Montana Code 40-5-309. Amount to be deducted from income
40-5-309. Amount to be deducted from income. (1) (a) The amount of money to be deducted each pay period from the obligor’s income is:
Terms Used In Montana Code 40-5-309
- 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
(i)(A) the amount of money necessary to pay current installments of child support as they become due and payable; plus
(B)the amount of money that, when deducted in equal amounts each pay period, will pay off all outstanding child support payments delinquent within 2 years; or
(ii)not less than 25% of the obligor’s disposable earnings.
(b)If withholding is annualized, when deducted in equal amounts, the amount withheld each pay period must be sufficient to pay all installments due in a 12-month period under the order to withhold.
(2)The district court may allow a fee not to exceed $5 per deduction, which the payor may deduct from the obligor’s income for the expense of administering the deduction.
(3)The total amount to be deducted under subsections (1) and (2) may not exceed the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. § 1673(b), as amended.
(4)Except as provided in 40-5-315, the child support income deduction must cease when there is no past-due child support owing, unless the district court orders continued income deductions for payment of child support installments as they become due and payable.