40-5-701. Definitions. As used in this part, the following definitions apply:
     (1) (a) "Child" means:
     (i) a person under 18 years of age who is not emancipated, self-supporting, married, or a member of the armed forces of the United States;
     (ii) a person under 19 years of age who is still in high school;
     (iii) a person who is mentally or physically incapacitated when the incapacity began prior to that person reaching 18 years of age; and
     (iv) in IV-D cases, a person for whom:
     (A) support rights are assigned under 53-2-613;
     (B) a public assistance payment has been made;
     (C) the department is providing support enforcement services under 40-5-203; or
     (D) the department has received a referral for interstate services from an agency of another state under the provisions of the Uniform Reciprocal Enforcement of Support Act or under Title IV-D of the Social Security Act.
     (b) The term may not be construed to limit the ability of the department to enforce a support order according to its terms when the order provides for support extending beyond the time the child reaches 18 years of age.
     (2) "Delinquency" means a support debt or support obligation due under a support order in an amount greater than or equal to 6 months' support payments as of the date of service of a notice of intent to suspend a license.
     (3) "Department" means the department of public health and human services.
     (4) "IV-D case" means a case in which the department is providing support enforcement services as a result of:
     (a) an assignment of support rights under 53-2-613;
     (b) a payment of public assistance;
     (c) an application for support enforcement services under 40-5-203; or
     (d) a referral for interstate services from an agency of another state under the provisions of the Uniform Reciprocal Enforcement of Support Act or under Title IV-D of the Social Security Act.
     (5) "License" means a license, certificate, registration, or authorization issued by an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation, or profession or any other privilege that is subject to suspension, revocation, forfeiture, or termination by the licensing authority prior to its date of expiration.
     (6) "Licensing authority" means any department, division, board, agency, or instrumentality of this state that issues a license.
     (7) "Obligee" means:
     (a) a person to whom a support debt or support obligation is owed; or
     (b) a public agency of this or another state that has the right to receive current or accrued support payments or that is providing support enforcement services under this chapter.
     (8) "Obligor" means a person who owes a duty of support.
     (9) "Order suspending a license" means an order issued by a support enforcement entity to suspend a license. The order must contain the name of the obligor, the type of license, and, if known, the social security number of the obligor.
     (10) "Payment plan" includes but is not limited to a plan approved by the support enforcement entity that provides sufficient security to ensure compliance with a support order and that incorporates voluntary or involuntary income withholding under part 3 or 4 of this chapter or a similar plan for periodic payment of a support debt and, if applicable, current and future support.
     (11) "Support debt" or "support obligation" means the amount created by:
     (a) the failure to provide support to a child under the laws of this or any other state or a support order; or
     (b) a support order for spousal maintenance if the judgment or order requiring payment of maintenance also contains a judgment or order requiring payment of child support for a child for whom the person awarded maintenance is the custodial parent.
     (12) "Support enforcement entity" means:
     (a) in IV-D cases, the department; or
     (b) in all other cases, the district court that entered the support order or a district court in which the support order is registered.
     (13) "Support order" means an order that provides a determinable amount for temporary or final periodic payment of a support debt or support obligation and that may include payment of a determinable or indeterminable amount for insurance covering the child issued by:
     (a) a district court of this state;
     (b) a court of appropriate jurisdiction of another state, an Indian tribe, or a foreign country;
     (c) an administrative agency pursuant to proceedings under Title 40, chapter 5, part 2; or
     (d) an administrative agency of another state with a hearing function and process similar to those of the department.

     History: En. Sec. 3, Ch. 523, L. 1993; amd. Sec. 141, Ch. 546, L. 1995.