40-5-424. Civil liability for failure to comply with income-withholding order. (1) A payor who fails to withhold and deliver support money from the obligor‘s income when ordered to do so under 40-5-415 is liable to the department for any amount up to the accumulated amount the payor should have withheld and delivered.

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Terms Used In Montana Code 40-5-424

  • 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
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(2)No payor who complies with an order to withhold under this part is liable for wrongful withholding to the obligor or to any other person claiming rights derived from the obligor.