40-5-221. Debt to state by obligor -- limitations. (1) Except as provided in subsection (2), any payment of public assistance money made to or for the benefit of a child creates a debt due and owing the state of Montana by the obligor in an amount equal to the amount of public assistance money paid. In the case of an obligor who is an adoptive parent, a debt for public assistance paid may not accrue prior to the date of adoption.
(2) If a support order has been entered, the support debt created by this section may not exceed the amount of the order.
(3) If a child has been placed in foster care and a written agreement for payment of support exists between the obligor and any state agency, the support debt is limited to the amount provided for in the agreement. However, if a support order is or has been entered, the provisions of the order prevail over the agreement.
(4) The department shall adopt rules based on ability to pay, with respect to the level of support to be provided for in the agreements or modifications of the agreements based on changed circumstances.
(5) The department may establish and collect a debt created under this section in a proceeding that is in addition to and independent of the subrogation created by 40-5-202 and the assignment under 53-2-613.
History: En. Sec. 11, Ch. 612, L. 1979; amd. Sec. 10, Ch. 549, L. 1989; amd. Sec. 4, Ch. 264, L. 1995.
Structure Montana Code Annotated
Chapter 5. Enforcement of Support
Part 2. Administrative Enforcement of Support
40-5-203. Child support enforcement services
40-5-204. Cooperation by obligee
40-5-205. Payment of support money collected to department -- notice
40-5-207. Department authorized to enforce maintenance awards
40-5-208. Medical support -- obligation enforcement
40-5-209. Child support guidelines -- periodic review
40-5-210. Standardized fee schedule -- rules
40-5-213. Financial statements by obligor -- penalty
40-5-214. Scale of suggested minimum contributions
40-5-215. through 40-5-220 reserved
40-5-221. Debt to state by obligor -- limitations
40-5-222. Support debt based upon support order -- notice -- contents -- action to collect
40-5-227. Filing and docketing of final orders -- orders effective as district court decrees
40-5-228. through 40-5-230 reserved
40-5-231. Jurisdiction and venue
40-5-232. Establishment of paternity -- notice of parental responsibility -- contents
40-5-235. Effect of order establishing paternity -- birth records -- relief from order
40-5-238. Confidentiality of paternity hearings and records of proceedings
40-5-239. and 40-5-240 reserved
40-5-243. Release of excess to obligor
40-5-247. Warrant for distraint -- effect -- satisfaction of support lien -- redemption
40-5-249. and 40-5-250 reserved
40-5-251. Debt payment schedule
40-5-252. Interest on debts due -- waiver
40-5-253. Administrative findings and order -- administrative remedies -- judicial review
40-5-254. Statutory limitations
40-5-255. Charging off child support debts as uncollectible -- sale of support debts
40-5-256. Employee debtor rights protected -- limitation
40-5-257. Assignment of earnings to be honored -- effect
40-5-258. through 40-5-260 reserved
40-5-261. Procedures for making information available to consumer reporting agencies
40-5-263. Central clearinghouse -- enforcement services -- powers and duties of the department
40-5-264. Cooperative agreements
40-5-265. through 40-5-270 reserved
40-5-271. Registration of support orders
40-5-272. Application for review of child support orders
40-5-273. Notice of review of child support orders -- order for production of information
40-5-277. Administrative review hearing -- final order -- court approval of order
40-5-278. Limited review of support order
40-5-279. through 40-5-289 reserved