37.62.1311    PROCEDURES FOR DETERMINING FINANCIAL HARDSHIP PAYMENT PLAN TERMS

(1) The CSSD will use the following procedures as a guideline for the exercise of its discretion in determining the payment terms of a financial hardship payment plan:

(a) the obligor must request a financial hardship determination in writing to the CSSD office issuing the notice of intent to suspend stating the reasons a hardship adjustment is appropriate. The CSSD will determine if the obligor is eligible for a reduction of the amount which would normally be paid or withheld, under a standard payment plan, to defray the support delinquency and interest and fees, if any;

(b) the standard for determining the amount of the monthly payment toward support debt under a financial hardship payment plan will take into consideration the gross income of the obligor and the United States poverty index promulgated each year by the United States office of management and budget;

(c) the CSSD will determine the length of time the financial hardship determination will continue, based on the information provided by the obligor. The financial hardship payment plan will terminate at the end of the determined period, cessation of the financial hardship condition, or upon modification of the obligor's current/future support obligation, whichever occurs first. In the event the financial hardship condition continues after the end of such period, it shall be the obligor's duty to request further review prior to the date of expiration;

(d) only one request for a financial hardship determination is available to the obligor for each claimed incident of financial hardship. Further review will not be granted except upon a showing of circumstances not existing at the time of the original determination; and

(e) if the obligor disagrees with the CSSD's financial hardship determination, the license suspension process will proceed to hearing, if the obligor has timely requested a hearing pursuant to the requirements of 40-5-703, MCA.

 

History: 40-5-713, MCA; IMP, 40-5-710, 40-5-713, MCA; NEW, 1994 MAR p. 2447, Eff. 8/26/94; TRANS, from SRS, 2000 MAR p. 3551; AMD, 2017 MAR p. 2441, Eff. 12/23/17; AMD, 2020 MAR p. 966, Eff. 5/30/20.