Montana Code 40-5-413. Notice of income withholding
40-5-413. Notice of income withholding. (1) The department shall serve the obligor with a notice if:
Terms Used In Montana Code 40-5-413
- Alternative arrangement: means a written agreement between the obligor and obligee, and the department in the case of an assignment of rights under 53-2-613, that has been approved and entered in the record of the court or administrative authority issuing or modifying the support order. See Montana Code 40-5-403
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-403
- Income: means any form of payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability payments, payments under a pension or retirement program, interest, and earnings and wages. See Montana Code 40-5-403
- Obligee: means either a person to whom a duty of support is owed or a public agency of this or another state or an Indian tribe to which a person has assigned the right to receive current and accrued support payments. See Montana Code 40-5-403
- Obligor: means a person who owes a duty to make payments under a support order. See Montana Code 40-5-403
- Payor: means any payor of income to an obligor and includes any person, firm, corporation, association, employer, trustee, political subdivision, state agency, or any agent thereof who is subject to the jurisdiction of the courts of this state under Rule 4(b) of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate Family Support Act contained in part 10 of this chapter. See Montana Code 40-5-403
(a)income withholding is initiated because of a delinquency;
(b)additional arrearages accrued subsequent to the issuance of an order to withhold and the department proposes to add those arrearages to an existing withholding order; or
(c)immediate withholding or delinquency withholding has commenced for current support and there are arrearages due for a period prior to entry of the order to withhold that the department proposes to add to the withholding order.
(2)The notice must contain a statement:
(a)of the amount subject to withholding, including a computation showing the period and total amount of the arrearages as of the date of the notice;
(b)that withholding applies to all current and subsequent payors;
(c)of the procedures to follow if the obligor desires to contest income withholding on the grounds that the initiation of withholding or the modification of an existing withholding order is improper or that the amount to be withheld is in error due to a mistake of fact, as provided in 40-5-412;
(d)of the period of time within which the obligor is required to file a request for a hearing and that failure to file a request within the time limit will result in income-withholding orders being served upon the payor for the amount stated in the notice; and
(e)in those cases in which withholding is being initiated at the request of an obligee without regard to whether there is a delinquency as provided in 40-5-412(3), a statement that the obligor can require the obligee to appear and show proof that the obligor is not meeting the terms of the alternative arrangement.
(3)The notice must be served upon the obligor personally or by certified mail.