Montana Code Annotated
Part 2. Support, Custody, Visitation, and Related Provisions
40-4-209. Security or guaranty to secure support

40-4-209. Security or guaranty to secure support. (1) Upon a verified application that is made by a person authorized to enforce or collect a child support obligation or by the department of public health and human services and that shows that a person obligated to pay child support or maintenance pursuant to court or administrative order is delinquent in an amount equal to the total of 6 months' support payments, the court may direct the obligated person to appear and show cause why an order should not be entered ordering that the obligated person post bond, give a mortgage, or provide other security or guaranty for the payment of the delinquency.
(2) If the court finds that a delinquency greater than the total of 6 months of support is owed and that the obligated person has the ability to post bond, give a mortgage, or provide security or other guaranty, the court may enter an order requiring the obligated person to post bond, give a mortgage, or provide security or guaranty for so long as there is a support delinquency.
(3) The bond or other security may be in an amount up to the total support due for a 2-year period and must be approved by the court. The bond must include the name and address of the issuer. Any person issuing a bond under this section must, if the bond is canceled, notify the court and the person or public agency entitled to receive payments under the support order.
(4) If the person obligated to pay child support or maintenance fails to make payments as required by the court or administrative order, the person or public agency entitled to receive payment may recover on the bond or other security. The amount recovered on the bond or other security must first be applied toward satisfaction of any support arrearages.
(5) The department of public health and human services shall adopt guidelines that take into account the payment record of the obligated person, the availability of other remedies, and other considerations which it determines relevant for determining whether the procedure provided in this section would carry out the purpose of enforcing payments of child support or would be appropriate in the circumstances. If after application of the guidelines the department of public health and human services determines an application for an order requiring security is not appropriate, it may not request the order.
History: En. Sec. 1, Ch. 521, L. 1985; amd. Sec. 98, Ch. 370, L. 1987; amd. Sec. 26, Ch. 609, L. 1987; amd. Sec. 20, Ch. 702, L. 1989; amd. Sec. 121, Ch. 546, L. 1995.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 4. Termination of Marriage, Child Custody, Support

Part 2. Support, Custody, Visitation, and Related Provisions

40-4-201. Separation agreement

40-4-202. Division of property

40-4-203. Maintenance

40-4-204. Child support -- orders to address health insurance -- withholding of child support

40-4-205. Guardian ad litem

40-4-206. Payment of maintenance or support to court -- handling fee of clerk

40-4-207. Assignments

40-4-208. Modification and termination of provisions for maintenance, support, and property disposition

40-4-209. Security or guaranty to secure support

40-4-210. Child support jurisdiction -- nonresident individual

40-4-211. Jurisdiction -- commencement of parenting proceedings

40-4-212. Best interest of child

40-4-213. Interim parenting plan

40-4-214. Interviews

40-4-215. Investigations and reports

40-4-216. Hearings

40-4-217. Notice of intent to move

40-4-218. Judicial supervision

40-4-219. Amendment of parenting plan -- mediation

40-4-220. Affidavit practice

40-4-221. Determination of child's care upon death of parent

40-4-222. Repealed

40-4-223. Repealed

40-4-224. Repealed

40-4-225. Access to records by parent

40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children

40-4-227. Rights of parents and children -- policy -- findings

40-4-228. Parenting and visitation matters between natural parent and third party

40-4-229. through 40-4-232 reserved

40-4-233. Final parenting plan -- purpose and objectives

40-4-234. Final parenting plan criteria

40-4-235. through 40-4-250 reserved

40-4-251. Definitions

40-4-252. Preliminary declaration of disclosure -- penalty

40-4-253. Final declaration of disclosure -- failure to disclose current income and expense declaration -- penalty

40-4-254. Execution and service of final declaration of disclosure and current income and expense declaration

40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies

40-4-256. Liquidation -- transfer of marital estate assets to avoid encumbrance, devaluation, or market or investment risk -- authority of court

40-4-257. Default judgments -- disclosures

40-4-258. Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure