LeCount v. Davis
Annotate this CaseWhen Father and Mother divorced, the district court ordered Father to pay child support. After Father failed to make child support payments, the Child Support Enforcement Division (CSED) of the Department of Public Health and Human Services (Department) placed a support lien on all of his property. After Father and Mother's divorce, Mother married Plaintiff. Plaintiff and Mother subsequently divorced pursuant to a final decree of dissolution in which Mother assigned to Plaintiff her interest in the child support lien. Thereafter, Plaintiff commenced a proceeding against Father seeking to foreclose on the CSED support lien. The district court granted Plaintiff's motion for summary judgment, ordering that Plaintiff could foreclose on the child support lien. The Supreme Court reversed, holding that Plaintiff was precluded from obtaining an enforceable interest in the support lien, as, under Montana law, the Department alone held the rights to and was authorized to foreclose on the child support lien. Remanded.
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