40-5-416. Determination of amount of income to be withheld. (1) (a) Subject to the limitations provided in subsection (2), the amount of funds to be withheld each month from the obligor's income must be the amount of money necessary to pay current installments of support as they become due and payable.
(b) If income is being withheld to satisfy an arrearage, the amount of funds to be withheld must include the greater of:
(i) the amount of money that, when deducted in equal amounts each month, will pay all outstanding support arrearages and interest, if any, within 2 years; or
(ii) 25% of the obligor's income.
(c) If income is being withheld under this part, the department may allow a fee not to exceed $5 each month, which may be withheld by the payor as compensation for the administrative costs of each withholding.
(d) If a support order subject to income withholding is expressed in terms of a monthly obligation, the order may be annualized and withheld on a weekly or biweekly basis, corresponding to the obligor's regular pay period. If withholding is annualized, when deducted in equal amounts, the amount withheld each pay period must be sufficient to pay all installments due in a 12-month period under the order to withhold.
(2) The maximum amounts withheld from the obligor's wages or salaries, including fees, may not exceed the maximum amount permitted under section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. 1673(b), as amended.
(3) At any time, if the obligor can show that substantial hardship will result if the maximum permissible withholding is implemented or continued, the department for cause shown may in its discretion determine a lesser amount to be withheld each month in satisfaction of support arrearages.
History: En. Sec. 9, Ch. 571, L. 1985; amd. Sec. 13, Ch. 702, L. 1989; amd. Sec. 12, Ch. 635, L. 1991; amd. Sec. 13, Ch. 60, L. 1995.
Structure Montana Code Annotated
Chapter 5. Enforcement of Support
Part 4. Child Support Enforcement Act Administrative Income Withholding
40-5-402. Purpose -- applicability
40-5-404. Other remedies available
40-5-405. Rulemaking authority
40-5-406. through 40-5-410 reserved
40-5-411. Immediate income withholding
40-5-412. Delinquency income withholding
40-5-413. Notice of income withholding
40-5-415. Order to withhold income -- rules
40-5-416. Determination of amount of income to be withheld
40-5-417. Modification or termination of withholding orders
40-5-419. Alternative method of payment in lieu of income withholding
40-5-422. Obligor rights protected -- penalties
40-5-423. Priority of income withholding
40-5-424. Civil liability for failure to comply with income-withholding order
40-5-426. through 40-5-430 reserved
40-5-431. Registration of interstate income-withholding orders
40-5-432. Application for withholding
40-5-433. Additional duties of department in income withholding
40-5-434. Initiation of income withholding in other jurisdictions
40-5-435. through 40-5-439 reserved
40-5-443. Payors to provide information -- exemption from liability