40-5-209. Child support guidelines -- periodic review -- guidelines review committee.

269 words·~1 min read·/mt/title-40/chapter-5/part-2/40-5-209

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40-5-209 . Child support guidelines -- periodic review -- guidelines review committee.

(1)The department shall adopt uniform child support guidelines to be used to determine minimum child support amounts. In addition to giving notice and publicizing the rules as provided in the Montana Administrative Procedure Act, the department shall give notice to the supreme court, the district courts, and the state bar of Montana prior to adopting the guidelines.

(2)The guidelines must consider the factors set forth in 40-4-204

(2)and 40-6-116 (5).

(3)At least once every 4 years, the department shall:

(a)review the uniform child support guidelines employed to determine child support obligations to ensure that their application results in the determination of appropriate child support award amounts;

(b)provide for review of the guidelines by a certified public accountant as needed; and

(c)propose any appropriate modification to the legislature.

(a)There is a guidelines review committee within the department.

(b)The committee shall:

(i)meet at least quarterly; and

(ii)research, develop, and recommend proposed policy changes to the department regarding the Montana child support guidelines.

(a)The department shall appoint members to the committee and provide for its administration in accordance with applicable federal regulations and guidelines.

(b)The department shall ensure that the committee includes:

(i)one member with expertise in child support who is not an employee of the department; and

(ii)one member with lived experience related to child support.

(6)The public members of the committee shall serve without compensation but may be reimbursed as provided in 2-18-501 through 2-18-503 , subject to available funding.