Montana Code Annotated
Part 2. Administrative Enforcement of Support
40-5-278. Limited review of support order

40-5-278. Limited review of support order. A party may apply for a limited review to address a specific change that occurred after a support order was entered, that is not caused by an increase or decrease in a party's annual net income, and that may have other effects on the existing support order. It is presumed that all other facts relative to the existing support order, including income and deductions from income, remain unchanged. Information gathered is limited to that which is necessary to verify the change, the value of the change, and the expected duration of the change. The department's recommendation must be limited to whether the value of the change should be added to or subtracted from the amount of the existing support order. If a more detailed modification is required in a case presented for limited review, the case becomes subject to the requirements of 40-5-277. The circumstances in which a limited review process is available are confined to cases in which:
(1) there is a change in parenting time or residence of a child and a modified support order has not been entered as a result of the change;
(2) a child's need for day-care services has increased or decreased and the increase or decrease is expected to continue for at least 18 months;
(3) a child has developed special needs that did not exist when the existing support order was issued and the needs are expected to continue for at least 18 months or a special need considered in the support order no longer exists;
(4) the cost of health insurance coverage for a child provided by a parent has increased or decreased by 25% of the support order and the increase or decrease is expected to continue for at least 18 months;
(5) there has been the birth of another child to the parties and the child's needs are to be added to the existing support order; or
(6) a child has reached the age of majority, become emancipated, married, entered military service, or died.
History: En. Sec. 7, Ch. 542, L. 2001.

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