40-5-403. Definitions. As used in this part, the following definitions apply:
(1) "Alternative arrangement" means a written agreement between the obligor and obligee, and the department in the case of an assignment of rights under 53-2-613, that has been approved and entered in the record of the court or administrative authority issuing or modifying the support order.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
(3) "Employer" includes a payor.
(4) "Income" means any form of periodic payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability payments, payments under a pension or retirement program, interest, and earnings and wages. However, income does not include:
(a) any amount required by law to be withheld, other than creditor claims, including federal, state, and local taxes and social security; and
(b) any amounts exempted from judgment, execution, or attachment by federal or state law.
(5) "Obligee" means either a person to whom a duty of support is owed or a public agency of this or another state to which a person has assigned the right to receive current and accrued support payments.
(6) "Obligor" means a person who owes a duty to make payments under a support order.
(7) "Payor" means any payor of income to an obligor on a periodic basis and includes any person, firm, corporation, association, employer, trustee, political subdivision, state agency, or any agent thereof who is subject to the jurisdiction of the courts of this state under Rule 4B of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate Family Support Act contained in part 1 of this chapter.
(8) "Support order" has the meaning provided in 40-5-201.
History: En. Sec. 3, Ch. 571, L. 1985; amd. Sec. 24, Ch. 702, L. 1989; amd. Sec. 6, Ch. 635, L. 1991; amd. Sec. 140, Ch. 546, L. 1995; amd. Sec. 11, Ch. 482, L. 1997; amd. Sec. 70, Ch. 552, L. 1997; amd. Sec. 12, Ch. 579, L. 1999; amd. Sec. 13, Ch. 352, L. 2001.
