HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

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 CSED'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 CSED hearing officer.

History: Sec. 40-5-713, MCA; IMP, Sec. 40-5-710 and 40-5-713, MCA; NEW, 1994 MAR p. 2447, Eff. 8/26/94; TRANS, from SRS, 2000 MAR p. 3551.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security