40-5-424. Civil liability for failure to comply with income-withholding order. (1) A payor who fails to withhold and deliver support money from the obligor's income when ordered to do so under 40-5-415 is liable to the department for any amount up to the accumulated amount the payor should have withheld and delivered.
(2) No payor who complies with an order to withhold under this part is liable for wrongful withholding to the obligor or to any other person claiming rights derived from the obligor.
History: En. Sec. 11, Ch. 571, L. 1985.
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