Montana State Law
A. General/Program-At-A-Glance
B. UIFSA
C. Reciprocity
C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.) |
Canadian provinces and all countries with which the U.S. has agreements. |
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
C1.2. If yes, please explain. |
N/A |
C2. Has your state established reciprocity with any Native American tribal courts? |
No |
C2.1. If yes, list the tribes and identify services provided, if less than full services. |
No reciprocity. However there are currently four MT tribes with Title IV-D child support programs: Blackfeet Nation, Chippewa Cree Tribe, Confederated Tribe of Salish and Kootenai, Fort Belknap Indian Community |
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? ** |
Yes |
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) ** |
D. Age of Majority
E. Statute of Limitations
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
J. Support Enforcement
J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both). |
J1.1. Are your state income tax refund procedures judicial, administrative, or both? |
Administrative |
J2. Is the lien process in your state judicial, administrative, or both? |
Administrative procedure |
J2.1. What are the trigger criteria for filing a lien? |
Delinquency greater than $150 Debt unenforceable by income with-holding Value of property exceeds value of any exemptions, service of process and execution, and amount of any superior liens.
For Additional Information - No Link Provided |
J2.2. Where are your state liens filed? |
Real Property-County Clerk of District Court where property located Under Montana District Court are 21 Districts, 56 Counties. Personal Property-State Office of Secretary of State, SOS, (non-licensed, non-Titled PP) MV-State Department of Justice Motor Vehicle Division |
J2.3. Does your state charge a fee for filing a lien? |
Yes |
J2.4. If yes, please indicate the amount. |
Motor vehicle liens: $8 for autos, motorcycles, RVs, for boats, snowmobiles, off-road vehicles. Secretary of State UCC liens: $7.00 |
J.3. Does your state enforce property seizure and sale? |
Yes |
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Both |
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both? |
Both |
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support? |
No notice required. However, the IV-D agency includes a warning notice about available enforcement remedies in the monthly statement sent to obligors not paying under income withholding. Also, in notices initiating specific enforcement action, the IV-D agency lists additional enforcement actions that can be taken, including seizure & sale. |
J4.2. Does your state's income withholding definition include amounts in financial institutions? |
yes
For Additional Information - ![]() |
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent? |
No |
J4.3.1 If yes, who notifies the NCP, the state or the financial institution? |
N/A |
J5. What are the time frames if a new notice of intent to freeze and seize must be sent? |
N/A |
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state? |
$150 minimum delinquency. No specified number of months delinquent. Medical benefits used solely to pay for medical care and trusts accounts that do not belong to the obligor are exempted. |
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure? |
$150 minimum delinquency. No specified number of months delinquent. Medical benefits used solely to pay for medical care and trusts accounts that do not belong to the obligor are exempted.
For Additional Information - No Link Provided |
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize? |
None |
J5.3.1. If yes, please provide the time frame. |
N/A |
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize? |
Yes |
J5.4.1. If yes, provide the percentage. |
Limited exemptions are provided for MCA 25-13-608,609,614 |
J5.4.2. Is the percentage different for joint accounts? |
No |
J5.4.3. If yes, describe. |
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount. |
No |
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution? |
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action? |
Ten working days from the date the warrant/notice is mailed to request a hearing.
For Additional Information - No Link Provided |
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action? |
N/A |
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action? |
The action may be challenged to determine whether the property seized is exempted from execution, the validity of the judgment; and whether payments have been made since the last adjudication of the judgment.
For Additional Information - No Link Provided |
J5.10. Is your state's complaint review process judicial, administrative, or both? |
Judicial for property seized by Writ of Execution. Administrative for property seized by warrant for distraint. The district court or child support agency must hold the hearing within ten days of receiving request. The district court hearing is limited to whether the property is exempt. |
J5.11. What are your state's penalties for incorrect seizures? |
No specified dollar amount. Obligor may initiate an action against the agency in district court to recover damages. |
J5.12. Is the second challenge administrative, judicial, or both? |
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
10 days from date of service. Petition for review of administrative hearing decision must be filed w/the court within 30 days. The total amount of a joint account is subject to execution to satisfy a judgment. Non-debtor can request IV-D agency refund non-commingled amounts; if not satisfied, can initiate action is district court |
J5.14. Is the freeze and seize operation in your state centralized or automated? |
Automated but not centralized. |
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile? |
By law, if the property holder is the obligor's employer, the writ of execution or warrant for distraint must be accompanied by a description of the statutory exemption for net earnings. CSED policy extends the requirement to cover all property holders - including financial institutions-on whom a writ of execution or warrant for distraint is served. |
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)? |
No |
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets. |
N/A
For Additional Information - No Link Provided |
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period? |
Yes
For Additional Information - No Link Provided |
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency? |
Dependent upon type of seizure instrument. Warrant for distraint: The sheriff or levying officer shall return the warrant along with any funds collected within 120 days of receipt of the warrant. MCA40-5-247
Writ of execution: The execution my be returnable not less than 10 or more than 120 days after receipt of the recovery by the sheriff or levying officer following imposition of the levy. MCA25-13-404
For Additional Information - No Link Provided |
J6. Does your state withhold state funds or benefits? |
Yes |
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both? |
Workers' compensation - Yes, administrative and judicial; Unemployment Compensation - Yes, administrative procedure Other state funds - Yes, administrative procedure. |
J7. Describe any other administrative enforcement procedures your state may have. |
Suspension of Licenses: Drivers, Professional, Recreational |
J8. Describe any other judicial enforcement procedures your state may have. |
Civil contempt and criminal nonsupport although the IV-D agency has no criminal prosecutorial power. A criminal nonsupport action must be initiated by county prosecutor. |
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
The other state must file the lien with the appropriate office, depending upon the type of property, in the appropriate county or state office.
For Additional Information - No Link Provided |
J10. Which of your state's enforcement remedies are available without judicial actions? |
Everything except modification process of a Montana District Court support order. |
J11. Describe your state's procedures for registering and enforcing another state's order. |
Consistent with UIFSA statutes MCA 40-5-1055-1062. |
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order. |
None |
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
J13.1. If yes, provide the statutory citation. |
MCA 25-9-501 et seq.
For Additional Information - ![]() |
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
The obligor owes a support debt equal to or greater than seven months support obligation, or is an arrears only case. |
J15. To which credit bureaus does your state report an obligor's child support information? |
Equifax, TransUnion, and Innovis |
J16. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative |
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI. |
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc. |
Financial or cash assets that can be seized in a one-time enforcement action. State must specify the type of operation required: seize-only or locate-and-seize. For locate-and-seize requests Montana will pursue only accounts identified by FIDM interface. |
J19. What documentation does your state require to proceed with an AEI request? |
1) Separate request for each case with the same obligor; 2) Certification that the obligor and SSN are correctly identified; 3) Certified copy of the support order; 4) Certification that all due process requirements of the requesting state have been met; 5) Certification that the amount of the arrears is correct; 6) Debt computation worksheet; 7) Amount of the certified arrears; 8) payment address and FIPS code For seize-only requests: asset specifications (type, location, amount, payor or holder) For cases with non-Montana support orders, upon CSED request: an exemplified copy of the support order. An exemplified copy is proof of the signature of the judge for the court that entered the order. This allows the CSED to pursue enforcement of the foreign judgment through a Montana district court. |
J20. What mandatory data elements does your state need to process AEI requests? |
Requesting state's case number, obligor's: name, address, social security number, date of birth, and amount of the monthly support obligation.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm |
J21. Which additional data elements would aid your state in processing AEI requests? |
Obligor's aliases, if any, date of the last payment, names of obligee and children |
J22. How many copies/sets of documents does your state require with an AEI request? |
One copy of each document, but a separate request for each case with the same obligor |
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM? |
Debt exceeding $500 or three months support, whichever is less. Asset must in the form of cash, collectible by one-time enforcement (vs. ongoing), and seizable immediately or within a reasonable time, with a date of availability provided; holder must have an office, agent, or other physical location in Montana. For seize-only requests: asset conditions. |
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states? |
No |
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required. |
The Montana CSED will honor a request for a lien and seizure from another IV-D agency upon the receipt of a proper transmittal, either a Transmittal #1 with a request for a lien and seizure of specific property or a Transmittal #3 but with the additional demographic information about the parties contained in the Transmittal #1. In addition, we need a certified copy of the support order(s) and a certified debt history and sufficient documentation to reduce the debt to judgment if that has not been previously done. |
J25. What is the procedure for obtaining a certified copy of a court order? |
It is necessary to contact a Montana Clerk of Court in order to obtain a certified copy of a court order. |
J26. What is the procedure for obtaining a certified payment record? |
Contact the Montana CSED caseworker to obtain a certified payment record. |
J27. Is there a cost for requesting a certified copy of a court order or payment record? |
The cost of a certified court order varies. There is no charge for a certified payment record. |
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption? |
The MT CSED may initiate license suspension proceedings in cases where the obligor owes a support debt equal to or greater than six months support obligation. License suspension proceedings are initiated through entry into a payment plan or issuance of a Notice of Intent to Suspend License (NOISL). Resolution of the NOISL consists of two parts--a 60-d-day response period that begins with service of the notice and the 30 days following the response period in which the NOISL must be resolved. A NOISL must be resolved within this 90-day period, and is considered lapsed if unresolved after that time. Once a NOISL has lapsed, a new NOISL must be issued. License suspension is not used as an enforcement tool against an obligor who has been granted a financial hardship(the arrears payments of a case are temporarily reduced), as long as the agreed-to payment amount is honored.. |
J29. What triggers a driver's license revocation? |
The obligor enters into an approved payment plan, the MT CSED issues an order dismissing the Notice of Intent to Suspend License (rare), the obligor pays the support debt in full. |
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license? |
Yes |
J29.2 If yes, what is the amount? |
A support debt equal to or greater than six months' support obligation or the obligor defaults on a license suspension payment plan. |
J30. Under what conditions may a noncustodial party restore the driver's license? |
The obligor enters into an approved payment plan, the MT CSED issues an order dismissing the Notice of Intent to Suspsend License (rare), the obligor pays the support debt in full. |
J30.1 What is the process for restoring a driver's license? |
The MT CSED issues a Motion and Order for License Suspension Action to stay or to lift the suspension based on facts of the case, such as a payment plan agreement or payment of the arrears amount in full. |
J31. Does your state allow temporary or conditional driver's licenses? |
No |
J31.1 If yes, what are the conditions? |
At the discretion of the CSED caseworker a temporary stay of the suspension is possible to facilitate the collection of support debt. Examples: A truck driver stopped en route in another state held for a suspended license, or a specialist in a geographically remote area where a replacement is not immediately available. |
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement. |
N/A |
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
Yes |
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset? |
Yes |
J33.2 What is the dollar amount? |
An obligor's assigned arrears are submitted for offset if the total assigned arrears over all cases are $150 or more. Likewise, unassigned arrears are submitted if the total for all cases reaches $500. |
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match? |
Yes |
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
No |
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
No |
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset? |
N/A |
J36.2 What is the dollar amount? |
N/A |
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match? |
No |
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
N/A |
J38.2 What is the dollar amount? |
N/A |
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial? |
No |
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP? |
No |
K. Modification and Review/Adjustment
L. Payments
L1. Does your state define a lump sum payment? |
No |
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.). |
N/A |
L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
L2. Does your state law require employers to report lump sum payments? |
No |
L2.1 If yes, give the statutory citation or rule. |
N/A
For Additional Information - No Link Provided |
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)? |
No |
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
N/A |
L4. How are employers instructed to report a pending lump sum? |
N/A |
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum? |
N/A |
L6. Does your state use the income-withholding order to attach the lump sum payment? |
No |
L7. Does your state use the lien/levy process to attach lump sum payments? |
No |
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments? |
N/A |
L8. What other documents does your state use to attach lump sum payments? |
Warrant for Distraint or Writ of Execution |
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit? |
No |
L9.1. If yes, what are those limits? |
Montana does not require the CCPA limitations, unless a portion of the payment is attributable to wages. |
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment? |
No
For Additional Information - No Link Provided |
L9.3. If yes, what are those limits? |
N/A |
L9.4. If no, what percentage is the employer required to withhold? |
Not less than 25% of the obligor's disposable earnings MCA 40-5-309. |
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply? |
Yes |
L10.1 If yes, would the employer only withhold for that period's obligation? |
The direct deposit program is managed by the MT CSED. |
L11. Does your state have a direct deposit program? |
Yes |
L11.1 If so, specify the vendor. |
No vendor |
L12. Does your state have a debit card program? |
Yes |
L12.1 If so, specify the vendor. |
U.S. Bank ReliaCard |
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)? |
The debit card is for child support only. |
L13.1 If so, are there fees involved? |
Yes |
L14. What are the fees associated with using the card? |
Fees associated with the card depend upon the ATM used. A standard replacement card is free; however if the replacement card is expedited the cost is $15. After 365 days of inactivity there is a $2 per month inactivity fee. |
L15. How does your state collect child support payments from an obligor? ** |
Collection is done here, in Montana. |
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? ** |
On a case by case basis. We use direct deposit and/or try to use our debit card vendor. |
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? ** |
Use of direct deposit and vendor debit card program. |
L18. Does your state process electronic payments in international cases? ** |
Yes |
L18.1 If so, describe the process. ** |
We process electronic payment in international cases, but only to bank accounts in the U.S. Otherwise paper warrants are sent. |
L19. What is your state's International Bank Account Number (IBAN)? ** |
N/A |
M. Insurance Match
N. Case Closure
N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15) |
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case? |
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17) |
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18) |