Montana LC 2034: Revise child support guideline laws and establish a committee

Bill Text

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69th Legislature 2025 LC 2034
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1 _____________ BILL NO. _____________
2 INTRODUCED BY _________________________________________________
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE MONTANA
5 CHILD SUPPORT GUIDELINES; REQUIRING CERTAIN EXPERTISE FOR STAFF; ESTABLISHING THE
6 GUIDELINES REVIEW OVERSIGHT COMMITTEE AND ASSOCIATED DUTIES OF THE COMMITTEE;
7 ESTABLISHING REPORTING REQUIREMENTS; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH
8 AND HUMAN SERVICES TO CONTRACT WITH A PRIVATE SOFTWARE VENDOR; AND AMENDING
9 SECTION 40-5-209, MCA.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 Section 1. Section 40-5-209, MCA, is amended to read:
14 "40-5-209. Child support guidelines -- periodic review -- oversight committee -- reporting
15 requirement. (1) The department shall adopt uniform child support guidelines to be used to determine
16 minimum child support amounts. In addition to giving notice and publicizing the rules as provided in the
17 Montana Administrative Procedure Act, the department shall give notice to the supreme court, the district
18 courts, and the state bar of Montana prior to adopting the guidelines.
19 (2) The guidelines must consider the factors set forth in 40-4-204(2) and 40-6-116(5).
20 (3) At least once every 4 years, the department shall:
21 (a) review the uniform child support guidelines employed to determine child support obligations to
22 ensure that their application results in the determination of appropriate child support award amounts; and
23 (b) propose any appropriate modification to the legislature.
24 (4) There is a child support guidelines project manager within the department. The child
25 support guidelines project manager and at least one other staff person within the child support services division
26 must have or obtain expertise in tax preparation and analysis.
27 (5) There is a guidelines review oversight committee within the department.
28 (a) The committee shall include but is not limited to the child support guidelines project manager
(Primary Sponsor)

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1 and the following members appointed by the division administrator:
2 (i) one member of a federally recognized Indian tribe located within the boundaries of the state
3 who has expertise in child support matters;
4 (ii) three noncustodial parents, each of whom may be a representative of an advocacy group, an
5 attorney, or an individual, with at least one representing the interests of low-income, noncustodial parents;
6 (iii) three custodial parents, each of whom may be a representative of an advocacy group, an
7 attorney, or an individual, with at least one representing the interests of low-income, custodial parents; and
8 (iv) one current or retired administrative law judge with expertise in child support matters.
9 (b) The committee shall include one member of the children, families, health, and human services
10 interim committee provided for in 5-5-225 jointly selected by the president of the senate and the speaker of the
11 house.
12 (c) The public members of the council shall serve without compensation but may be reimbursed as
13 provided in 2-18-501 through 2-18-503, subject to available funding.
14 (6) The committee shall meet at least quarterly and all meetings must be open to the public and
15 provide opportunity for comment.
16 (7) The committee shall:
17 (a) research, develop recommendations, and suggest proposed rule changes to the department
18 regarding the Montana child support guidelines;
19 (b) make recommendations to the department to carry out the requirements of subsection (3);
20 (c) review and approve any policy changes and internal administrative guidelines proposed by the
21 department related to the Montana child support guidelines; and
22 (d) establish a process for verifying the accuracy of the state's child support calculator by
23 comparing the calculator to that of a private vendor operating in the state pursuant to subsection (9). The
24 process must include consultation with a certified public accountant experienced in the income tax implications
25 of child support calculations.
26 (8) The committee shall report to the children, families, health, and human services interim
27 committee provided for in 5-5-225 in accordance with 5-11-210 on all matters described in this section and
28 additionally as the guidelines review oversight committee sees fit.

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1 (9) For the purposes of fulfilling the requirements of subsection (7)(d), the department shall
2 contract with a private vendor of a child support software program designed to assist members of the public in
3 calculating child support expenses according to the Montana child support guidelines."
4
5 NEW SECTION. Section 2. Notification to tribal governments. The secretary of state shall send a
6 copy of [this act] to each federally recognized tribal government in Mo