Montana Code 40-5-263. Central clearinghouse — enforcement services — powers and duties of the department
40-5-263. Central clearinghouse — enforcement services — powers and duties of the department. (1) The department shall establish a clearinghouse for the registration of all IV-D cases referred to the department. The clearinghouse shall serve as the central point for the receipt and dissemination of information regarding IV-D enforcement requests, including but not limited to:
Terms Used In Montana Code 40-5-263
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- Director: means the director of the department of public health and human services or the director's authorized representative. See Montana Code 40-5-201
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligor: means a person, including an alleged father, who owes a duty of support. See Montana Code 40-5-201
- Property: means real and personal property. See Montana Code 1-1-205
- 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
(a)petitions under the Revised Uniform Reciprocal Enforcement of Support Act, Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act; and
(b)wage withholding requests under part 4 of this chapter.
(2)(a) A case must be referred to the clearinghouse to be processed as a IV-D case and receive the benefits of IV-D status and clearinghouse services.
(b)The clearinghouse may accept any IV-D referral made by application or by petition under the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act. An application must be made on forms prescribed by the department.
(3)Upon certification by the initiating agency in another state, an Indian tribe, or a country that a case filed in the registry of foreign support orders, including a petition under the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, or the Uniform Interstate Family Support Act, is eligible for IV-D services and that the obligor resides, has property, or derives income in this state, the department may:
(a)proceed under Title 40, chapter 5, part 10; or
(b)pursue any other remedy available to it to establish or enforce a support order.
(4)If necessary, the department shall establish the paternity of the child.
(5)The clearinghouse shall:
(a)review and acknowledge receipt of any IV-D referral;
(b)request missing information from the initiating agency in another state, an Indian tribe, or a country;
(c)determine appropriate enforcement remedies and forward the referral to the appropriate enforcement unit;
(d)provide status updates to the initiating agency in another state, an Indian tribe, or a country, including the location of the responsible enforcement unit;
(e)locate an obligor and the obligor’s assets, if necessary; and
(f)initiate a IV-D referral if services are provided by the department and the obligor or the obligor’s income or assets reside outside the state.
(6)If the department is providing support enforcement services, the director or the director’s designee may certify any petition, application, and referral, including a petition under part 10 of this chapter.
(7)A lien created by operation of law or issued by order of a court or another IV-D entity to enforce a support order may, at the request of the other IV-D agency, be registered with the department. Upon registration, the lien applies to any of the obligor’s real and personal property located in this state with the same force and effect as a lien established under 40-5-248. At the request of the other IV-D agency, a registered lien may be enforced by the department using any remedy available to enforce a support lien under 40-5-248.