Payments must be received at the State Disbursement Unit (SDU) within seven (7) business days from the date the employee is paid per state and federal law.
Child support payments are to be deducted from the employee’s income after taxes and mandatory deductions and prior to any assignments of income, voluntary deductions, and other court-ordered garnishments. MCA §40-5-310
Exceptions: If a federal levy was in place prior to child support being established (not when the IWO was received) the federal levy has priority. Bankruptcy and some orders for restitution have priority of child support withholding. Please contact the caseworker or the Employer Liaison if you have any questions regarding the priority of withholding.
No. You may locate the amount you should be withholding per your pay frequency (i.e. you pay your employees weekly, biweekly, semi-monthly, or monthly) on each order, add the amounts together and submit one payment for your employee.
No. In order to offer employers the option of electronic income withholding orders (e-IWO) our processes have changed. You will now receive one order per case/custodial parent. If you have an employee with multiple cases you will receive multiple orders.
Check to see if the other case participants are different on each order. If they are the same on each order, contact the caseworker that sent you the order. The caseworker contact information can be found on the order.
No. You may submit one payment with multiple employees on it as long as a breakdown of the amounts are included with the payment along with name, case number or participant id, and the date the employees were paid.
If you pay online, you may have up to 15 people on one e-check.
The employee's name, case number or participant id, and date the employee was paid must be included with each payment.
Contact the child support agency right away to get the payment stopped or corrected. Employer Liaison (406) 444-6893 or by email at email@example.com.
No. No matter what an employee says, child support orders are valid until a termination order is received from the issuing agency. Continue to withhold and have your employee contact his/her caseworker if they feel the withholding is in error.
Yes. Child support withholding orders are valid until you receive a termination order from the issuing agency. If an employee leaves employment and later returns to work for you, the child support withholding order is still valid unless terminated.
If it has been some time since the employee worked for you, contact the agency that issued the income withholding order to see if an amended order is needed or if their child support case is still active. You may call the Employer Liaison at (406) 444-6893 for assistance.
New Hire Reporting was created to help agencies locate parents, establish and enforce child support orders, and combat unemployment and welfare fraud.
State and federal law requires all employers to report all newly hired and rehired employees to the New Hire Reporting Program within twenty (20) days from the date the employee is hired or rehired, regardless of whether they have a child support obligation. To find out more about New Hire Reporting, please visit our New Hire Reporting page.
Per state law, employers may be held liable for all child support payments not withheld or submitted to the child support agency within the time-frame allowed by law and could be subject to a fine of $500.00 per each count of contempt found. A separate contempt occurs each time an employer fails to withholding and remit child support payments from their employee’s income within the time-frame allowed by law. See the Income Withholding Orders (IWO) page.
No. Employers SHALL NOT use a child support obligation as grounds for refusing to hire a person or for taking a disciplinary or termination action against a current employee. MCA§40-5-422
Montana law allows an employer to withhold a $5.00 administrative fee per month per withholding order from the employee to help offset the cost of withholding. This fee would be deducted from the employee's disposable income, not the child support payment.
Yes. It is Montana CSSD policy to take up to 50% of disposable income after taxes and mandatory deductions if the employee is not making enough to satisfy the amount of the child support order. Child support withholding orders from other agencies may take up to 65%.
Child support garnishments take priority over all other wage garnishments with few exceptions.
If a federal levy was in place prior to child support being established (not when the child support order was received) the federal levy has priority. To find out when the child support order was established, please contact the employees’ caseworker.
Bankruptcy takes priority over child support garnishments. If a bankruptcy is received, please contact the employees’ caseworker.
In some special circumstances, some restitution for victims of crime take priority over child support garnishments. The order will have specific state statue language on it declaring this. Please contact the employees caseworker if you receive such an order.
Yes. Employers may receive a child support withholding order on the federally approved income withholding order form through an attorney, clerk of court, another state’s IV-D agency or a Tribal IV-D agency.
Payments are to be prorated between child support withholding orders with current amounts being paid first, arrears second.
If you have questions, please contact the Employer Liaison at (406) 444-6893.
Please send payments to the agency that issued the child support order. The specific address to send payments to is located on the order.
The NMSN or Order to Enroll in Health Coverage is a medical child support order and can be issued for either parent. It requires employers to enroll the child(ren) on the order under the employee’s insurance plan. If health coverage is not offered, return the form to the issuing agency with a note stating your company does not offer insurance to your employees. If you have any questions, please use the caseworker contact information on the form.