Mont. Code Ann. § 40-5-263
Central clearinghouse -- enforcement services -- powers and duties of the department
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.
(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.
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.