Montana Administrative Code

37.62.105 DETERMINATION OF INCOME FOR CHILD SUPPORT Income for child support includes actual income, imputed income as set forth in ARM 37.62.106, or any combination thereof which fairly reflects a parent's resources available for child support. Income can never be less than zero…

37.62.106 IMPUTED INCOME FOR CHILD SUPPORT "Imputed income" means income not actually earned by a parent, but which is attributed to the parent based on the provisions of this rule. It is presumed that all parents are capable of working at least 40 hours per week at minimum wage,…

37.62.108 INCOME VERIFICATION/DETERMINING ANNUAL INCOME A parent must swear to the accuracy and authenticity of all financial information submitted for the purpose of calculating child support. Income of the parents must be documented. This may include pay stubs, employer stateme…

37.62.110 ALLOWABLE DEDUCTIONS FROM PARENTS' INCOME Allowable deductions from income include those required by law, those required as a condition of employment, and those necessary for the production of income. Allowable deductions may include: the amount of alimony or spousal ma…

37.62.1101 DEFINITIONS For the purposes of this subchapter, the following definitions apply: "Act" means the Child Support Enforcement Act, Title 40, chapter 5, part 4, MCA. "File or file with the department" for the purposes of 40-5-414(1), MCA, means that the request for hearin…

37.62.1103 WITHHOLDING ENTITY The CSSD is designated the "state disbursement unit" pursuant to 42 USC 666(b)(5). Authorizing statute(s): 40-5-405, MCA Implementing statute(s): 40-5-401, 40-5-402, 40-5-403, 40-5-404, 40-5-405, 40-5-411, 40-5-412, 40-5-413, 40-5-414, 40-5-415, 40-5…

37.62.1105 VOLUNTARY WITHHOLDING Notwithstanding the provisions of 40-5-412 (2), MCA, the CSSD may, at the request of the obligor, take steps to implement income withholding at any earlier time, in an amount determined in accordance with 40-5-416 , MCA. Authorizing statute(s): 40…

37.62.1107 EFFECT OF DELAY OR CONTINUANCE (REPEALED) Authorizing statute(s): 40-5-405, MCA Implementing statute(s): 40-5-401, 40-5-402, 40-5-403, 40-5-404, 40-5-405, 40-5-411, 40-5-412, 40-5-413, 40-5-414, 40-5-415, 40-5-416, 40-5-417, 40-5-418, 40-5-421, 40-5-422, 40-5-423, 40-5…

37.62.1109 ISSUES DETERMINABLE AT HEARING The administrative hearing provided in the act is limited to the determination of whether income withholding, including the amounts to be withheld, is improper because of a mistake of fact. To accomplish this purpose, and to facilitate th…

37.62.111 NONALLOWABLE DEDUCTIONS FROM INCOME Deductions which are not allowable under these rules include: payroll deductions for the convenience of the parent, such as credit union payments and savings; imputed employment-related expenses, such as imputed child care; expenses i…

37.62.1111 PROMPT DELIVERY OF WITHHELD AMOUNT For purposes of 40-5-421 (1), MCA, the term "promptly" as it relates to the delivery of withheld amounts shall be defined as being no more than ten days after the obligor's regularly scheduled payday. Authorizing statute(s): 40-5-405,…

37.62.1113 AVAILABILITY OF HARDSHIP ADJUSTMENTS In certain circumstances, the amount of money required to be withheld to defray delinquent support amounts owed under the terms of the act may be temporarily reduced at the discretion of the CSSD. Such a "hardship adjustment" may be…

37.62.1115 EFFECT OF HARDSHIP DETERMINATION A pending hardship determination does not stay or delay hearings on, or implementation of, income withholding. A request for hardship determination may be made at any time, without regard to whether income withholding is pending or has …

37.62.1117 PROCEDURES FOR DETERMINING HARDSHIP ADJUSTMENTS The CSSD will use the following procedures as a guideline for the exercise of its discretion in determining hardship adjustments: The review will determine if the obligor is eligible for a reduction of the amount which wo…

37.62.1119 UNCLAIMED COLLECTIONS (REPEALED) Authorizing statute(s): 40-5-405, MCA Implementing statute(s): 40-5-401, 40-5-402, 40-5-403, 40-5-404, 40-5-405, 40-5-411, 40-5-412, 40-5-413, 40-5-414, 40-5-415, 40-5-416, 40-5-417, 40-5-418, 40-5-421, 40-5-422, 40-5-423, 40-5-424, 40-…

37.62.1122 DETERMINING UNENFORCEABLE CASE STATUS This rule establishes the criteria which a IV-D case must satisfy to be categorized as unenforceable. All of the following criteria must be met: no payments have been posted to the case in the last 12 months, and payments are not e…

37.62.114 PERSONAL ALLOWANCE Personal allowance is an amount which reflects 1.3 multiplied by the federal poverty guideline for a one-person household. This amount is deducted when determining child support. Personal allowance is a contribution toward, but is not intended to meet…

37.62.116 INCOME AVAILABLE FOR CHILD SUPPORT Income available for support is determined by subtracting from each parent's income, the deductions allowed under ARM 37.62.110 and the amount of personal allowance determined under ARM 37.62.114 . Authorizing statute(s): Sec. 40-5-203…

37.62.118 TOTAL INCOME AVAILABLE/PARENTAL SHARE The parents' incomes available for child support are combined to determine the total income available for child support. Each income is divided by the total. The resulting factor determines each parent's share of the primary child s…

37.62.121 PRIMARY CHILD SUPPORT ALLOWANCE Primary child support allowance is a standard amount to be applied toward a child's food, shelter, clothing and related needs and is not intended to meet the needs of a particular child. This allowance is .30 multiplied by the personal al…

37.62.123 SUPPLEMENTS TO PRIMARY CHILD SUPPORT ALLOWANCE The primary child support allowance is supplemented by: reasonable child care costs incurred by a parent for children of the calculation as a prerequisite to employment. The child care expense is reduced by the federal depe…

37.62.124 PARENTING DAYS The parenting plan, referenced in 40-4-234, MCA, provides for the child's residential schedule with the parents. When the child resides primarily with one parent and does not spend more than 110 days per year with the other parent, there is no adjustment …

37.62.126 MINIMUM SUPPORT OBLIGATION A specific minimum contribution toward child support should be ordered in all cases when the parent's income, after deductions, is less than or equal to the parent's personal allowance or the parent's calculated child support obligation is les…

37.62.128 INCOME AVAILABLE FOR STANDARD OF LIVING ADJUSTMENT (SOLA) The purpose of SOLA is to ensure that the child enjoys, to the extent possible, the standard of living commensurate with the parent's income. If a parent has income available after deducting the personal allowanc…

37.62.130 LONG DISTANCE PARENTING ADJUSTMENT Long distance parenting is any travel by a parent or child to attain the goals of the parenting plan. A long distance parenting adjustment is allowed when travel by a parent or child exceeds 2,000 miles in a calendar year. The amount o…

37.62.1301 PURPOSE STATEMENT The purpose of this subchapter is to facilitate the implementation of the process to suspend licenses for nonsupport as provided in 40-5-701, et seq., MCA, or failure to comply with a subpoena or warrant, and establishing criteria for claiming hardshi…

37.62.1303 DEFINITIONS For the purposes of this subchapter, the following definitions apply: "CSSD" means the Child Support Services Division. "Financial hardship payment plan" means a plan offered to the obligor by the CSSD for agreement which provides for monthly support arrear…

37.62.1305 CRITERIA FOR STANDARD PAYMENT PLAN A standard payment plan agreement must contain, but is not limited to, the following: sufficient security to ensure compliance with the support order; an acknowledgment by the obligor of the amount of the unpaid support debt; the obli…

37.62.1307 FINANCIAL HARDSHIP PAYMENT PLAN A financial hardship payment plan may temporarily reduce the monthly amount of money to be paid by the obligor toward delinquent support arrears amounts which would otherwise be due under the terms of a standard payment plan. All other r…

37.62.1309 EFFECT OF FINANCIAL HARDSHIP PAYMENT PLAN DETERMINATION A pending financial hardship payment plan determination does not stay or delay hearings on, or implementation of, license suspension, absent a stay or continuance issued by the CSSD administrative hearing officer.…

37.62.1311 PROCEDURES FOR DETERMINING FINANCIAL HARDSHIP PAYMENT PLAN TERMS The CSSD will use the following procedures as a guideline for the exercise of its discretion in determining the payment terms of a financial hardship payment plan: the obligor must request a financial har…

37.62.1313 PROCEDURES AND CRITERIA FOR RESULTANT HARDSHIP The obligor must make a written claim for a resultant hardship to the CSSD office of the administrative law judge. The obligor must mail a copy of claim to the CSSD office issuing the notice of intent to suspend. The burde…

37.62.1315 STAY OF LICENSE SUSPENSION A stay of a license suspension may be issued by the CSSD office of the administrative law judge at any time subsequent to receipt in the CSSD office of the administrative law judge of a written claim of resultant hardship or a written motion …

37.62.1317 CONTESTED CASE HEARING PROCEDURES Except as otherwise provided in these rules or the authorizing statutes, administrative hearings shall be requested and conducted as provided in ARM Title 37, chapter 62, subchapter 9. Authorizing statute(s): 40-5-713, MCA Implementing…

37.62.134 TOTAL SUPPORT AMOUNT AND TRANSFER PAYMENT A total support amount is determined for each parent, separately, and consists of: the parent's share of the primary child support allowance, with supplemental needs, if any, plus the parent's standard of living adjustment; or t…

37.62.136 TRANSFER PAYMENT (REPEALED) Authorizing statute(s): 40-5-203, MCA Implementing statute(s): 40-5-209, MCA History: NEW, 1998 MAR p. 2066, Eff. 11/1/98; REP, 2012 MAR p. 747, Eff. 7/1/12.

37.62.138 PAYMENT OF MONTHLY SUPPORT AMOUNT IN COMBINATION PARENTING ARRANGEMENTS (REPEALED) Authorizing statute(s): 40-5-203, MCA Implementing statute(s): 40-5-209, MCA History: NEW, 1998 MAR p. 2066, Eff. 11/1/98; REP, 2012 MAR p. 747, Eff. 7/1/12.

37.62.140 ANTICIPATED CHANGES To the extent possible, child support orders must address children's changing needs as they grow and mature in a way that minimizes the need for future modifications. If any material change in current circumstances is anticipated within 18 months, se…

37.62.142 SUPPORT PAYABLE IN DOLLARS The child support order is to be paid in U.S. dollars. Gifts, clothing, food, payment of expenses, etc., in lieu of dollars will not be allowed as a credit for payment of a child support obligation except by court or administrative order. Dire…

37.62.144 SOCIAL SECURITY AND VETERANS BENEFITS Social security and veterans benefits which are based on the earning or service record of either parent shall be considered in establishing new support orders or modification of existing orders under the following conditions: benefi…

37.62.146 MODIFICATIONS OF CHILD SUPPORT ORDERS (REPEALED) Authorizing statute(s): 40-5-203, MCA Implementing statute(s): 40-5-209, MCA History: NEW, 1998 MAR p. 2066, Eff. 11/1/98; REP, 2012 MAR p. 747, Eff. 7/1/12.

37.62.148 SUPPORT GUIDELINES TABLES/FORMS The Child Support Services Division (CSSD) has developed a child support calculation worksheet. Copies of this worksheet may be obtained from the Department of Public Health and Human Services, Child Support Services Division, P.O. Box 20…

37.62.1501 OFFSET OF STATE TAX REFUNDS AND OTHER PAYMENTS FOR DEBTS COLLECTED BY CHILD SUPPORT AGENCY The CSSD will notify the Department of Revenue as provided for by 17-4-105, MCA, of any past due debt resulting from or relating to a child support obligation owing to or collect…

37.62.1503 NOTICE OF STATE TAX REFUNDS AND OTHER PAYMENTS OFFSET FOR DEBTS COLLECTED BY CHILD SUPPORT AGENCY After the Department of Revenue gives written notice of a pending offset as provided by 17-4-105(2), MCA, and the taxpayer desires to contest the proposed offset, the taxp…

37.62.1505 OFFSET OF JOINT RETURN If the refund or other payment to be offset is a joint return, the spouse who does not owe the obligation to be collected by the Title IV-D agency may object pursuant to the procedures set forth in ARM 42.15.326 through 42.15.329 to having his or…

37.62.1701 NOTICE ON INTENT TO REPORT The notice of intent to report a support debt to a consumer reporting agency required by 40-5-261, MCA, may be given by incorporating a statement of such intent in the notices generally served on obligors under 17-4-103, 40-5-208, 40-5-222, 4…

37.62.1703 ELECTRONIC REPORTS For the purpose of reporting a support debt to a consumer reporting agency, upon a request by a consumer reporting agency, the CSSD may provide such information by electronic means. Authorizing statute(s): 40-5-262, MCA Implementing statute(s): 40-5-…

37.62.1705 AMOUNTS TO BE REPORTED The CSSD will report to the consumer reporting agency only those support debts when: the amount of the debt retainable by the CSSD for the reimbursement of assigned public assistance expenditures is an amount equal to at least seven times the mon…

37.62.1707 CONTESTING ACCURACY OF REPORTED INFORMATION After service of notice specified in ARM 37.62.1701 which contains a statement of intent to report a support debt to a consumer reporting agency, the obligor may contest the accuracy of the intended report during a hearing co…

37.62.1901 PROVIDING INFORMATION Whenever an obligor is required under 40-5-208, MCA to provide the CSSD with information regarding health or medical insurance coverage, the obligor shall provide the information within 20 days following the receipt of a written request from the C…