Montana Code Annotated
Part 4. Child Support Enforcement Act Administrative Income Withholding
40-5-431. Registration of interstate income-withholding orders

40-5-431. Registration of interstate income-withholding orders. (1) Whenever an obligor, whether or not the obligor resides in this state, derives income within this state and an order for income withholding of the obligor's income has been issued by another IV-D agency as a means to enforce support orders under Title IV-D of the Social Security Act, that agency may register the income-withholding order with the department. Upon registration of the withholding order issued by an entity other than the department, it must be treated in the same manner and have the same effect as an income-withholding order issued by the department. The provisions of 40-5-1059 through 40-5-1062 apply to this section to the extent that they are consistent with this section.
(2) The application for registration of an order issued by an entity other than the department for income withholding must include:
(a) a certified copy of the support order, with all modifications of the order;
(b) a certified copy of the income-withholding order;
(c) a sworn statement of the facts entitling the agency to issue an income-withholding order, including a statement of the amount of arrearages and a statement that all procedural due process requirements of the other jurisdiction for issuance of the income-withholding order have been carried out in full;
(d) the name, address, and social security number of the obligor;
(e) the name and address of the obligor's employer or of any other payor of income to the obligor if the order for income withholding of the other jurisdiction extends to other income; and
(f) the name and address of the agency or person to whom support payments collected by the department under income-withholding procedures should be transmitted.
(3) When the income-withholding order issued by an entity other than the department is registered, the department shall serve the order upon the payor, with directions to the payor to comply with the order and to deliver the withheld amounts to the department. Registration of an income-withholding order issued by an entity other than the department under this section does not confer jurisdiction for any other purpose, such as modification of the support order, custody, or visitation.
History: En. Sec. 16, Ch. 571, L. 1985; amd. Sec. 51, Ch. 328, L. 1993; amd. Sec. 9, Ch. 21, L. 2005.

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