Montana Code 40-5-415. Order to withhold income — rules
40-5-415. Order to withhold income — rules. (1) When the requirements of this part have been met, the department shall serve an order or modification order to withhold and deliver income upon any payor or combination of payors. The order must:
Terms Used In Montana Code 40-5-415
- 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
- Support order: has the meaning provided in 40-5-201. See Montana Code 40-5-403
(a)direct the payor and successor payors to withhold from the obligor‘s income each month the amount specified in the order if sufficient funds are available;
(b)direct the payor to deliver the amount withheld to the department in the same month in which the funds were withheld;
(c)state that the order is binding on the payor until further notice by the department;
(d)state the rights and duties of the payor under this part; and
(e)include a statement that the obligor is required under a support order to provide health insurance coverage for the obligor’s child, if appropriate.
(2)An order or modification order to withhold and deliver the obligor’s income made under this section is binding upon the payor immediately upon service of the order upon the payor. Service of the order or modification order to withhold may be made either personally, by certified mail, or by electronic service upon an entity that has entered into an agreement with the department to accept electronic service of an order entered under this part.
(3)Whenever there is more than one payor, the department may, in its discretion, apportion the total amount to be withheld each month among payors. Whenever an obligor’s income is subject to withholding for more than one obligee, the department may consolidate the payments received each month and distribute the income among the obligees according to department rules.