Table of Contents TITLE 40. FAMILY LAW CHAPTER 5. ENFORCEMENT OF SUPPORT Part 1. Uniform Interstate Family Support Act
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40-5-101 40-5-103 40-5-104 40-5-106 40-5-107 40-5-115 40-5-118 40-5-119 40-5-133 40-5-137 40-5-140 40-5-141 40-5-142 40-5-143 40-5-144 40-5-145 40-5-146 40-5-147 40-5-148 1 40-5-149 40-5-150 40-5-151 40-5-152 40-5-153 40-5-154 40-5-157 40-5-158 40-5-159 40-5-160 40-5-161 40-5-162 40-5-163 40-5-164 40-5-165 40-5-166 40-5-170 40-5-171 40-5-172 40-5-173 40-5-174 40-5-175 40-5-176 40-5-177 40-5-178 40-5-179 40-5-180 40-5-181 40-5-183 40-5-184 40-5-185 1 40-5-186 40-5-187 40-5-188 40-5-189 40-5-190 40-5-191 40-5-192 40-5-193 40-5-194 40-5-195 40-5-196 40-5-197

Mont. Code Ann. § 40-5-157

(2013)

Income-withholding orders of another state -- employer compliance -- employer immunity -- penalties for noncompliance

(1) An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's employer under the income-withholding laws of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

(2) (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

(3) Except as provided by subsections (4) and (5), the employer shall withhold the funds and distribute the funds as directed in the income-withholding order by complying with the terms of the order that specify:

(a) the duration and the amount of periodic payments of current child support, stated as a sum certain;

(b) the person or agency designated to receive payments and the address to which the payments are to be forwarded;

(c) medical support, whether in the form of periodic cash payment, stated as a sum certain, or by ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(d) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(e) the amount of periodic payments of arrears and interest on arrears, stated as sums certain.

(4) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(a) the employer's fee for processing an income-withholding order;

(b) the maximum amount permitted to be withheld from the obligor's income; and

(c) the times within which the employer must implement the income-withholding order and forward the child support payment.

(5) An obligor's employer who receives multiple income-withholding orders with respect to the earnings of the obligor satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.

(6) An employer who complies with an income-withholding order issued in another state in accordance with this section is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

(7) An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

(8) (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Choice of law under 40-5-187 applies to the contest.

(b) The obligor shall give notice of the contest to:

(i) a support enforcement agency providing services to the obligee;

(ii) each employer that has directly received an income-withholding order; and

(iii) the person or agency designated to receive payments in the income-withholding order or, if a person or agency is not designated, to the obligee.

Official Annotations archive.org, 2013 edition
History:
En. Sec. 13, Ch. 552, L. 1997
Amd. Sec. 4, Ch. 352, L. 2001 (SB 171 - Glaser, Bill (R) SD 8)
Source text on leg.mt.gov