Montana Code Annotated 2023



Part 4. Child Support Enforcement Act Administrative Income Withholding

Notice Of Income Withholding

40-5-413. Notice of income withholding. (1) The department shall serve the obligor with a notice if:

(a) income withholding is initiated because of a delinquency;

(b) additional arrearages accrued subsequent to the issuance of an order to withhold and the department proposes to add those arrearages to an existing withholding order; or

(c) immediate withholding or delinquency withholding has commenced for current support and there are arrearages due for a period prior to entry of the order to withhold that the department proposes to add to the withholding order.

(2) The notice must contain a statement:

(a) of the amount subject to withholding, including a computation showing the period and total amount of the arrearages as of the date of the notice;

(b) that withholding applies to all current and subsequent payors;

(c) of the procedures to follow if the obligor desires to contest income withholding on the grounds that the initiation of withholding or the modification of an existing withholding order is improper or that the amount to be withheld is in error due to a mistake of fact, as provided in 40-5-412;

(d) of the period of time within which the obligor is required to file a request for a hearing and that failure to file a request within the time limit will result in income-withholding orders being served upon the payor for the amount stated in the notice; and

(e) in those cases in which withholding is being initiated at the request of an obligee without regard to whether there is a delinquency as provided in 40-5-412(3), a statement that the obligor can require the obligee to appear and show proof that the obligor is not meeting the terms of the alternative arrangement.

(3) The notice must be served upon the obligor personally or by certified mail.

History: En. Sec. 6, Ch. 571, L. 1985; amd. Sec. 10, Ch. 702, L. 1989; amd. Sec. 9, Ch. 635, L. 1991; amd. Sec. 73, Ch. 552, L. 1997; amd. Sec. 75, Ch. 51, L. 1999.