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Montana State Profile |
Updated on 07 Sep 2007
Certified on 07 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/State Operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
4 Regional Field Offices, 1 Interstate Responding Office and Field Office. |
| A3. With what types of agencies do you have cooperative agreements? |
|
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
MCA 40-5-202(3) |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
04/13/1993 |
| B2. What is the effective date of your State's Act? |
10/1/1993 |
| B3. What is the statutory citation for your State's Act? |
40-5-101 through 40-5-197.
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
January 1, 1998 |
| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Canadian provinces and all countries with which the U.S. has agreements. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
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D. Age of Majority |
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| D1. What is the age of majority in your State? |
18 or upon graduation from high school, whichever is later, but no later than 19. |
| D2. What is the statutory cite for the age of majority? |
MCA 40-4-208(5); 40-5-201(2).
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
In the event of the child's death, the child's marriage, the child's enlistment in the US armed services, or the child's emancipation in a District Court proceeding. |
| D4. Does the date of the order impact what law is applied? |
Yes |
| D4.1. If so, please explain. |
Orders entered before October 1, 1991 are subject to termination at age 18, unless the parents agree upon a later termination date. |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
It depends. Support may terminate if some other party/entity assumes responsibility for the child. |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Life of order may be extended by written agreement or express provision of decree. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
10 years from date payment due for debt accrued prior to 10/1/93; 10 years after termination of obligation for payments due after 10/1/93, unless statute of limitations is tolled. |
| E2. What is your State's statute of limitations for paternity establishment? |
MCA 40-6-108. Child's 18th birthday. |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
A judgment may be enforced for a period of 10 years from docketing; a writ of execution may be issued to enforce a judgment for a period of 6 years, which may be extended by the court for up to an additional 4 years. A judgment lien continues for 6 years following docketing of the judgment and then expires by operation of law. A judgment may be extended past its 10-year duration only by filing a separate action to obtain a new judgment on the existing judgment. |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Modified Melson. |
| F2. Does your State charge interest on missed arrears? |
No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
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| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
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| F4. Does your State charge interest on adjudicated arrears? |
No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
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| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If the debt is reduced to a judgment. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
Application fee (non-assistance cases), tax intercept fees. May be fees/costs associated with some judicial proceedings in rare instances. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
Application fee (non-assistance cases) if obligor requested services, genetic testing fees. May be fees/costs associated with some judicial proceedings in rare instances. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Genetic testing costs are the only costs recovered. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
MCA 40-4-210, 40-5-145, 40-5-231
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Establish - No Modify - No Enforce - Yes, if providing child support enforcement services. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
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G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding. |
| G2. What specific source of income is not subject to withholding? |
MCA 40-5-403(3). Amounts required by law to be withheld (taxes, etc.) and amounts exempted from judgment, execution, or attachment.
For Additional Information - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
Yes |
| G3.1. If yes, what are those limits? |
Montana CSED can take 50% of wages and 100% of contract proceeds. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Payer may withhold a fee not to exceed $5.00 per month as compensation for administrative costs of each withholding. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Employer must implement wage withholding on the next pay period. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
The payer has 7 days to remit amounts withheld from an employee's pay. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
MCA 40-5-424, 40-5-226. Employer liable for amounts that should have been withheld. May also pursue civil contempt, which carries a fine of up to $500 for each contempt. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
See G-7. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
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| G11. How does an obligor contest income withholding in your State? |
MCA 40-5-413, 414. Have right to request hearing to object on basis of mistake of fact within 10 days of notice. Hearings conducted by phone. The entire process must be completed within 45 days. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
See MCA 40-5-423. Income withholding order is issued by Montana CSED has priority over income withholding orders issued by Montana court or court agency of another state; voluntary or involuntary assignment of wages; other voluntary deductions from the obligor's income, levies, writs of execution, or garnishments of the obligor's income; and any other claims by creditors. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
Montana allows, but does not require, that gross income be reduced by the deduction of expenses: 1) required by law, such as state and federal income tax; 2) required as a condition of employment, such as safety equipment and union dues; and, 3) necessary to the production of income, as in self-employment. In addition, Montana's guidelines provide specific deductions for other legal dependents and for court ordered child support and health insurance for children other than those in the calculation. Finally, Montana allows deduction of a self-support reserve in the amount of 130% of the current federal poverty guideline for a single person. |
| G14. When does your state require the employer to send notice of an employee's termination? |
MCA 40-5-421, "promptly" |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
Employers should keep the IWO until they receive an Order to Terminate the withholding order from the caseworker. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes, https://app.mt.gov/csp/ |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes, to an employer. |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
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H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
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| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
On the condition that neither parent withdraws the acknowledgment within 60 days after it was signed. MCA 40-6-105. |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
07/01/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Acknowledgments of paternity must be filed with state vital statistics in order to rise to level of presumption. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Depends on whether the marriage has been dissolved or not. If the paternity presumption arising by reason of marriage is not rebutted during a dissolution of marriage action, the presumption is irrebuttable and may not be further challenged. Prior to a dissolution, rebuttal may occur by "an appropriate action by a preponderance of the evidence," or by genetic testing which excludes the person as a child's natural parent. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
Father's name on birth certificate is mere evidence of paternity, but is not conclusive. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
Each of the following sets of facts creates a rebuttable presumption: 1. The alleged father and the mother marry or attempt to marry after the child's birth, and there is a support order against the alleged father. MCA 40-6-105. 2. The alleged father receives the child into his home and openly represents the child to be his natural child. MCA 406-105 3. There is a presumption against the alleged father under the laws of the state in which the child was born. MCA 40-6-105 4. The alleged father registers with the Putative Father Registry and the mother does not deny that he is the father. MCA 42-2-209 |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
MCA 42-2-202. Putative Father Registry |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None |
| H10. Is common law marriage recognized in your State? |
Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
According to the Montana Supreme Court, a common law marriage must take place immediately or not at all and there must be a consent to a valid marriage, cohabitation and public repute. |
| H10.2. When did your current common law standard go into effect? |
02/21/1923 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
Common-law marriage has been a feature of Montana law since territorial days. |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Hearings are conducted via telephone. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
MCA 40-6-109
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
If a proper referral is received and recovery is requested. No, if a proper referral is not received. The matter would be considered non IV-D. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Generally, if father is not married to mother at the time of birth, an order from a tribunal is necessary to add the father's name to the birth certificate. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One set of documents; a paternity affidavit is required for each child. |
I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Administrative process utilized by CSED; judicial process in non-IV-D cases. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
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| I1.2. Under what circumstances would the judicial process be used? |
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| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
MCA Title 40,Chapter5, Part 2 and Part 8
For Additional Information - Click Here |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Income of both parents is considered in setting support. Income of a child, new spouse, etc. may be considered as a variance. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Findings of clear and convincing evidence that the application of the standards (MCA 40-4-204) and child support guidelines are unjust to the child or to any of the parties or that the amount determined under the guidelines is inappropriate in a particular case. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
MCA 40-5-226. For administrative process, support may be established from: date of birth, if paternity established under MCA 40-5-231 to -238 or Title 40, Ch. 6, Part 1; date of parties' separation, if support is established under 40-5-225. |
| I4.2. What information or documentation does your State require to proceed? |
1. Completed Child Support Enforcement Transmittal #1. 1. Proof of parental obligation which must consist of at least one of the following: 1) Copy of the child or children's birth certificate on which the absent parent name appears; 2) Certified copy of parent's marriage license showing children were born during the marriage; 3) Certified copy of Order of Divorce, Decree of Dissolution, or other order; 4) Certified copy of a judicial or administrative determination of paternity; 5) For non-custodial parent of a child for which paternity may be in question, a notarized acknowledgment of paternity, signed by both parties that has been filed with Vital Statistics; 6) If non-custodial parent is presumed to be father of the child by action of state statute, an explanation and a copy of the statute in question; 7) Certified copy of blood test results showing a 95% or higher statistical probability of paternity. 2. Signed and notarized affidavit from CP indicating sufficient financial information for determination of an ongoing support amount. 3. Any employment, asset, or other relevant information known about the non-custodial parent. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
See I4.2 |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Yes |
| I6. What is your State's statutory authority for the administrative process? |
In general, MCA 40-5-201 es seq.
For Additional Information - Click Here |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
|
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
NO MCA 40-6-215(1)(2)(a)(b) |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
See I8. |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No, see I8. |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
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J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative procedure |
| J2.1. What are the trigger criteria for filing a lien? |
Delinquency greater than $150 Debt unenforceable by income with-holding Value of property exceeds value of any exemptions, service of process and execution, and amount of any superior liens. |
| J2.2. Where is your State liens filed? |
RP-County Clerk of District Court where property located Under Montana District Court are 21 Districts, 56 Counties PP-State Office of Secretary of State, SOS, (non-licensed, non-Titled PP) MV-State Department of Justice Motor Vehicle Division |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
Motor vehicle liens: $8 for autos, motorcycles, RV's, for boats, snowmobiles, off-road vehicles. Secretary of State UCC liens: $7.00 |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Both |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Both |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
No notice required. However, the IV-D agency includes a warning notice about available enforcement remedies in the monthly statement sent to obligors not paying under income withholding. Also, in notices initiating specific enforcement action, the IV-D agency lists additional enforcement actions that can be taken, including seizure & sale. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
No |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
N/A |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
N/A |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
$150 minimum delinquency. No specified number of months delinquent. Medical benefits used solely to pay for medical care and trusts accounts that do not belong to the obligor are exempted. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
See J5.1 |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
None |
| J5.3. 1. If yes, please provide the time frame. |
|
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
|
| J5.4.1. If yes, please provide the percentage. |
Limited exemptions are provided for MCA 25.13.608-609-614 |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
|
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
No |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
|
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
Ten working days from the date the warrant/notice is mailed to request a hearing. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
|
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
The action may be challenged to determine whether the property seized is exempted from execution, the validity of the judgment; and whether payments have been made since the last adjudication of the judgment. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Judicial for property seized by Writ of Execution. Administrative for property seized by warrant for distraint. The district court or child support agency must hold the hearing within ten days of receiving request. The district court hearing is limited to whether the property is exempt. |
| J5.11. What are your State's penalties for incorrect seizures? |
No specified dollar amount. Obligor may initiate an action against the agency in district court to recover damages |
| J5.12. Is the second challenge administrative, judicial or both? |
|
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
10 days from date of service. Petition for review of administrative hearing decision must be filed w/the court within 30 days. The total amount of a joint account is subject to execution to satisfy a judgment. Non-debtor can request IV-D agency refund non-commingled amounts; if not satisfied, can initiate action is district court |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Automated but not centralized. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
By law, if the property holder is the obligor's employer, the writ of execution or warrant for distraint must be accompanied by a description of the statutory exemption for net earnings. CSED policy extends the requirement to cover all property holders - including financial institutions-on whom a writ of execution or warrant for distraint is served. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
|
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
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| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
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| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
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| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
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| J5.19.1 . If yes, please define. |
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| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Workers' compensation - Yes, administrative and judicial Unemployment compensation - Yes, administrative procedure Other state funds - Yes, administrative procedure. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Suspension of Licenses: Drivers, Professional, Recreational |
| J8. Please describe any other judicial enforcement procedures your state may have. |
|
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
The other state must file the lien with the appropriate office, depending upon the type of property, in the appropriate county or state office.
For Additional Information - Click Here |
| J10. Which of our state's enforcement remedies are available without registration? |
Everything except modification process. |
| J11. Describe your state's registration and enforcement procedures. |
Consistent with UIFSA statutes MCA 40-5-184 and 40-5-191. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
None. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
25-9-501 et. seq.
For Additional Information - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
|
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
|
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
Equifax, TransUnion, Innovis |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
Initiating |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
The case is not an incoming case and the obligor owes a support debt equal to or greater than two months' support obligation, or the case is an arrears-only case. |
K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
TANF and Non-TANF cases - upon the request of the obligor or obligee where: 1. 36 months have lapsed since last order was entered or modified; or 2. A significant change in circumstances has occurred. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
TANF and non-TANF cases - upon request of CP or NCP. |
| K3. Briefly describe your State's modification procedure. |
Multi-stage administrative proceeding, with possibility of contested case hearing, and subsequent judicial review, if desired. If underlying order is issued by a Montana District Court, the CSED's proposed order must be reviewed by the Court and adopted or rejected. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
1. The support obligation resulting from the modification review must be an increase or decrease of at least $25.00 per month; 2. The modified support order must include a requirement for the obligor to get and keep health insurance whenever it is available through employment or other group plan whenever this requirement is absent in the previous order; 3. The modified support order must provide credit to the obligor for social security benefits paid to the child or children because of the obligor's disability. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
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| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
A. Household composition of one of the parents has changed; B. Change in custody/extended visitation (over 110 days/year); C. One or more of the children have emancipated, reached the age of majority, or died; D. A child was born to the parents after entry of the previous order; E. The obligor has become disabled or rehabilitated since the previous order was entered. Social Security benefits to the children have begun or ended as a result of the disability; F. The previous order was set without reference to the guidelines. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
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| K7. How does your state credit SSA disability to current and past due support? |
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| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
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| K8.1. If so, please explain the situation? |
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| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
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| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
A copy of a Montana birth certificate can be obtained on-line at www.vitalchek.com. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Registration is generally not required for enforcement actions. |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
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| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
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| L11.1 If yes, would the employer only withhold for that period's obligation? |
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