Montana Code Annotated 2023



Part 2. Administrative Enforcement of Support

Finding Of Support Liability Based Upon Payment Of Public Assistance -- Support Lien -- Bond To Release Warrant -- Action To Collect

40-5-224. Finding of support liability based upon payment of public assistance -- support lien -- bond to release warrant -- action to collect. (1) If the department reasonably believes that the obligor is not a resident of this state or is about to move from this state or has hidden, absconded, or left or has removed or is about to remove, secrete, waste, or otherwise dispose of property that could be made subject to collection action to satisfy the support debt, the department may issue a support lien pursuant to 40-5-248 during the pendency of a collection action initiated by a notice under this chapter. Further action may not be taken on the lien until final determination of the collection action. The department shall make and file in the record of the pending collection action an affidavit stating the reasons upon which the belief is founded. The obligor may furnish a bond, not to exceed the amount of the support debt, during pendency of the collection action, and in that case, liens issued must be released. If the collection action is resolved in favor of the obligor, any lien issued under this section must be amended or released.

(2) The department may commence action under the provisions of this part to collect the support debt on the date of issuance of the decision resulting from a collection action or upon the obligor's failure to timely request a hearing in a pending collection action.

History: En. Sec. 14, Ch. 612, L. 1979; amd. Sec. 43, Ch. 439, L. 1981; amd. Sec. 13, Ch. 549, L. 1989; amd. Sec. 13, Ch. 631, L. 1993; amd. Sec. 6, Ch. 579, L. 1999.