40-5-306. Discharge of delinquency. (1) In a case in which only arrears are owed, if the obligor pays the total amount of child support in arrears within 15 days after service of the notice specified in 40-5-305, an order for deduction may not issue. This discharge of delinquency does not affect or otherwise limit any action as a result of any subsequent delinquencies.
(2) If there is a current support obligation, payment of arrears after service of the notice required under 40-5-305 or after service of the income-deduction order on the payor does not prevent the issuance or continuance of an income-deduction order for the payment of current support.
History: En. Sec. 6, Ch. 171, L. 1981; amd. Sec. 61, Ch. 552, L. 1997.
Structure Montana Code Annotated
Chapter 5. Enforcement of Support
Part 3. Child Support Income Deduction
40-5-302. Purpose -- applicability
40-5-303. Petition for income deduction -- who may initiate
40-5-304. When child support payments considered delinquent
40-5-306. Discharge of delinquency
40-5-307. Delinquency of child support denied -- hearing
40-5-308. Order for deduction from income for child support payments
40-5-309. Amount to be deducted from income
40-5-310. Priority of income deduction
40-5-311. Remedy not exclusive
40-5-313. Obligor rights protected -- penalties
40-5-314. Civil liability for failure to comply with wage deduction order