Montana Code Annotated
Part 2. Administrative Enforcement of Support
40-5-263. Central clearinghouse -- enforcement services -- powers and duties of the department

40-5-263. Central clearinghouse -- enforcement services -- powers and duties of the department. (1) The department shall establish a clearinghouse for the registration of all IV-D cases referred to the department. The clearinghouse shall serve as the central point for the receipt and dissemination of information regarding IV-D enforcement requests, including but not limited to:
(a) petitions under the Revised Uniform Reciprocal Enforcement of Support Act, Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act; and
(b) wage withholding requests under part 4 of this chapter.
(2) (a) A case must be referred to the clearinghouse to be processed as a IV-D case and receive the benefits of IV-D status and clearinghouse services.
(b) The clearinghouse may accept any IV-D referral made by application or by petition under the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act. An application must be made on forms prescribed by the department.
(3) Upon certification by the initiating agency in another state, an Indian tribe, or a country that a case filed in the registry of foreign support orders, including a petition under the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, or the Uniform Interstate Family Support Act, is eligible for IV-D services and that the obligor resides, has property, or derives income in this state, the department may:
(a) proceed under Title 40, chapter 5, part 10; or
(b) pursue any other remedy available to it to establish or enforce a support order.
(4) If necessary, the department shall establish the paternity of the child.
(5) The clearinghouse shall:
(a) review and acknowledge receipt of any IV-D referral;
(b) request missing information from the initiating agency in another state, an Indian tribe, or a country;
(c) determine appropriate enforcement remedies and forward the referral to the appropriate enforcement unit;
(d) provide status updates to the initiating agency in another state, an Indian tribe, or a country, including the location of the responsible enforcement unit;
(e) locate an obligor and the obligor's assets, if necessary; and
(f) initiate a IV-D referral if services are provided by the department and the obligor or the obligor's income or assets reside outside the state.
(6) If the department is providing support enforcement services, the director or the director's designee may certify any petition, application, and referral, including a petition under part 10 of this chapter.
(7) A lien created by operation of law or issued by order of a court or another IV-D entity to enforce a support order may, at the request of the other IV-D agency, be registered with the department. Upon registration, the lien applies to any of the obligor's real and personal property located in this state with the same force and effect as a lien established under 40-5-248. At the request of the other IV-D agency, a registered lien may be enforced by the department using any remedy available to enforce a support lien under 40-5-248.
History: En. Sec. 2, Ch. 287, L. 1989; amd. Sec. 56, Ch. 328, L. 1993; amd. Sec. 52, Ch. 552, L. 1997; amd. Sec. 6, Ch. 21, L. 2005.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 5. Enforcement of Support

Part 2. Administrative Enforcement of Support

40-5-201. Definitions

40-5-202. Department of public health and human services -- powers and duties regarding collection of support debt

40-5-203. Child support enforcement services

40-5-204. Cooperation by obligee

40-5-205. Payment of support money collected to department -- notice

40-5-206. Central unit for information and administration -- cooperation enjoined -- availability of records

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

40-5-211. Repealed

40-5-212. Repealed

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

40-5-223. Repealed

40-5-224. Finding of support liability based upon payment of public assistance -- support lien -- bond to release warrant -- action to collect

40-5-225. Notice of financial responsibility -- temporary and final support obligations -- administrative procedure

40-5-226. Administrative hearing -- nature -- place -- time -- determinations -- failure to appear -- entry of final decision and order

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

40-5-233. Establishment of paternity -- administrative hearing -- subpoena -- compulsory paternity genetic testing

40-5-234. Paternity genetic tests -- use of expert's affidavit -- effect of test results -- records -- presumption

40-5-235. Effect of order establishing paternity -- birth records -- relief from order

40-5-236. Referral of paternity issue to district court -- record -- parties -- exclusion of other matters -- fees

40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence

40-5-238. Confidentiality of paternity hearings and records of proceedings

40-5-239. and 40-5-240 reserved

40-5-241. Repealed

40-5-242. Notice of support lien -- civil liability upon failure to honor support lien or to comply with warrant for distraint

40-5-243. Release of excess to obligor

40-5-244. Repealed

40-5-245. Repealed

40-5-246. Repealed

40-5-247. Warrant for distraint -- effect -- satisfaction of support lien -- redemption

40-5-248. Lien against real and personal property -- effect of lien -- interest -- warrant for distraint

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

40-5-262. Rules

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

40-5-274. Renumbered 40-5-290

40-5-275. Renumbered 40-5-291

40-5-276. Repealed

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

40-5-290. Child support payments to follow child

40-5-291. Order to seek employment