Montana Code Annotated

Mont. Code Ann. § 40-5-401 (2026)

Short Title

✓ current as of May 2026
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TITLE 40. FAMILY LAW

CHAPTER 5. ENFORCEMENT OF SUPPORT

Part 4. Child Support Enforcement Act Administrative Income Withholding

Short Title

40-5-401. Short title. This part may be cited as the "Child Support Enforcement Act".

History: En. Sec. 1, Ch. 571, L. 1985; amd. Sec. 6, Ch. 702, L. 1989.

Notes of Decisions
Cited in 4 cases, 1986–1997 · leading case: In Re the Marriage of Holland, 730 P.2d 410 (Mont. 1986).
In Re the Marriage of Holland, 730 P.2d 410 (Mont. 1986). · cites it 2× “Acting pursuant to the Child Support Enforcement Act, Section 40-5-401 et seq., MCA, the Department accordingly served Husband with a notice of its intent to withhold a portion of his monthly income necessary to satisfy the monthly obligation and arrearages.”
First v. State ex rel. Laroche, 808 P.2d 467 (Mont. 1991). · cites it 2× “§ 666 (b) and §§ 40-5-401, et seq., MCA, against Montana unemployment insurance benefits payable to Mr.”
Connell v. State, Dep't of Soc. & Rehab. Servs., 930 P.2d 88 (Mont. 1997). “CSED initiated an income withholding action against Connell pursuant to the provisions of Montana’s Child Support Enforcement Act, §§ 40-5-401, et seq., MCA (1989). Rule 46.”
Stenstrom v. State, 930 P.2d 650 (Mont. 1996). “The CSED initiated income withholding proceedings against Stenstrom pursuant to § 40-5-401 et seq., MCA. Stenstrom was served a Notice of Intent to Withhold Income which alleged that Stenstrom owed $9,960 as support arrears and had a continuing support obligation of $125 per…”
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