Taylor v. Taylor

The State of Montana Department of Social and Rehabilitation Services, Child Support Enforcement Division (CSED), initiated an income withholding proceeding against Charles R. Taylor pursuant to §§ 40-5-202, -401 through -443, MCA, for past child support which it alleged had not been paid. Charles requested an "in-person" administrative hearing pursuant to § 40-5-414, MCA, to contest the accuracy of the child support amount claimed. The request for an "in-person" hearing was denied; a telephonic hearing was held; and the Administrative Law Judge found that Charles owed $22,900 for past child support and ordered that the CSED could proceed with delinquency income withholding pursuant to § 40-5-415, MCA. Charles petitioned for judicial review in the District Court for the Sixth Judicial District in Park County. The District Court reduced the amount owed to $20,900, but otherwise affirmed the procedure, findings, and conclusions of the Administrative Law Judge. Charles appeals from the order of the District Court. We reverse the District Court, vacate the income withholding decision and order, and remand for further proceedings. - Page 32