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
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
40-4-204. Child support -- orders to address health insurance -- withholding of child support
40-4-206. Payment of maintenance or support to court -- handling fee of clerk
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
40-4-215. Investigations and reports
40-4-217. Notice of intent to move
40-4-218. Judicial supervision
40-4-219. Amendment of parenting plan -- mediation
40-4-221. Determination of child's care upon death of parent
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
40-4-252. Preliminary declaration of disclosure -- penalty
40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies