37.62.1305    CRITERIA FOR STANDARD PAYMENT PLAN

(1) A standard payment plan agreement must contain, but is not limited to, the following:

(a) sufficient security to ensure compliance with the support order;

(b) an acknowledgment by the obligor of the amount of the unpaid support debt;

(c) the obligor's agreement to pay each month an amount which equals current support plus at least 1/24 or more of the arrears debt;

(d) voluntary or involuntary income withholding where applicable;

(e) the obligor's waiver of a right to assert the affirmative defense of the statute of limitations to the collection of the debt not barred by a statute of limitations at the time the notice of intent to suspend was issued;

(f) an agreement that entry into a standard payment plan does not reduce the arrears obligation but only the payments toward the arrears debt;

(g) an agreement that a standard plan does not limit the CSSD's right to pursue collection of the arrears by other means;

(h) an agreement that the obligor gives up his or her right to an administrative fair hearing; and

(i) an agreement that the obligor gives up his or her right to have a district court review the decision of the CSSD hearing officer.

 

History: 40-5-713, MCA; IMP, 40-5-710, 40-5-713, MCA; NEW, 1994 MAR p. 2447, Eff. 8/26/94; TRANS, from SRS, 2000 MAR p. 3551; AMD, 2020 MAR p. 966, Eff. 5/30/20.