Montana Code Annotated 2021



Part 2. Administrative Enforcement of Support

Notice Of Review Of Child Support Orders -- Order For Production Of Information

40-5-273. Notice of review of child support orders -- order for production of information. (1) Upon receipt of a review application setting forth facts meeting any of the criteria for review of a child support order established in 40-5-272, a notice of administrative review and an order for the production of financial information, if appropriate, must be served either personally or by certified mail on the obligor, the obligee, and any other party entitled to notice. If service is by certified mail, the department must receive a return receipt signed by the person to whom the notice was mailed for the service to be effective. Service of the notice is considered to be effective if, in the absence of a return receipt, the person to whom the notice was mailed requests a hearing or appears at the administrative review hearing. The notice must include a statement:

(a) of the purpose, objectives, and possible consequences of the review, including that a modified support order may require the obligee to pay a monthly transfer payment to another party;

(b) of the right of the obligor and the obligee to request the department to issue subpoenas compelling the appearance of witnesses and the production of documents for a hearing;

(c) of the dollar amount of the support obligation to be paid each month for the child;

(d) of any change in the child's medical support needs, including changes to the original order to bring it into compliance with part 8 of this chapter;

(e) of the effective date of the change in the child support or medical support obligation;

(f) of the right of any party to request a hearing to contest the amount of child support alleged in the notice or to contest the imposition or modification of a medical support order;

(g) that if a party does not timely file a request for a hearing, support, including medical support, will be ordered as declared in the notice or in accordance with the child support guidelines adopted under 40-5-209;

(h) that if a party requests a hearing, the other parties may refuse to participate in the proceedings and that the child support and medical support order will be determined using the information available to the department or provided at the hearing;

(i) that a party's refusal to participate is a consent to entry of a child support and medical support order consistent with the department's determination; and

(j) that the parties are entitled to a fair hearing under 40-5-277.

(2) An order for the production of financial information may be incorporated into the review notice and must include a statement that:

(a) the financial information must be returned no later than the 20th day after the date the order is served;

(b) if the requested information is not returned as required, the department may:

(i) proceed with the review using the information available to the department;

(ii) cease all proceedings for the review;

(iii) initiate contempt proceedings in accordance with 40-5-226; or

(iv) apply to the district court for an order to compel compliance with the order for production of financial information in accordance with 2-4-104; and

(c) any information required by the order must be provided to the department and other parties prior to the review hearing.

(3) If, in the absence of a certified mail return receipt showing the date of service, a person requests a hearing, any financial information ordered produced pursuant to subsection (2) must be provided to the department no later than the 20th day after the person requests the hearing, unless the person requesting the hearing waives that date in writing. A person who waives that date in writing shall provide the financial information by the date provided in subsection (2) or by another date established by order of the department.

(4) If additional discovery is requested by a party, the hearings officer may issue subpoenas ordering other parties to produce information in the party's possession about the obligor and the obligee that may be reasonably necessary for application of the guidelines.

History: En. Sec. 3, Ch. 266, L. 1991; amd. Sec. 10, Ch. 482, L. 1997; amd. Sec. 55, Ch. 552, L. 1997; amd. Sec. 74, Ch. 51, L. 1999; amd. Sec. 10, Ch. 579, L. 1999; amd. Sec. 12, Ch. 352, L. 2001; amd. Sec. 4, Ch. 542, L. 2001; amd. Sec. 7, Ch. 564, L. 2005.