BEFORE THE Department of Public

health and human services of the

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.62.103, 37.62.106, 37.62.144, 37.62.501, 37.62.911, 37.62.1311, and 37.62.2101 pertaining to child support guidelines for the calculation of support obligations

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On October 13, 2017, the Department of Public Health and Human Services published MAR Notice No. 37-809 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1781 of the 2017 Montana Administrative Register, Issue Number 19.

 

2. The department has amended the following rules as proposed: ARM 37.62.103, 37.62.106, 37.62.501, 37.62.911, 37.62.1311, and 37.62.2101.

 

3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

37.62.144 SOCIAL SECURITY AND VETERANS BENEFITS (1) Social security and veterans benefits which are based on the earning or service record of either parent shall be considered in establishing new support orders or modification of existing orders under the following conditions:

            (a) through (d) remain as proposed.

 

AUTH: 40-5-203, MCA

IMP: 40-5-209, MCA

 

4. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: One commenter stated that the wording of changes proposed to ARM 37.62.106(3)(d) and (e) was awkward, and that a parents' record of job seeking was not an employment barrier.

 

RESPONSE #1: The department thanks the commenter for the comment. However, the department believes that a poor record of seeking work might be an important barrier to employers who believe it may indicate a lack of desire to work.  The department will retain the proposed rule language.

 

COMMENT #2: One commenter suggested that "and/or service" be inserted into the change proposed to ARM 37.62.144(1), immediately preceding record.

 

RESPONSE #2: The department thanks the commenter for the comment. The department believes that the proposed addition would add ambiguity to the rule. Alternatively, the department will add the words "or service" to improve the clarity of the rule.

 

 

/s/ Caroline Warne                                       /s/ Sheila Hogan                                         

Caroline Warne                                            Sheila Hogan, Director

Rule Reviewer                                              Public Health and Human Services

 

 

Certified to the Secretary of State December 11, 2017.