40-5-308. Order for deduction from income for child support payments. (1) The court may authorize the requesting party to continue an immediate income-deduction order issued because of a delinquency, may modify an existing deduction order, or may authorize issuance of an income-deduction order if:
(a) the obligor fails to timely respond to the notice provided under 40-5-305;
(b) the obligor fails to appear at a scheduled hearing;
(c) the court determines that the obligor is delinquent in the payment of support; or
(d) the court determines there are new or additional delinquencies to be added to an existing deduction order.
(2) The order must state:
(a) the action involved;
(b) the total amount of back child support due and the amount of each court-ordered installment of child support;
(c) the amount to be deducted from the obligor's income and the amount, if any, allowed to the payor under 40-5-309(2) as a fee for handling the deduction;
(d) the length of time the order is to remain in effect, if ascertainable; and
(e) the name and address of the person or entity to whom the deduction is to be paid by the payor.
History: En. Sec. 8, Ch. 171, L. 1981; amd. Sec. 4, Ch. 276, L. 1995; amd. Sec. 63, 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