40-5-403. Definitions. As used in this part, the following definitions apply:
     (1) "Alternative arrangement" means a written agreement signed by the obligor and obligee, and signed by 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.
     (2) "Department" means the department of public health and human services provided for in 2-15-2201.
     (3) "Income" means any form of periodic payment to a person, including earnings and wages. However, income does not include:
     (a) any amount required by law to be withheld, other than creditor claims, including federal, state, and local taxes and social security; and
     (b) any amounts exempted from judgment, execution, or attachment by federal or state law.
     (4) "Obligee" means either a person to whom a duty of support is owed or a public agency of this or another state to which a person has assigned the right to receive current and accrued support payments.
     (5) "Obligor" means a person who owes a duty to make payments under a support order.
     (6) "Payor" means any payor of income to an obligor on a periodic basis 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 4B of the Montana Rules of Civil Procedure.
     (7) "Support order" means an order of the district court of the state of Montana, an order of a court of appropriate jurisdiction of another state, an administrative order established pursuant to proceedings under part 2 of this chapter, or an order established by administrative hearing process of an agency of another state with functions similar to those of the department set forth in part 2 of this chapter, that provides a set and determinable amount for temporary or final periodic payment of funds for the support of a child. Support order further includes the following:
     (a) an order for reimbursement of public assistance money paid by a public agency for the benefit of a minor child;
     (b) an order for maintenance to be paid to a former spouse when the former spouse is the custodial parent of a child for whom child support is awarded under the same order; and
     (c) an order requiring payment of interest due on unpaid judgments for child support.

     History: En. Sec. 3, Ch. 571, L. 1985; amd. Sec. 24, Ch. 702, L. 1989; amd. Sec. 6, Ch. 635, L. 1991; amd. Sec. 140, Ch. 546, L. 1995.