40-5-417. Modification or termination of withholding orders. (1) The department may at any time modify the order to withhold income to:
(a) reflect payment in full of the arrearages by income withholding or otherwise;
(b) recognize an increase or decrease in the support order; or
(c) indicate any other reason the amount to be withheld is to be reduced or changed.
(2) If an arrearage occurs while the department is collecting an amount of money necessary to pay current installments of support as they become due and payable, the department may adjust the amount of income required to be withheld to also satisfy the arrearage, as provided in this part.
(3) An income-withholding order terminates only when the department is no longer authorized under the law to collect support or, when appropriate, services rendered under 40-5-203 have come to an end or when the obligation to pay support is terminated and all arrearages are paid in full, whichever occurs first.
(4) The payment in full of any arrearage amount may not be the sole basis for termination of withholding as long as there is a support obligation enforceable by the department.
History: En. Sec. 14, Ch. 571, L. 1985; amd. Sec. 14, Ch. 702, L. 1989; amd. Sec. 13, Ch. 635, L. 1991.
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