Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 5. ENFORCEMENT OF SUPPORT · Part 3. Child Support Income Deduction
Montana Code Annotated

Mont. Code Ann. § 40-5-304 (2026)

When Child Support Payments Considered Delinquent

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 5
  4. Part 3
  5. 40-5-304 When child support payments considered delinquent

TITLE 40. FAMILY LAW

CHAPTER 5. ENFORCEMENT OF SUPPORT

Part 3. Child Support Income Deduction

When Child Support Payments Considered Delinquent

40-5-304. When child support payments considered delinquent. (1) Nonpayment of child support required by a district court or administrative order or by a similar order of a court of another jurisdiction becomes delinquent under this part 8 working days after the last day of the month in which the payment is due.

(2) Child support payments may be considered delinquent under this part only in reference to a court or administrative order setting child support payments.

(3) Intervening agreements or orders establishing a schedule for payment of delinquent support do not prevent income withholding under this part.

History: En. Sec. 4, Ch. 171, L. 1981; amd. Sec. 4, Ch. 635, L. 1991; amd. Sec. 59, Ch. 552, L. 1997.

Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: In Re the Marriage of Hall, 798 P.2d 117 (Mont. 1990).
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In Re the Marriage of Hall, 798 P.2d 117 (Mont. 1990). · cites it 5× “On December 11,1989, the District Court: 1) denied Jodi’s Petition for Income Deduction because Jodi failed to prove by a preponderance of the evidence that Robert was three months in arrears in child support payments as specified in § 40-5-304, MCA, and the 1989 amendments to §…”
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