37.62.1307    FINANCIAL HARDSHIP PAYMENT PLAN

(1) A financial hardship payment plan may temporarily reduce the monthly amount of money to be paid by the obligor toward delinquent support arrears amounts which would otherwise be due under the terms of a standard payment plan. All other requirements of a standard payment plan apply to a financial hardship payment plan.

(2) Circumstances justifying a financial hardship include, but are not limited to a showing of:

(a) extraordinary costs or expenses for special medical, dental, and mental health needs have been incurred by the obligor or the obligor's dependents; that these costs are actually being paid by the obligor; and that the obligor is not being reimbursed by insurance;

(b) special costs or expenses which are directly related to the obligor's ability to earn income available for direct payment or withholding, and which, if not paid, would result in a major loss of income. For example, if the obligor is a taxi driver who needs an operable vehicle to make money to pay support and the engine needs major repairs, a short term financial hardship payment plan may be appropriate; or

(c) total income of the obligor's household is below the United States poverty guidelines for an equivalent sized household.

History: Sec. 40-5-713, MCA; IMP, Sec. 40-5-710 and 40-5-713, MCA; NEW, 1994 MAR p. 2447, Eff. 8/26/94; TRANS, from SRS, 2000 MAR p. 3551.