How Montana Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Montana, income withholding applies, a license can be suspended 60 days after a notice when the delinquency reaches 6 months of support, and the court can order a bond or other security.
What happens if you don’t pay child support in Montana?
Most orders are subject to immediate income withholding unless a written exception is made (MCA 40-5-411), and when it is not, withholding starts the day the obligor becomes delinquent, 8 working days after the end of the month a payment is due. The department can notify the obligor that withholding will begin if the delinquent amount is not received in 8 days, then send an order to the payor (40-5-412).
Can Montana garnish wages?
Yes, within the federal limits: 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
When can a license be suspended?
On the petition of an obligee alleging a delinquency, a support enforcement entity can issue a notice of intent to suspend. A delinquency means support debt of at least 6 months of support payments at service of the notice (40-5-701(3)). The notice, served personally or by certified mail, says the license will be suspended 60 days after service unless the obligor pays the whole debt, enters a payment plan, complies with a subpoena or shows cause at a hearing (40-5-702).
What happens at the hearing?
The obligor must request it within 60 days of service. The only issues are the amount of the debt, whether a delinquency exists, whether the obligor has a payment plan, and compliance with a subpoena or warrant. Suspension is stayed while the hearing is pending, and an obligor who does not respond or appear is treated as having no valid defenses (MCA 40-5-703).
What are the consequences of a suspension?
A suspended license is processed by the licensing authority without a further hearing, fees paid are not refunded, and an obligor who keeps working under a suspended license commits a misdemeanor punishable by a fine of $250 to $500 or up to 6 months in jail, or both, with higher penalties on a repeat (40-5-704).
Can the court order security?
On a verified application showing a delinquency of 6 months of support, the court may order the obligor to show cause why bond, a mortgage or other security should not be ordered, up to the support due for two years (MCA 40-4-209).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The Montana arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice within 60 days, ask for a payment plan, add up the balance in the Montana child support arrears calculator and, if your circumstances changed, file a motion to modify right away.
Frequently asked questions
What happens if you don’t pay child support in Montana?
Income withholding, license suspension after 60 days' notice, bonds or other security, and passport denial.
How much of my paycheck can Montana take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
How long do I have to respond to a Montana license notice?
Sixty days from service, to pay, enter a payment plan or request a hearing.
What is the penalty for working under a suspended Montana license?
A misdemeanor with a fine of $250 to $500 or up to 6 months in jail, or both, for a first offense.
When can the passport of a Montana parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- MCA 40-5-412: delinquency income withholding
- MCA 40-5-411: immediate income withholding
- MCA 40-5-701: license suspension definitions
- MCA 40-5-702: notice of intent to suspend
- MCA 40-5-704: suspension of licenses
- MCA 25-9-205: interest on judgments
- MCA 40-4-208: modification
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
- MCA 40-4-208: modification
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Montana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Montana attorney.