Montana Code Annotated 2023



Part 4. Child Support Enforcement Act Administrative Income Withholding


40-5-403. Definitions. As used in this part, the following definitions apply:

(1) "Alternative arrangement" means a written agreement between the obligor and obligee, and 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) "Employer" includes a payor.

(4) "Financial institution" means:

(a) a depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(c);

(b) an institution-affiliated party, as defined in the Federal Deposit Insurance Act, 12 U.S.C. 1813(u);

(c) any state credit union, as defined in 32-3-102, or federal credit union, as defined in section 101 of the Federal Credit Union Act, 12 U.S.C. 1752, including an institution-affiliated party of a credit union, as defined in section 206(r) of the Federal Credit Union Act, 12 U.S.C. 1786(r); and

(d) any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the state.

(5) (a) "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.

(b) Income does not include:

(i) any amount required by law to be withheld, other than creditor claims, including federal, state, and local taxes, social security, mandatory retirement and disability contributions, and union dues; or

(ii) any amounts exempted from judgment, execution, or attachment by federal or state law.

(6) "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.

(7) "Obligor" means a person who owes a duty to make payments under a support order.

(8) "Payor" means any payor of income to an obligor 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 4(b) of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate Family Support Act contained in part 10 of this chapter.

(9) "Support order" has the meaning provided in 40-5-201.

(10) "Title IV-D agency" or "IV-D agency" means the agency responsible for the provision of services under Title IV-D of the Social Security Act, 42 U.S.C. 651, et seq.

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; amd. Sec. 11, Ch. 482, L. 1997; amd. Sec. 70, Ch. 552, L. 1997; amd. Sec. 12, Ch. 579, L. 1999; amd. Sec. 13, Ch. 352, L. 2001; amd. Sec. 8, Ch. 21, L. 2005; amd. Sec. 3, Ch. 184, L. 2009; amd. Sec. 2, Ch. 131, L. 2019.