not accrue prior to the date of adoption.

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Terms Used In Montana Code 40-5-221

  • Child: means :

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

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

    (iii)a person who is mentally or physically incapacitated if the incapacity began prior to the person's 18th birthday; or

    (iv)in a IV-D case, 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 from an agency of another state or an Indian tribe 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 40-5-201

  • Department: means the department of public health and human services. See Montana Code 40-5-201
  • Obligor: means a person, including an alleged father, who owes a duty of support. See Montana Code 40-5-201
  • Parent: means the natural or adoptive parent of a child. See Montana Code 40-5-201
  • Public assistance: means any type of monetary or other assistance for a child, including medical and foster care benefits. See Montana Code 40-5-201
  • 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 an order, whether temporary or final, that:

    (a)provides for the payment of a specific amount of money, expressed in periodic increments or as a lump-sum amount, for the support of the child, including an amount expressed in dollars for medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child;

    (b)is issued by:

    (i)a district court of this state;

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

    (iii)an administrative agency pursuant to proceedings under this part; or

    (iv)an administrative agency of another state, Indian tribe, or foreign country with a hearing function and process similar to those of the department under this part; and

    (c)when the context requires, includes:

    (i)judgments and orders providing periodic payments for the maintenance or support of the custodial parent of a child receiving services under this chapter; and

    (ii)amounts for the recovery of fines, fees, penalties, interest, and other funds and costs that the department is authorized under this chapter to collect by the use of any procedure available for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-201

(2)If a support order has been entered, the support debt created by this section may not exceed the amount of the order.

(3)If a child has been placed in foster care and a written agreement for payment of support exists between the obligor and any state agency, the support debt is limited to the amount provided for in the agreement. However, if a support order is or has been entered, the provisions of the order prevail over the agreement.

(4)The department shall adopt rules based on ability to pay, with respect to the level of support to be provided for in the agreements or modifications of the agreements based on changed circumstances.

(5)The department may establish and collect a debt created under this section in a proceeding that is in addition to and independent of the subrogation created by 40-5-202 and the assignment under 53-2-613.