§ 40-5-263 — Central Clearinghouse -- Enforcement Services -- Powers And Duties Of The Department

Montana § 40-5-263

• Jurisdiction: Montana
• Title 40: FAMILY LAW
• Ch. 5: ENFORCEMENT OF SUPPORT
• Part 2: Administrative Enforcement of Support

Text

40-5-263 . Central clearinghouse -- enforcement services -- powers and duties of the department. (1) The department shall establish a clearinghouse for the registration of all IV-D cases referred to the department. The clearinghouse shall serve as the central point for the receipt and dissemination of information regarding IV-D enforcement requests, including but not limited to:
(a) petitions under the Revised Uniform Reciprocal Enforcement of Support Act, Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act; and
(b) wage withholding requests under part 4 of this chapter.
(2) (a) A case must be referred to the clearinghouse to be processed as a IV-D case and receive the benefits of IV-D status and clearinghouse services.
(b) The clearinghouse may accept any IV-D referral made by application or by petition under the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act. An application must be made on forms prescribed by the department.
(3) Upon certification by the initiating agency in another state, an Indian tribe, or a country that a case filed in the registry of foreign support orders, including a petition under the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, or the Uniform Interstate Family Support Act, is eligible for IV-D services and that the obligor resides, has property, or derives income in this state, the department may:
(a) proceed under Title 40, chapter 5, part 10; or
(b) pursue any other remedy available to it to establish or enforce a support order.
(4) If necessary, the department shall establish the paternity of the child.
(5) The clearinghouse shall:
(a) review and acknowledge receipt of any IV-D referral;
(b) request missing information from the initiating agency in another state, an Indian tribe, or a country;
(c) determine appropriate enforcement remedies and forward the referral to the appropriate enforcement unit;
(d) provide status updates to the initiating agency in another state, an Indian tribe, or a country, including the location of the responsible enforcement unit;
(e) locate an obligor and the obligor's assets, if necessary; and
(f) initiate a IV-D referral if services are provided by the department and the obligor or the obligor's income or assets reside outside the state.
(6) If the department is providing support enforcement services, the director or the director's designee may certify any petition, application, and referral, including a petition under part 10 of this chapter.
(7) A lien created by operation of law or issued by order of a court or another IV-D entity to enforce a support order may, at the request of the other IV-D agency, be registered with the department. Upon registration, the lien applies to any of the obligor's real and personal property located in this state with the same force and effect as a lien established under 40-5-248 . At the request of the other IV-D agency, a registered lien may be enforced by the department using any remedy available to enforce a support lien under 40-5-248 .

Legislative History

En. Sec. 2, Ch. 287, L. 1989; amd. Sec. 56, Ch. 328, L. 1993; amd. Sec. 52, Ch. 552, L. 1997; amd. Sec. 6, Ch. 21, L. 2005.