40-5-272. Application for review of child support orders. (1) Upon the application of the department, the obligor, or the obligee, a support order issued by a district court of this state or by a court or administrative agency of another state, tribe, or foreign country as defined in 40-5-1002 or a previously issued administrative support order of this state may be reviewed by the department to determine whether the support order should be modified in accordance with the guidelines.
(2) Jurisdiction to conduct the review and to issue a modifying order under 40-5-273, 40-5-277, and 40-5-278 is authorized when:
(a) this state has issued the order and the obligor and the obligee reside in this state; or
(b) this state has jurisdiction as provided under the Uniform Interstate Family Support Act.
(3) Jurisdiction to review a child support order under this section does not confer jurisdiction for any other purpose, such as custody or visitation disputes.
(4) Criteria constituting sufficient grounds for review of a child support order include:
(a) a substantial change in circumstances as defined by administrative rules;
(b) the need to provide for the child's health care needs, regardless of the availability of health insurance coverage through employment or other group insurance;
(c) a lapse of 36 months from the date that:
(i) the order was entered;
(ii) an administrative hearing was granted under 40-5-277; or
(iii) an administrative order was issued denying a modification because of the applicant's failure to meet one of the criteria described in this subsection (4); or
(d) a change in custody of the child.
(5) A party may withdraw the party's request for modification prior to the issuance of the notice described in 40-5-273. After the issuance of the notice, if a party withdraws a request for modification, the nonrequesting party may continue the modification action by filing with the department a written request to continue.
(6) The department shall make available procedures and forms that allow the obligor or the obligee to complete the review process without legal counsel.
History: En. Sec. 2, Ch. 266, L. 1991; amd. Sec. 50, Ch. 328, L. 1993; amd. Sec. 3, Ch. 542, L. 2001; amd. Sec. 6, Ch. 564, L. 2005; amd. Sec. 68, Ch. 174, L. 2015; amd. Sec. 1, Ch. 131, L. 2019.
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