40-5-432. Application for withholding. - Montana Statutes

     40-5-432. Application for withholding. (1) Whenever an obligor resides in this state and derives income within this state and a support order issued in another jurisdiction is being enforced by a public agency of that jurisdiction pursuant to Title IV-D of the Social Security Act, that agency may apply to the department for income-withholding services.
     (2) The application for income withholding must include:
     (a) a certified copy of the support order, with all modifications of the support order;
     (b) an affidavit by the obligee containing a statement that the obligor is delinquent in the payment of support in an amount equal to at least 1 month's support payment and a computation of the period and total amount of the arrearage as of the date of the application;
     (c) a certified copy of the payment record if the records are maintained by the agency or any other agency within that jurisdiction;
     (d) the name, address, and social security number of the obligor;
     (e) the name and address of all known payors within this state; and
     (f) the name and address of the agency or person to whom support payments collected by the department under income-withholding procedures should be sent.
     (3) Upon receipt of the application, the department shall begin procedures to establish orders for income withholding, including notice and opportunity for hearing under this part. The department shall further advise the obligor that the income withholding was requested on the basis of an application from another jurisdiction.
     (4) In any hearing based on an application under this section, the certified copy of the support order and affidavit, without further proof or foundation, constitutes prima facie evidence that the support order is valid and that the obligee or public agency is entitled to an order of income withholding and that the amount of current support payments and arrearages are as stated.
     (5) In accordance with 40-5-414, a final decision on whether or not income withholding is appropriate must be rendered within 45 days of service of notice on the obligor. If, however, because of the interjurisdictional aspects of the case, the hearing examiner is unable to resolve a dispute over the amount of arrearages within the time limit and the hearing examiner has found that the obligor is delinquent in an amount equal to at least 1 month's support payment, the hearing examiner shall authorize immediate service of the order for withholding as to current support and may continue the hearing on the disputed amounts beyond the 45-day limit.

     History: En. Sec. 17, Ch. 571, L. 1985; amd. Sec. 10, Ch. 21, L. 2005.