Montana § 40-5-1047 Employer Compliance With Income-Withholding Orders Of Another State

Montana Statutes

§ 40-5-1047 — Employer Compliance With Income-Withholding Orders Of Another State

Montana·Title 40 FAMILY LAW·Ch. 5 ENFORCEMENT OF SUPPORT·Part 10 Uniform Interstate Family Support Act

40-5-1047 . Employer compliance with income-withholding orders of another state.

(1)(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(b)The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

(2)Except as otherwise provided in 40-5-1048 and subsection (3) of this section, the employer shall withhold and distribute the funds as directed in the income-withholding order by complying with the terms of the order that specify:

(a)the duration and amount of periodic payments of current child support, stated as a sum certain;

(b)the person designated to receive payments and the address to which the paym

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40-5-1047 . Employer compliance with income-withholding orders of another state. (1) (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.
(2) Except as otherwise provided in 40-5-1048 and subsection (3) of this section, the employer shall withhold and distribute the funds as directed in the income-withholding order by complying with the terms of the order that specify:
(a) the duration and amount of periodic payments of current child support, stated as a sum certain;
(b) the person designated to receive payments and the address to which the payments are to be forwarded;
(c) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(d) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(e) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(3) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(a) the employer's fee for processing an income-withholding order;
(b) the maximum amount permitted to be withheld from the obligor's income; and
(c) the times within which the employer must implement the income-withholding order and forward the child support payment.

Montana § 40-5-1047 (Employer Compliance With Income-Withholding Orders Of Another State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 13, Ch. 552, L. 1997; amd. Sec. 4, Ch. 352, L. 2001; amd. Sec. 32, Ch. 174, L. 2015; Sec. 40-5-157 (2) through (4), MCA 2013; redes. 40-5-1047 by Sec. 71, Ch. 174, L. 2015.