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37.62.1119    UNCLAIMED COLLECTIONS

(1) In nonpublic assistance cases wherein automatic income withholding has commenced in accord with 40-5-204 (5) or 40-6-116 (8), MCA, and the obligee has not yet made application for CSED services, the CSED shall deposit collections in a trust or escrow account to be held until such application is received or it has been determined that the obligee has abandoned all claim to the collections. Such abandonment shall be deemed to occur if the obligee has not made application for services within six months. Should this occur the CSED will terminate income withholding and return the withheld funds to the obligor minus fees, if any. Interest earned as a result of funds held in the trust or escrow account accrue to the benefit of the CSED and may not be claimed by either the obligee or the obligor.

History: 40-5-405, MCA; IMP, 40-5-401, 40-5-402, 40-5-403, 40-5-404, 40-5-405, 40-5-411, 40-5-412, 40-5-413, 40-5-414, 40-5-415, 40-5-416, 40-5-417, 40-5-418, 40-5-421, 40-5-422, 40-5-423, 40-5-424, 40-5-431, 40-5-432, 40-5-433, 40-5-434, MCA; NEW, 1990 MAR p. 1337, Eff. 7/13/90; TRANS, from SRS, 2000 MAR p. 3551.

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