Montana § 40-5-308 Order For Deduction From Income For Child Support Payments

Montana Statutes

§ 40-5-308 — Order For Deduction From Income For Child Support Payments

Montana § 40-5-308

Title 40FAMILY LAW

Ch. 5ENFORCEMENT OF SUPPORT

Part 3Child Support Income Deduction

This text of Montana § 40-5-308 (Order For Deduction From Income For Child Support Payments) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-5-308 (2026).

Text

40-5-308 . Order for deduction from income for child support payments.

(1)The court may authorize the requesting party to continue an immediate income-deduction order issued because of a delinquency, may modify an existing deduction order, or may authorize issuance of an income-deduction order if:

(a)the obligor fails to timely respond to the notice provided under 40-5-305 ;

(b)the obligor fails to appear at a scheduled hearing;

(c)the court determines that the obligor is delinquent in the payment of support; or

(d)the court determines there are new or additional delinquencies to be added to an existing deduction order.

(2)The order must state:

(a)the action involved;

(b)the total amount of back child support due and the amount of each court-ordered installment of child support; (c

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40-5-308 . Order for deduction from income for child support payments. (1) The court may authorize the requesting party to continue an immediate income-deduction order issued because of a delinquency, may modify an existing deduction order, or may authorize issuance of an income-deduction order if:
(a) the obligor fails to timely respond to the notice provided under 40-5-305 ;
(b) the obligor fails to appear at a scheduled hearing;
(c) the court determines that the obligor is delinquent in the payment of support; or
(d) the court determines there are new or additional delinquencies to be added to an existing deduction order.
(2) The order must state:
(a) the action involved;
(b) the total amount of back child support due and the amount of each court-ordered installment of child support;
(c) the amount to be deducted from the obligor's income and the amount, if any, allowed to the payor under 40-5-309 (2) as a fee for handling the deduction;
(d) the length of time the order is to remain in effect, if ascertainable; and
(e) the name and address of the person or entity to whom the deduction is to be paid by the payor.