Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES
Subchapter 37.62.5 - Nonpublic Assistance Services
Rule 37.62.501 - TERMS AND CONDITIONS
Current through Register Vol. 24, December 20, 2024
(1) Under 40-5-203, MCA, the CSSD will provide services to any obligee or obligor who files an application for services with the CSSD. If public assistance was previously paid to an obligee, the CSSD will continue to provide services to the obligee without need for an application. However, if the obligee refused or terminated continued services following the last payment of public assistance, the obligee must file an application. An application for services or an obligee's acceptance of continued services after termination of public assistance shall constitute the applicant's or obligee's agreement to the following terms and conditions.
(2) For the purposes of this rule, "customer" means any person or entity who applies for CSSD services or who is receiving CSSD services.
(3) To receive and to continue to receive CSSD services under 40-5-205, MCA, a customer must:
(4) The CSSD may collect any fees incurred and owing by a customer under 40-5-210, MCA, by offsetting the fees against any funds which may be distributable to the customer. However, if the amount being distributed is a current support payment, the offset will not exceed 10% of the payment.
(5) In some instances when the customer is the obligee, the customer may receive money to which the customer is not entitled. The CSSD may make a written demand for repayment of the money from the customer. The customer's silence or failure to respond to the written repayment demand within 10 days of the demand shall be considered the customer's consent to recoupment of the money from any child support collection made on the customer's behalf. Recoupment shall be made by offsetting 10% of any current child support collection and by offsetting any additional child support collection made in excess of the current support obligation. If a customer contests the repayment demand, the CSSD may file an action in the district court to establish and collect the amount.
(6) Because support orders are often expressed in terms other than in monthly payments and because they often provide for varying and inconsistent payment due dates, to simplify monitoring of payments and payment accounting, the CSSD may elect to annualize the obligations. When the obligation is annualized, the total support payments due for a 1 year period are divided into 12 equal monthly installments.
(7) A customer cannot specify which of the CSSD services that customer may want to receive. The CSSD will determine which services are appropriate and the timing and duration of those services in accordance with Title IV-D of the Social Security Act, and the regulations promulgated thereunder.
(8) CSSD staff attorneys assigned to a case represent the CSSD and no attorney-client relationship exists between the customer and the CSSD attorney. At any hearing or in any action undertaken by the CSSD, the customer may appear and be represented by independent counsel of the customer's own choice.
(9) When there are multiple or concurrent procedures and remedies, whether judicial or administrative, criminal or civil, federal or state, which may be applicable to the customer's case, the CSSD, at its sole discretion, will determine which procedure and remedy to apply, including the sequence and timing of concurrent or consecutive actions.
(10) The CSSD may terminate services:
(11) The CSSD will notify the customer in writing 60 calendar days prior to termination of services under (8)(b) through (e) of this rule, of the CSSD 's intent to terminate services. The CSSD will not terminate services if the customer, within the notice period, reestablishes contact with the CSSD, supplies the requested information, documents or materials or begins to cooperate with the CSSD, whichever is appropriate. The CSSD's decision to terminate services is final and not subject to protest except as may otherwise be provided by law.
(12) The CSSD does not guarantee or warrant the results of services.
(13) If the customer is the obligee, the customer agrees that the value of CSSD services exceeds any interest that might have accrued on collections that are held pending proof of validity, confirmation of funds, or possible adjustments from joint federal tax offsets, and thereby waives that interest. Joint federal tax offsets may be held up to six months pursuant to federal law.
AUTH: 40-5-202, MCA; IMP: 40-5-203, MCA