40-5-223. Notice of support liability based upon payment of public assistance -- notice -- contents -- collection warrant -- fair hearing. (1) In the absence of a district court order the department may issue a notice of a support liability accrued or accruing based upon payment of public assistance to or for the benefit of a child. The notice of liability must be served upon the obligor in the manner prescribed for the service of summons in a civil action, in accordance with the provisions of the Montana Rules of Civil Procedure.
     (2) The notice of liability shall include:
     (a) a statement of the support debt accrued or accruing, computable on the basis of the amount of public assistance previously paid and to be paid in the future;
     (b) a statement of the amount of the monthly public assistance payment;
     (c) a statement of the name of the obligee and the name of the child or children for whom assistance is being paid;
     (d) a demand for immediate payment of the support debt or, in the alternative, a demand that the obligor make answer within 20 days of the date of service to the department stating defenses to liability under 40-5-221;
     (e) a statement that if no answer is made on or before 20 days from the date of the service the support debt must be assessed and determined subject to computation and is subject to collection action;
     (f) a statement that the property of the obligor will be subject to distraint and seizure and sale.
     (3) If no answer is had by the department to the notice of liability on or before 20 days of the date of service, the support debt must be assessed and determined subject to the computation and the department may issue a warrant for distraint authorizing a collection action under this part.
     (4) If the obligor, within 20 days of the date of service of notice of liability, makes answer to the department alleging defenses to liability under 40-5-221, the obligor may receive a fair hearing pursuant to 40-5-226. The decision of the department in the hearing must establish the obligor's obligation, if any, for repayment of public assistance funds spent to date as an assessed and determined support debt.

     History: En. Sec. 13, Ch. 612, L. 1979; amd. Sec. 42, Ch. 439, L. 1981; amd. Sec. 12, Ch. 549, L. 1989.