Montana Code 40-5-432. Application for withholding
40-5-432. Application for withholding. (1) Whenever an obligor resides in this state and derives income within this state and a support order issued in another jurisdiction is being enforced by a public agency of that jurisdiction pursuant to Title IV-D of the Social Security Act, that agency may apply to the department for income-withholding services.
Terms Used In Montana Code 40-5-432
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-403
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
- Support order: has the meaning provided in 40-5-201. See Montana Code 40-5-403
(2)The application for income withholding must include:
(a)a certified copy of the support order, with all modifications of the support order;
(b)an affidavit by the obligee containing a statement that the obligor is delinquent in the payment of support in an amount equal to at least 1 month’s support payment and a computation of the period and total amount of the arrearage as of the date of the application;
(c)a certified copy of the payment record if the records are maintained by the agency or any other agency within that jurisdiction;
(d)the name, address, and social security number of the obligor;
(e)the name and address of all known payors within this state; and
(f)the name and address of the agency or person to whom support payments collected by the department under income-withholding procedures should be sent.
(3)Upon receipt of the application, the department shall begin procedures to establish orders for income withholding, including notice and opportunity for hearing under this part. The department shall further advise the obligor that the income withholding was requested on the basis of an application from another jurisdiction.
(4)In any hearing based on an application under this section, the certified copy of the support order and affidavit, without further proof or foundation, constitutes prima facie evidence that the support order is valid and that the obligee or public agency is entitled to an order of income withholding and that the amount of current support payments and arrearages are as stated.
(5)In accordance with 40-5-414, a final decision on whether or not income withholding is appropriate must be rendered within 45 days of service of notice on the obligor. If, however, because of the interjurisdictional aspects of the case, the hearing examiner is unable to resolve a dispute over the amount of arrearages within the time limit and the hearing examiner has found that the obligor is delinquent in an amount equal to at least 1 month’s support payment, the hearing examiner shall authorize immediate service of the order for withholding as to current support and may continue the hearing on the disputed amounts beyond the 45-day limit.