Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 5. ENFORCEMENT OF SUPPORT · Part 2. Administrative Enforcement of Support
Montana Code Annotated

Mont. Code Ann. § 40-5-203 (2026)

Child Support Enforcement Services

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 5
  4. Part 2
  5. 40-5-203 Child support enforcement services

TITLE 40. FAMILY LAW

CHAPTER 5. ENFORCEMENT OF SUPPORT

Part 2. Administrative Enforcement of Support

Child Support Enforcement Services

40-5-203. Child support enforcement services. (1) The department may accept applications for child support enforcement services on behalf of persons who are not recipients of public assistance and may take appropriate action to establish or enforce support obligations against persons owing a duty to pay support.

(2) The department may establish by rule the terms and conditions by which services are provided under this section.

(3) If child support enforcement services are provided under this part to or for a child as a result of the payment of public assistance, the department shall continue to provide services after public assistance is no longer being paid, subject to the same conditions and on the same basis as in the case of other individuals to whom services are furnished under this section, without requiring an application, application fee, or other request for services. Acceptance of continued services constitutes agreement to the terms and conditions set for applicants by the department under this section.

(4) Services under this section, including information requests, are available to nonresidents on the same terms as residents of this state.

(5) The department may terminate services under this section if it:

(a) receives a written request for termination of services from the person to whom services are being provided;

(b) receives notice that the child is receiving public assistance; or

(c) determines that the person receiving services has violated any term or condition set by the department for an applicant under this section.

(6) For purposes of credit rating reports by the department, the department shall indicate if the withholding is for delinquent support or for regular monthly support obligations.

History: En. Sec. 3, Ch. 612, L. 1979; amd. Sec. 1, Ch. 672, L. 1985; amd. Sec. 3, Ch. 549, L. 1989; amd. Sec. 15, Ch. 702, L. 1989; amd. Sec. 41, Ch. 552, L. 1997; amd. Sec. 3, Ch. 21, L. 2005.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1993–2023 · leading case: In Re the Marriage of Holthusen, 854 P.2d 333 (Mont. 1993).
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In Re the Marriage of Holthusen, 854 P.2d 333 (Mont. 1993). · cites it 3× “Section 40-5-203(1), MCA, states that “[t]he department may accept applications for child support enforcement services on behalf of persons who are not recipients of public assistance and may take appropriate action to establish or enforce support obligations.”
Parenting of M.M.G., 2023 MT 144N (Mont. 2023). · cites it 2× “Montana law currently provides two legal avenues for imposition of child support obligations: (1) district court child support determinations pursuant to § 40-4-204, MCA, or (2) administrative CSSD child support determinations pursuant to §§ 40-5-203(1), -208(1), -225(1), and/or…”
Pickens v. State Csed, 2002 MT 42N (Mont. 2002). · cites it 2× “” However, § 40-5-203(1), MCA, provides: The department may accept applications for child support enforcement services on behalf of persons who are not recipients of public assistance and may take appropriate action to establish or enforce support obligations against persons…”
Sanders v. State Csed, 2005 MT 230N (Mont. 2005). · cites it 2× “Moreover, § 40-5-203(1), MCA, allows the CSED to enforce child support obligations on behalf of individuals who are not receiving public assistance benefits.”
Darling v. Eddy (D. Mont. 2023). “§ 40-5-203 ; see also id. § 40-5-201(3) (defining “Department” as department of public health and human services).”
Mont. Code Ann. § 40-5-203(1): 4 cases
In Re the Marriage of Holthusen, 854 P.2d 333 (Mont. 1993). “Section 40-5-203(1), MCA, states that “[t]he department may accept applications for child support enforcement services on behalf of persons who are not recipients of public assistance and may take appropriate action to establish or enforce support obligations.”
Parenting of M.M.G., 2023 MT 144N (Mont. 2023). “Montana law currently provides two legal avenues for imposition of child support obligations: (1) district court child support determinations pursuant to § 40-4-204, MCA, or (2) administrative CSSD child support determinations pursuant to §§ 40-5-203(1), -208(1), -225(1), and/or…”
Pickens v. State Csed, 2002 MT 42N (Mont. 2002). “” However, § 40-5-203(1), MCA, provides: The department may accept applications for child support enforcement services on behalf of persons who are not recipients of public assistance and may take appropriate action to establish or enforce support obligations against persons…”
Sanders v. State Csed, 2005 MT 230N (Mont. 2005). “Moreover, § 40-5-203(1), MCA, allows the CSED to enforce child support obligations on behalf of individuals who are not receiving public assistance benefits.”
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