Montana Code 40-5-308. Order for deduction from income for child support payments
40-5-308. Order for deduction from income for child support payments. (1) The court may authorize the requesting party to continue an immediate income-deduction order issued because of a delinquency, may modify an existing deduction order, or may authorize issuance of an income-deduction order if:
Terms Used In Montana Code 40-5-308
- 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
- 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
- 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
(a)the obligor fails to timely respond to the notice provided under 40-5-305;
(b)the obligor fails to appear at a scheduled hearing;
(c)the court determines that the obligor is delinquent in the payment of support; or
(d)the court determines there are new or additional delinquencies to be added to an existing deduction order.
(2)The order must state:
(a)the action involved;
(b)the total amount of back child support due and the amount of each court-ordered installment of child support;
(c)the amount to be deducted from the obligor’s income and the amount, if any, allowed to the payor under 40-5-309(2) as a fee for handling the deduction;
(d)the length of time the order is to remain in effect, if ascertainable; and
(e)the name and address of the person or entity to whom the deduction is to be paid by the payor.