1. A payment
was posted to my case several weeks ago but I have
not received a check. What should I do? If a check has been lost, you must wait 15
days from the date the check was issued before notifying
the CSSD. If you would like a replacement check, you
must complete and return the necessary paperwork to
the CSSD. You can obtain the paperwork by contacting
the Regional office that handles your case.
2. Can I have
my child support check deposited directly into my
bank account?
Yes, the CSSD can deposit your child support payment
directly into your bank account. This is known as
Direct Deposit or Electronic Funds Transfer (EFT).
Direct deposit is safe and confidential as your money
goes directly to your account. Your payments cannot
be lost or stolen and fewer people will handle your
money. Direct deposit is convenient, as you no longer
have to go to your bank to cash or deposit your check.
If you would like to enroll, please contact the CSSD
office that currently handles your case to obtain
an Authorization for Direct Deposit.
3. I am making
payments toward my child support debt and you intercepted
my income taxes. Why?
The CSSD must enforce qualified support arrears through
a process known as "federal offset" or simply,
the interception of federal tax returns. This is required
by federal law. This process is used for all qualifying
cases regardless if support payments are being made
toward the debt.
State law and CSSD policy require the
same process to be used in regard to state taxes.
4. My child support
order states that the parent is to pay support on
the first of every month. Why does the CSSD allow
the entire month to pay?
The majority of child support collected by the CSSD
is done so through income withholding. By law, an
employer is allowed to withhold child support based
on its payroll periods, which may be weekly, biweekly,
twice a month or monthly. The employer will normally
prorate the monthly obligation and withhold an appropriate
amount from each paycheck. Payments are to be forwarded
to the CSSD within 7 working days of the date the
employee is paid.
5. What happens
if the parent is paying child support for multiple
cases?
When CSSD receives a payment, the payment is prorated
to current support in all cases to which the parent
owes. Prorated means the payments are divided among
the noncustodial parent's orders based on the amount
due for each order. After current support has been
met, if there is additional money left, it will be
applied equally between any arrears owed in the cases.
6. How much does the CSSD withhold
from a parent's wages?
The maximum amount withheld from a parent's wages
cannot exceed the maximum amount permitted under the
Consumer Credit Protection Act. To meet this provision,
the CSSD limits the collection of its Orders to Withhold
Income to 50% of aggregate disposable earnings. Therefore,
if a parent is not earning enough income to meet the
amount of the withholding order, the employer is instructed
to withhold only 50% of the net income earned.
7. What happens
if the employer/payor is not honoring a CSSD Income
Withholding Order?
If an employer/payor fails to withhold income as ordered
they can be held liable for both the accumulated amount
that should have been withheld from the employee's
income and any employer civil contempt penalties set
by Montana law.
In addition, the CSSD can compel an
employer/payor's compliance with the order by administrative
suspension of the employer/payor's state issued licenses,
or by taking action against the employer/payor in
district court.
8. Can the CSSD
withhold unemployment insurance benefits?
Under federal law, the CSSD works with the Department
of Labor and Industry to withhold child support payments
from unemployment insurance benefits.
9. Once a payment is received by the CSSD, how long before I receive my child support?
It is the goal of the CSSD to receive and process all payments the same day. Once a payment is receipted and processed, a check is written and mailed to the family (or other applicable payee such as a child support agency of another state) the following business day. When there are state and federal holidays, payments are delayed by the holiday and will take an extra day or so to reach the family.
10. When does
the State keep payments made on my case?
If you are currently on assistance and receiving a
cash grant, any child support received to pay a current
obligation will be retained by the state. In addition,
if you received assistance in the past, federal tax
offsets will apply to the unreimbursed assistance
and will be retained by the state.
11. Can I pay
my child support with a credit card?
Credit card payments are only accepted for lump sum
settlements to pay off the arrears. In this instance,
the CSSD accepts VISA and MASTERCARD. Otherwise, the
CSSD does not accept credit card payments to pay the
current monthly support obligation.
12. Can I negotiate
a settlement of my child support debt?
Yes. The CSSD has authority to settle debts involving
Montana TANF (formerly AFDC) and foster care arrearages
and medical fines. If your child support obligation
is owed to another state as TANF or foster care arrearages,
Montana will defer to the other state or agency to
settle arrearages owed to them. In Non-TANF cases
in which the support obligation is owed directly to
the custodian, the CSSD cannot negotiate, settle or
compromise a support debt without the approval of
the individual who is owed the support.
13. How can I
make sure I receive my child support payment as quickly
as possible?
You can make sure the CSSD has your correct address.
If you move, immediately provide your change of address
to the caseworker handling your case so that this
information can be entered into the CSSD computer
system.
14. How do I
update information about myself or another participant
on my case? (Example: name, address, employer, etc.)?
You can provide updated information about yourself,
or another party to your case, by contacting the Regional
office that handles your case.
15. Which regional
office do I contact about my case?
Cases are assigned to one of the five CSSD regional
offices according to the county of residence for the
custodial parent, or if applicable, third party custodian.
Address, telephone, and fax information
for the regional office that currently handles your
case is located on the Child Support Payment Information
screen. You can access this screen by returning to
the home page and submitting your social security
number and CSSD case number.
16. Can I have
the amount of my child support order reviewed for
an increase or decrease through the CSSD?
The CSSD offers a modification service, so long as
we have an open case and we have the necessary jurisdiction
to modify the order. Jurisdiction is determined on
a case-by-case basis. To determine whether the support
order can be modified, the order must be at least
36 months old OR a substantial change in circumstance
must have occurred. You can submit a request for modification
to the Regional office that handles your case.
17. Who can apply
for child support services through the CSSD?
Any person who has physical custody of a child or
any party owing support can apply for child support
services. If the current physical custodian of a child
receives public assistance, certain types of medical
assistance, or day care assistance, the CSSD is required
by law to have an open case.
18. I got a check for $100. I don't know what it is or if it came from the public assistance office or CSSD.
CSSD is not involved with the TANF pass-through payments. Please contact your eligibility technician at the public assistance office.