Mont. Code Ann. § 40-6-602 — MT Code / Title 40 / Chapter 6 / Part 6 / Section 40-6-602
40-6-602 Caretaker relative rights upon return of parent -- continuing custody affidavit -- review, finding, and order by district court -- limited reconsideration -- immunity
Status: in_force

40-6-602 . Caretaker relative rights upon return of parent -- continuing custody affidavit -- review, finding, and order by district court -- limited reconsideration -- immunity. (1) If custody of a child has been voluntarily given to a relative of the child by a parent of the child and the child has remained with that relative for at least 6 months under circumstances in which it is unclear whether or when the parent will return and retake custody of the child, the provisions of this section apply unless, during that 6-month period, the parent expresses to the relative a firm intention and a date on which the parent will return and resume custody of the child and subsequently adheres to that schedule.

(2) Upon a return of the parent and an expression by the parent of an intent by that parent to reassert the parent's right of custody and control over the child, the caretaker relative may file, without payment of a filing fee, with the district court in the county of the relative's residence a detailed affidavit as provided in this section. The affidavit must contain the following matters, the exclusion of any of which makes the affidavit void:

(a) the identification of:

(i) the caretaker relative, including the relative's address;

(ii) the child in the custody of the relative; and

(iii) the parent demanding custody of the child, including the parent's address, if known;

(b) a statement of the facts, as nearly as can be determined, of:

(i) the date, time, and circumstances surrounding the voluntary surrender of the custody of the child to the caretaker relative, including any conversation between the relative and the parent concerning the purpose of the parent's absence and when the parent would return and resume custody of the child;

(ii) the reason for the surrender of the child to the relative, as far as is known by the relative;

(iii) the efforts made by the relative to care for the child, including:

(A) facts explaining the nature and permanency or stability of the home provided by the relative for the child;

(B) the schooling of the child while in the relative's custody; and

(C) the socialization of the child with other children and adults, both inside and outside the family of the caretaker relative; and

(iv) whether any contact was made by the child's parent with the relative, the child, or both, during the absence of the parent and if so, the date, time, and circumstances of that contact, including any conversation between the relative and the parent concerning when the parent would return and resume custody of the child;

(c) a statement by the caretaker relative as to:

(i) why the relative wishes to maintain custody of the child; and

(ii) how the relative has offered and will continue to offer continuity of care by providing permanency or stability in residence, schooling, and activities outside of the home;

(d) a warning, in at least 14-point type, to the caretaker relative in the following language: "WARNING: DO NOT SIGN THE FOREGOING AFFIDAVIT IF ANY OF THE ABOVE STATEMENTS ARE INCORRECT OR YOU WILL BE COMMITTING AN OFFENSE PUNISHABLE BY FINE, IMPRISONMENT, OR BOTH"; and

(e) a notarized signature of the caretaker relative following a written declaration that the affidavit is made under oath and under penalty of the laws of Montana governing the giving of false sworn testimony and that the information stated by the caretaker relative in the affidavit is true and correct.

(3) A copy of the affidavit filed with the district court must be provided by the caretaker relative to the child's parent, if the address or location of the parent is known to the relative, and may be provided to the department of public health and human services. A caretaker relative may maintain temporary custody of the child for 5 days following the return of the parent and the demand by the parent for custody of the child pending completion of the affidavit and the order of the district court. During that 5-day period, the caretaker relative may not be deprived of the custody of the child by a peace officer or by the order of a court unless a court finds, upon petition by the child's parent and after a hearing and upon notice to the caretaker relative as the court shall require, that:

(a) the child has not been in the custody of the caretaker relative for at least 6 months;

(b) the caretaker relative has committed child abuse or neglect with regard to the child in the custody of the relative; or

(c) the action by the caretaker relative to make and file the affidavit with the district court in accordance with this section was not made in good faith.

(4) Upon receipt of the caretaker relative's affidavit pursuant to subsection (3), the department may proceed pursuant to 41-3-202 as if a report of abandonment of the child had been received.

(5) (a) Within 48 hours of the filing of the affidavit, the district court shall review the affidavit and determine ex parte whether the affidavit contains prima facie evidence that the child was abandoned by the child's parent. If the court determines that there is prima facie evidence that the child was abandoned by the child's parent, the court shall within 3 business days of its determination of prima facie evidence enter appropriate findings of fact concerning the abandonment and enter an ex parte order approving and ordering continued custody and control of the child by the caretaker relative. An order of the district court pursuant to this subsection approving and ordering continued custody by the caretaker relative is effective for 14 days following entry of the order.

(b) If the court determines that the affidavit does not provide prima facie evidence of abandonment by the parent, the court shall within 3 business days of its determination make appropriate findings of fact and order the child returned to the parent. Upon receipt of the written findings and order of the court, the caretaker relative shall surrender the custody and control of the child to the child's parent.

(c) During or after the 14-day period established under subsection (5)(a), the caretaker relative may commence a parenting plan proceeding under 40-4-211 or petition the court to be appointed the guardian of the minor under 72-5-225 .

(6) Upon entry of an order by the district court pursuant to subsection (5)(a), a copy of the order must be sent to the child's parent, if the address of the parent is known.

(7) The child's parent may, after receipt of the court's findings and order ordering continued custody of a child by a caretaker relative, apply to the court, upon notice to the caretaker relative as the court shall provide, for a reconsideration of the court's order approving continued custody of the child by the relative. The court shall reconsider its order and may reverse its order based upon presentation of evidence of nonabandonment. Pending a reconsideration pursuant to this subsection, custody of the child must remain with the relative unless the order of the district court approving that custody expires or a court has ordered a change of custody pursuant to subsection (3).

(8) (a) A caretaker relative refusing to surrender custody of a child while acting in good faith and in accordance with this section is immune from civil or criminal action brought because of that refusal.

(b) A peace officer acting in good faith and taking or refusing to take custody of a child from a relative in accordance with this section and the entity employing the officer is immune from civil or criminal action or professional discipline brought because of the taking of or refusal to take custody of the child.

(9) Subject to availability of appropriations, the attorney general shall prepare a form for the affidavit provided for in this section and shall distribute the form as the attorney general determines appropriate.
Mont. Code Ann. § 40-5-811 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-811
40-5-811 Authorization to cure nonpayment of health benefit plan premium
Status: in_force

40-5-811 . Authorization to cure nonpayment of health benefit plan premium. In the case of an actual or threatened adverse action that would reduce or terminate plan benefits because of nonpayment of premium or insufficient payment of premium, the other parent, the department, or the third-party custodian may advance the cost of necessary premiums and keep benefits continually in force for the child. The advance may be entered as a judgment for unpaid child support in favor of the advancing party and against the obligated parent.
Mont. Code Ann. § 40-5-315 — MT Code / Title 40 / Chapter 5 / Part 3 / Section 40-5-315
40-5-315 Immediate income deductions
Status: in_force

40-5-315 . Immediate income deductions. (1) Notwithstanding any provision in this part requiring a delinquency as a prerequisite to an order for income deductions, except as provided in subsection (2), the income of a person obligated to pay child support by an order of a district court issued after October 1, 1991, is subject to an immediate deduction order on the effective date of the order.

(2) An obligor's income is not subject to deduction under this section in any case in which the district court finds:

(a) that there is good cause not to require immediate deduction; or

(b) that there is an alternative arrangement between the parties for the payment of support that provides sufficient security to ensure compliance with the arrangement.

(3) (a) For the purposes of subsection (2), a finding of good cause not to require immediate deduction must, at a minimum, be based on:

(i) a written determination and explanation by the district court as to why implementation of immediate deductions is not in the best interests of the child; and

(ii) in cases involving the modification of support orders, proof of timely payment of previously ordered support.

(b) As used in subsection (2)(b), "alternative arrangement" means a written agreement between the obligor and obligee and, in cases in which there is an assignment of support rights under 53-2-613 , the department of public health and human services that has been approved and entered into the record by the district court that issued or modified the support order.

(4) The clerk of court shall administer immediate income deductions under this section. The clerk of court, at any time after docketing the support order or modification of a support order, at the request of the obligee, and without need for amendment to the support order or for any further action by the district court, shall issue the order for income deductions for service upon the obligor's payor. The deduction order must direct the payor to promptly deliver the amount deducted to the department of public health and human services, as provided in 40-5-909 , for distribution to the obligee.

(5) Deductions under this section may be terminated only when:

(a) the obligation to pay support has terminated and all arrearages are paid in full;

(b) the obligor requests termination and the obligee and obligor have entered into an alternative arrangement as set forth in subsection (2)(b); or

(c) the department of public health and human services has superseded the deduction order under authority of Title 40, chapter 5, part 4.

(6) If a delinquency occurs subsequent to issuance of an immediate deduction order or if arrearages occur prior to beginning the deductions, the arrearages may be added to the deduction order only after compliance with the notice of hearing requirements of 40-5-305 .

(7) (a) After October 1, 1991, whenever a support order is registered as provided by 40-5-1055 or other law, the support order is subject to immediate orders to deduct income under this section.

(b) Withholding income under this section must be imposed when an obligor has income derived from within this state and the support order was issued in another state.

(8) This section applies only to support orders that are not being enforced by the department of public health and human services under Title IV-D of the Social Security Act. The withholding of income for support orders being enforced by the department is provided for in Title 40, chapter 5, part 4, and those procedures, if applicable, supersede the provisions of this section.
Mont. Code Ann. § 40-16-107 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-107
40-16-107 Motion for judicial relief
Status: in_force

40-16-107 . Motion for judicial relief. (1) A motion for judicial relief under this part must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.

(2) On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed.

(3) On motion of a party, the court shall terminate arbitration if it determines that:

(a) the agreement to arbitrate is unenforceable;

(b) the family law dispute is not subject to arbitration; or

(c) under 40-16-112 , the arbitration should not proceed.

(4) Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.
Mont. Code Ann. § 40-5-801 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-801
40-5-801 Short title
Status: in_force

40-5-801 . Short title. This part may be known and cited as the "Medical Support Reform Act".
Mont. Code Ann. § 40-7-202 — MT Code / Title 40 / Chapter 7 / Part 2 / Section 40-7-202
40-7-202 Exclusive, continuing jurisdiction
Status: in_force

40-7-202 . Exclusive, continuing jurisdiction. (1) Except as otherwise provided in 40-7-204 , a court of this state that has made a child custody determination consistent with 40-7-201 or 40-7-203 has exclusive, continuing jurisdiction over the determination until:

(a) a court of this state determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or

(b) a court of this state or a court of another state determines that neither the child, a parent, nor any person acting as a parent presently resides in this state.

(2) A court of this state that has exclusive, continuing jurisdiction under this section may decline to exercise jurisdiction if the court determines that it is an inconvenient forum under 40-7-108 .

(3) A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under 40-7-201 .
Mont. Code Ann. § 40-15-203 — MT Code / Title 40 / Chapter 15 / Part 2 / Section 40-15-203
40-15-203 Attorney general to provide forms
Status: in_force

40-15-203 . Attorney general to provide forms. The attorney general shall prepare uniform sample instructions, petition forms, and order forms for temporary orders of protection and for orders of protection. The attorney general shall distribute samples of the instructions, petitions, and forms to the clerk of the district court in each county and to justices', municipal, and city courts. The clerk of the district court, justices of the peace, and municipal and city court judges shall make forms available to the public at no charge.
Mont. Code Ann. § 40-4-226 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-226
40-4-226 Court-sanctioned educational program on effects of dissolution of marriage on children
Status: in_force

40-4-226 . Court-sanctioned educational program on effects of dissolution of marriage on children. (1) In a proceeding for dissolution of marriage involving a minor child or in a parenting plan proceeding involving a minor child, a court shall inform the parties, excluding the minor child, of available educational programs concerning the effects of dissolution of marriage on children and, if the court finds that it would be in the best interest of the minor child, shall order the parties to attend a court-sanctioned program. The program may be divided into sessions. The program must be educational in nature and may not be designed for individual therapy.

(2) The cost of implementing the court-sanctioned educational program for each district court, provided for in subsection (1), must be paid by the state as provided in 3-5-901 . Costs may include parenting evaluation and guardian ad litem services.
Mont. Code Ann. § 40-5-305 — MT Code / Title 40 / Chapter 5 / Part 3 / Section 40-5-305
40-5-305 Notice
Status: in_force

40-5-305 . Notice. (1) A party initiating income deductions under this part shall serve the obligor with notice if:

(a) an order for immediate income deductions is issued because of a delinquency;

(b) additional delinquencies accrued subsequent to the issuance of an income-deduction order and the requesting party proposes to add those delinquencies to an existing order for income deductions;

(c) immediate withholding under 40-5-315 or delinquency withholding under 40-5-303 has commenced for current support and there are delinquencies due for a period prior to issuance of the income-deduction order that the requesting party proposes to add to the deduction order; or

(d) the obligation to pay current support has terminated and there are support arrears still owing for the period prior to termination.

(2) The notice must contain a statement:

(a) of the amount subject to withholding, including a computation showing the period and total amount of the delinquency as of the date of the notice;

(b) that withholding applies to all current and subsequent payors;

(c) of the procedures to follow if the obligor desires to contest income withholding on the grounds that the initiation of withholding or the modification of an existing order for deductions is improper or that the amount to be deducted is in error due to a mistake of fact; and

(d) of the period of time within which the obligor is required to file a request for hearing and that failure to file the hearing request within the time limit will result in an income-deduction order being served upon the payor for the amount stated in the notice.

(3) The notice must be served upon the obligor personally or by certified mail.
Mont. Code Ann. § 40-6-401 — MT Code / Title 40 / Chapter 6 / Part 4 / Section 40-6-401
40-6-401 Short title
Status: in_force

40-6-401 . Short title. This part may be cited as the "Montana Safe Haven Newborn Protection Act".
Mont. Code Ann. § 40-5-264 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-264
40-5-264 Cooperative agreements
Status: in_force

40-5-264 . Cooperative agreements. (1) The department may enter into cooperative agreements with any person, firm, corporation, association, political subdivision, Indian tribe or tribal organization as defined in 25 U.S.C. 450b, or department of this state as a cooperating contractor to provide enforcement services.

(2) A cooperating contractor:

(a) shall act as an independent support enforcement contractor if the cooperating contractor provides enforcement services; and

(b) may pursue any remedy available to the department, as limited by the terms of the cooperative agreement.

(3) The department may refer an enforcement case to a cooperating contractor in the county where the obligor resides.
Mont. Code Ann. § 40-5-273 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-273
40-5-273 Notice of review of child support orders -- order for production of information
Status: in_force

40-5-273 . Notice of review of child support orders -- order for production of information. (1) Upon receipt of a review application setting forth facts meeting any of the criteria for review of a child support order established in 40-5-272 , a notice of administrative review and an order for the production of financial information, if appropriate, must be served either personally or by certified mail on the obligor, the obligee, and any other party entitled to notice. If service is by certified mail, the department must receive a return receipt signed by the person to whom the notice was mailed for the service to be effective. Service of the notice is considered to be effective if, in the absence of a return receipt, the person to whom the notice was mailed requests a hearing or appears at the administrative review hearing. The notice must include a statement:

(a) of the purpose, objectives, and possible consequences of the review, including that a modified support order may require the obligee to pay a monthly transfer payment to another party;

(b) of the right of the obligor and the obligee to request the department to issue subpoenas compelling the appearance of witnesses and the production of documents for a hearing;

(c) of the dollar amount of the support obligation to be paid each month for the child;

(d) of any change in the child's medical support needs, including changes to the original order to bring it into compliance with part 8 of this chapter;

(e) of the effective date of the change in the child support or medical support obligation;

(f) of the right of any party to request a hearing to contest the amount of child support alleged in the notice or to contest the imposition or modification of a medical support order;

(g) that if a party does not timely file a request for a hearing, support, including medical support, will be ordered as declared in the notice or in accordance with the child support guidelines adopted under 40-5-209 ;

(h) that if a party requests a hearing, the other parties may refuse to participate in the proceedings and that the child support and medical support order will be determined using the information available to the department or provided at the hearing;

(i) that a party's refusal to participate is a consent to entry of a child support and medical support order consistent with the department's determination; and

(j) that the parties are entitled to a fair hearing under 40-5-277 .

(2) An order for the production of financial information may be incorporated into the review notice and must include a statement that:

(a) the financial information must be returned no later than the 20th day after the date the order is served;

(b) if the requested information is not returned as required, the department may:

(i) proceed with the review using the information available to the department;

(ii) cease all proceedings for the review;

(iii) initiate contempt proceedings in accordance with 40-5-226 ; or

(iv) apply to the district court for an order to compel compliance with the order for production of financial information in accordance with 2-4-104 ; and

(c) any information required by the order must be provided to the department and other parties prior to the review hearing.

(3) If, in the absence of a certified mail return receipt showing the date of service, a person requests a hearing, any financial information ordered produced pursuant to subsection (2) must be provided to the department no later than the 20th day after the person requests the hearing, unless the person requesting the hearing waives that date in writing. A person who waives that date in writing shall provide the financial information by the date provided in subsection (2) or by another date established by order of the department.

(4) If additional discovery is requested by a party, the hearings officer may issue subpoenas ordering other parties to produce information in the party's possession about the obligor and the obligee that may be reasonably necessary for application of the guidelines.
Mont. Code Ann. § 40-15-301 — MT Code / Title 40 / Chapter 15 / Part 3 / Section 40-15-301
40-15-301 Jurisdiction and venue
Status: in_force

40-15-301 . Jurisdiction and venue. (1) District courts, justices' courts, municipal courts, and city courts have concurrent jurisdiction to hear and issue orders under 40-15-201 .

(2) When a dissolution of marriage or parenting action involving the parties is pending in district court, a person may file a petition for an order of protection in a justice's, municipal, or city court only if the district court judge assigned to that case is unavailable or if the petitioner, to escape further abuse, left the county where the abuse occurred. The petitioner shall provide a copy of relevant district court documents to the justice's, municipal, or city court, along with the petition. The justice of the peace, municipal court judge, or city court judge shall immediately certify the pleadings to the original district court after signing an order of protection under this subsection. The district court shall conduct the hearing unless both parties and both courts agree that the hearing may be conducted in the court of limited jurisdiction. If the district court is unable to conduct a hearing within 20 days of receipt of the certified pleadings, it shall conduct a hearing within 45 days of the receipt of the pleadings, unless the hearing is continued at the request of either party for good cause or by the court. If the hearing is continued, the order of protection must remain in effect until the court conducts the hearing.

(3) If one of the parties to an order of protection files for dissolution of marriage or files a parenting action after the order of protection is filed but before the hearing is conducted, the hearing must be conducted in the court in which the order of protection was filed. Either party may appeal or remove the matter to the district court prior to or after the hearing. If the district court is unable to conduct a hearing within 20 days of receipt of the certified pleadings, the district court shall conduct a hearing within 45 days of receipt of the pleadings. The hearing may be continued at the request of either party for good cause or by the court. If the hearing is continued, the order of protection must remain in effect until the court conducts the hearing.

(4) An action brought under this chapter may be filed in the county where the petitioner currently or temporarily resides, the county where the respondent resides, or the county where the abuse occurred. There is no minimum length of residency required to file a petition under this chapter.

(5) The right to petition for relief may not be denied because the petitioner has vacated the residence or household to avoid abuse.

(6) An order of protection issued under this section is effective throughout the state. Courts and law enforcement officials shall give full faith and credit to all orders of protection issued within the state.

(7) A certified copy of an order of protection from another state, along with proof of service, may be filed in a Montana court with jurisdiction over orders of protection in the county where the petitioner resides. If properly filed in Montana, an order of protection issued in another state must be enforced in the same manner as an order of protection issued in Montana.
Mont. Code Ann. § 40-5-237 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-237
40-5-237 District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence
Status: in_force

40-5-237 . District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence. (1) In a matter referred to the district court, if an alleged father objects to the procedures for or the results of a paternity genetic test, the alleged father shall file a written objection with the court within 20 days after service of the notice required by 40-5-236 (3). The court shall order an additional paternity genetic test upon the alleged father's advance payment for additional testing if a written objection is timely filed or at the request of the department. The alleged father's advance payment must be returned to the alleged father if the test does not produce evidence of the alleged father's paternity. An additional test must be performed by the same or another expert who is qualified in paternity genetic testing. Failure of the alleged father to make a timely challenge is considered a waiver of any defense to the test results or test procedures, including the chain of custody.

(2) If an objection to the paternity genetic test is not timely filed, the paternity genetic test expert's completed and certified report of the results and conclusions of a paternity genetic test is admissible as evidence without additional foundation testimony or other proof of authenticity and accuracy if the laboratory in which the expert performed the test is accredited for parentage testing by the American association of blood banks. Accreditation may be established by verified statement or reference to published sources. This subsection does not limit the right of a party to contest the identity of persons submitting to testing.

(3) In any hearing before the court or at trial, testimony relating to sexual intercourse of the mother with any person who has been excluded from consideration as a possible father of the child involved by the results of a paternity genetic test is inadmissible in evidence.

(4) When a paternity genetic test excludes an alleged father from possible paternity, the test is conclusive evidence of nonpaternity of the alleged father for all purposes in the district court.
Mont. Code Ann. § 40-6-215 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-215
40-6-215 When parent responsible for necessities and financial assistance supplied to child
Status: in_force

40-6-215 . When parent responsible for necessities and financial assistance supplied to child. (1) If a parent with a duty to support a child fails to, neglects to, refuses to, or otherwise does not provide necessary articles or financial assistance for the child's support, according to the parent's circumstances, a relative or third person may in good faith supply the necessary articles or financial assistance and recover the reasonable value from the parent.

(2) (a) If by court order or express or implied consent of either parent, a child resides with and is supported in the home of a relative or third person, the child's parent or parents shall provide support for the child to the relative or third person.

(b) A relative or third person may receive support under the substitute payee provisions of 40-4-204 (8) or a similar law, or if the substitute payee laws are not applicable, the relative or third person may apply for establishment of a support order to any court or administrative agency with authority to enter child support orders.

(3) A parent's duty to support and maintain a child is not abrogated by the child's abandoning the parent's home or by any other voluntary act unless a court has determined the child to be an emancipated minor not in need of parental support.
Mont. Code Ann. § 40-1-212 — MT Code / Title 40 / Chapter 1 / Part 2 / Section 40-1-212
40-1-212 Effective period of license
Status: in_force

40-1-212 . Effective period of license. A license to marry is effective upon issuance and expires after 180 days.
Mont. Code Ann. § 40-15-204 — MT Code / Title 40 / Chapter 15 / Part 2 / Section 40-15-204
40-15-204 Written orders of protection
Status: in_force

40-15-204 . Written orders of protection. (1) The court may, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, determine that to avoid further injury or harm, the petitioner needs permanent protection. The court may order that the order of protection remain in effect permanently.

(2) In a dissolution proceeding, the district court may, upon request, issue either an order of protection for an appropriate period of time or a permanent order of protection.

(3) An order of protection may include all of the relief listed in 40-15-201 , when appropriate.

(4) An order of protection may include restraining the respondent from any other named family member who is a minor. If this restriction is included, the respondent must be restrained from having contact with the minor for an appropriate time period as directed by the court or permanently if the court finds that the minor was a victim of abuse, a witness to abuse, or endangered by the environment of abuse.

(5) An order of protection issued under this section may continue for an appropriate time period as directed by the court or be made permanent under subsection (1), (2), or (4). The order may be terminated upon the petitioner's request that the order be dismissed.

(6) An order of protection must include a section that indicates whether there are any other civil or criminal actions pending involving the parties, a brief description of the action, and the court in which the action is filed.

(7) An amendment to a temporary order of protection or to an order of protection is effective only after it has been served in writing on the opposing party.

(8) There is no cost to file a petition for an order of protection or for service of an order of protection whether served inside or outside the jurisdiction of the court issuing the order.

(9) Any temporary order of protection or order of protection must conspicuously bear the following:

"Violation of this order is a criminal offense under 45-5-220 or 45-5-626 and may carry penalties of up to $10,000 in fines and up to a 5-year jail sentence.

This order is issued by the court, and the respondent is forbidden to do any act listed in the order, even if invited by the petitioner or another person. This order may be amended only by further order of this court or another court that assumes jurisdiction over this matter."
Mont. Code Ann. § 40-6-106 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-106
40-6-106 Artificial insemination
Status: in_force

40-6-106 . Artificial insemination. (1) If, under the supervision of a licensed physician and with the consent of the woman's husband, a wife is inseminated artificially with semen donated by a person who is not the husband, the husband is treated in law as if the husband were the natural father of a child conceived by artificial insemination. The husband's consent must be in writing and signed by the husband and the wife. The physician shall certify their signatures and the date of the insemination and file the husband's consent with the department of public health and human services, where it must be kept confidential and in a sealed file. However, the physician's failure to file the consent does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.

(2) The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if the donor is not the natural father of a child conceived by artificial insemination.
Mont. Code Ann. § 40-4-121 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-121
40-4-121 Temporary order for maintenance or support, temporary injunction, or temporary restraining order
Status: in_force

40-4-121 . Temporary order for maintenance or support, temporary injunction, or temporary restraining order. (1) In a proceeding for dissolution of marriage or for legal separation or in a proceeding for disposition of property or for maintenance or support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, either party may move for temporary maintenance, temporary support of a child of the marriage entitled to support, or a temporary family support order. When a party is receiving public assistance, as defined in 40-5-201 , for the minor children at issue or when a party receives public assistance during the life of a temporary family support order, the temporary family support order must designate separately the amounts of temporary child support and temporary maintenance, if any. The temporary child support order or the designated child support portion of the family support order must be determined as required in 40-4-204 . The motion must be accompanied by an affidavit setting forth the factual basis for the motion, the amounts requested, a list of marital estate liabilities, a statement of sources of income of the parties and of a child of the marriage entitled to support, and, in the case of a motion for a temporary family support order, a proposal designating the party responsible for paying each liability. If ordered by a court, a temporary family support order must, without prejudice, direct one or both parties to pay, out of certain income sources, liabilities of the marital estate during the pendency of the action, including maintenance liabilities for a party or support of a child of the marriage entitled to support. If income sources are insufficient to meet the marital estate periodic liabilities, the temporary family support order may direct that certain liabilities be paid from assets of the marital estate. At any time during the proceedings, the court may order any temporary family support payments to be designated as temporary maintenance, temporary child support, or partial property distribution, retroactive to the date of the motion for a temporary family support order. When a party obtains public assistance, as defined in 40-5-201 , or applies for services under Title IV-D of the Social Security Act, after the court has issued a temporary family support order, the petitioner shall promptly move the court for designation of the parts, if any, of the temporary family support order that are maintenance and child support and the court shall promptly so designate, determining the child support obligation as required in 40-4-204 .

(2) As a part of a motion for temporary maintenance, temporary support of a child, or a temporary family support order or by independent motion accompanied by affidavit, either party may request that the court issue a temporary injunction for any of the following relief:

(a) restricting, enhancing, ordering, or otherwise modifying or reaffirming the restrained or permitted provisions of the temporary economic restraining order pursuant to 40-4-126 ;

(b) enjoining a party from molesting or disturbing the peace of the other party or of any family member or from stalking, as defined in 45-5-220 ;

(c) excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result;

(d) enjoining a party from removing a child from the jurisdiction of the court;

(e) ordering a party to complete counseling, including alcohol or chemical dependency counseling or treatment;

(f) providing other injunctive relief proper in the circumstances; and

(g) providing additional relief available under Title 40, chapter 15.

(3) A person may seek the relief provided for in subsection (2) without filing a petition under this part for a dissolution of marriage or legal separation by filing a verified petition requesting relief under Title 27, chapter 19, part 3. Any temporary injunction entered under this subsection must be for a fixed period of time, not to exceed 1 year, and may be modified as provided in Title 27, chapter 19, part 4, and 40-4-208 , as appropriate.

(4) The court may issue a temporary restraining order for a period not to exceed 21 days without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury will result to the moving party if an order is not issued until the time for responding has elapsed.

(5) The party against whom a temporary injunction is sought must be served with notice and a copy of the motion and is entitled to a hearing on the motion. A response may be filed within 21 days after service of notice of motion or at the time specified in the temporary restraining order.

(6) At the time of the hearing, the court shall:

(a) inform both parties that the temporary injunction may contain a provision or provisions that limit the rights of one or both parties relating to firearms under state law or a provision or provisions that may subject one or both parties to state or federal laws that limit their rights relating to firearms; and

(b) determine whether good cause exists for the injunction to continue for 1 year.

(7) On the basis of the showing made and in conformity with 40-4-203 and 40-4-204 , the court may issue a temporary injunction and an order for temporary maintenance, temporary child support, or temporary family support in amounts and on terms just and proper in the circumstance.

(8) A temporary order or injunction, entered pursuant to Title 40, chapter 15, or this section:

(a) may be revoked or modified on a showing by affidavit of the facts necessary to revocation or modification of a final decree under 40-4-208 ;

(b) terminates upon order of the court or when the petition is voluntarily dismissed and, in the case of a temporary family support order, upon entry of the decree of dissolution; and

(c) when issued under this section, must conspicuously bear the following: "Violation of this order is a criminal offense under 45-5-220 or 45-5-626 ".

(9) When the petitioner has fled the parties' residence, notice of the petitioner's new residence must be withheld except by order of the court for good cause shown.

(10) The court shall seal any qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code, 26 U.S.C. 414(p), that is issued under this part except for access by the pension plan administrator of the plan for which benefits are being distributed by the order, the child support enforcement division, the parties, and each party's counsel of record.
Mont. Code Ann. § 40-5-417 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-417
40-5-417 Modification or termination of withholding orders
Status: in_force

40-5-417 . Modification or termination of withholding orders. (1) The department may at any time modify the order to withhold income to:

(a) reflect payment in full of the arrearages by income withholding or otherwise;

(b) recognize an increase or decrease in the support order; or

(c) indicate any other reason the amount to be withheld is to be reduced or changed.

(2) If an arrearage occurs while the department is collecting an amount of money necessary to pay current installments of support as they become due and payable, the department may adjust the amount of income required to be withheld to also satisfy the arrearage, as provided in this part.

(3) An income-withholding order terminates only when the department is no longer authorized under the law to collect support or, when appropriate, services rendered under 40-5-203 have come to an end or when the obligation to pay support is terminated and all arrearages are paid in full, whichever occurs first.

(4) The payment in full of any arrearage amount may not be the sole basis for termination of withholding as long as there is a support obligation enforceable by the department.
Mont. Code Ann. § 40-5-822 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-822
40-5-822 Duties of parents -- consequences of noncompliance
Status: in_force

40-5-822 . Duties of parents -- consequences of noncompliance. (1) An obligated parent shall promptly execute and deliver to the provider of individual insurance, to a health benefit plan, or to another proper party all forms and instruments necessary to ensure the child's timely enrollment and continuous participation in any individual insurance or plan ordered by the medical support order. An obligated parent shall timely submit claims for processing, verification, and payment. Intentional delay or interference with enrollment or with the timely submission for processing, verification, and payment of a claim is punishable as provided in 40-5-821 and by an award of costs and attorney fees to an opposing party.

(2) An obligated parent shall provide the other parent, the department, and the third-party custodian with identification cards or other methods for access to coverage, including but not limited to numbers, codes, or other references applicable to the individual insurance, health benefit plan, or group through which the child receives coverage. Intentional delay or failure to provide information is punishable as provided in 40-5-821 and by an award of costs and attorney fees to an opposing party.

(3) If a party receives a reimbursement payment from individual insurance or from a health benefit plan but is not the party who has paid or is paying the underlying bill of the health service provider, the party receiving the payment shall promptly pay over the proceeds to the proper party. In addition to any applicable penalty for theft, conversion, civil contempt, or other wrongdoing, the amount of the payment may be entered as a judgment in favor of the proper party and against the party failing to promptly pay over the reimbursement.

(4) An obligated parent who defaults on a medical support order by failing to obtain individual insurance or a health benefit plan or who permits the individual insurance or plan coverage to lapse without securing a comparable replacement is liable for all of the child's medical expenses and shall indemnify the other parent, the department, or the third-party custodian for the cost of obtaining health benefit coverage and for all medical expenses of the child. The obligated parent may be relieved of liability by proving to the satisfaction of the tribunal that:

(a) no reasonable-cost or cost-beneficial individual insurance coverage or health benefit plan was available for the child during the period of time involved and the other parent, the department, or the third-party custodian has received notice of the nonavailability;

(b) the individual insurance coverage or plan ceased to be available for reasons wholly unrelated to the conduct of the obligated parent, replacement coverage has not been available, and timely written notice of the nonavailability has been given to the other parent, the department, or the third-party custodian; or

(c) the other parent or third-party custodian has obtained health coverage for the child and all parties have entered into an enforceable written agreement to share the costs of the coverage.

(5) An obligated parent who provides individual insurance coverage or a health benefit plan that is deficient under the requirements of the medical support order is liable, including liability by indemnification, for all of the child's medical expenses that should have been covered but were not and for the cost to the other parent, the department, or the third-party custodian of obtaining coverage that complies with the order. The obligated parent may be relieved of liability by proving to the satisfaction of the tribunal that:

(a) the coverage provided for the child has been the best available during the periods of time involved and timely written notice regarding the coverage available was given to the other parent, the department, or the third-party custodian;

(b) benefits have been reduced for reasons wholly unrelated to the conduct of the obligated parent, better coverage has not been available, and timely written notice has been given to the other parent, the department, or the third-party custodian; or

(c) the other parent or the third-party custodian has obtained coverage for the child and all parties have entered into an enforceable written agreement to share the costs of the coverage.

(6) Any liability for medical costs and expenses incurred under this section may be entered as a judgment for unpaid support in favor of the party or agency paying the same and against the obligated parent.

(7) The consequences of noncompliance with a medical support order apply, to the extent possible, to a judgment, decree, or support order that requires a parent to obtain medical or health insurance coverage for a child or to pay for a child's medical care and that was entered:

(a) by a tribunal prior to enactment of this part; or

(b) by a court or administrative agency of competent jurisdiction in another state or territory.
Mont. Code Ann. § 40-6-109 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-109
40-6-109 Jurisdiction -- venue
Status: in_force

40-6-109 . Jurisdiction -- venue. (1) The district court has jurisdiction of an action brought under this part. The action may be joined with an action for dissolution, annulment, separate maintenance, support, or adoption.

(2) For purposes of an action brought under this part, personal jurisdiction is established in the courts of this state over an individual or the individual's guardian or conservator, if:

(a) the individual is personally served within this state in accordance with Rule 4(b), Montana Rules of Civil Procedure;

(b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document that has the effect of waiving any contest to personal jurisdiction;

(c) the individual resided with the child in this state;

(d) the individual resided in this state and provided prenatal expenses or support for the child;

(e) the child resides in this state as a result of the acts or directives of the individual;

(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or

(g) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(3) The action may be brought in the county in which the child or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of the father's estate have been or could be commenced.
Mont. Code Ann. § 40-5-907 — MT Code / Title 40 / Chapter 5 / Part 9 / Section 40-5-907
40-5-907 Case registry -- abstracts -- information required -- mandatory updating
Status: in_force

40-5-907 . Case registry -- abstracts -- information required -- mandatory updating. (1) There must be registered in the case registry an abstract of:

(a) each case, including interstate cases, receiving IV-D services provided by the department;

(b) each support order entered and each modification of an existing support order made in this state after October 1, 1998; and

(c) each subsequent order or action establishing, modifying, adjusting, granting relief from, terminating, or otherwise affecting a support order in a registered case.

(2) Each abstract must include:

(a) the name, sex, as defined in 1-1-201 , [social security number, other] identification numbers, if any, date of birth, driver's license number, telephone number, and residential and mailing addresses of the parents;

(b) the child's name, date of birth, sex, as defined in 1-1-201 , [social security number, if any,] and residential address if different from that of the child's custodian;

(c) the name and location of the obligee if the obligee is a person or agency other than the child's parent;

(d) the name, address, and telephone number of the obligor's employer or of another payor of income to the obligor; and

(e) (i) if the child is covered by a health or medical insurance plan and the information is available in an electronic format, the name of the insurance carrier or health benefit plan, the policy identification number, the name of the persons covered, and any other pertinent information regarding coverage; or

(ii) if the child is not covered, information as to the availability of coverage for the child through the obligor's and obligee's employers.

(3) The abstract of a support order must include:

(a) the amount of the support payment and supplemental support payments, if any, for each child and the amount of spousal maintenance if ordered in the same case;

(b) the specific day or dates the payment is due;

(c) the inclusive dates of the support obligation;

(d) the terms of any condition that may affect the amount of the payment, the due date, or the obligation to pay support;

(e) each subsequent judgment for support arrears and the amounts of any interest, late payment penalties, and fees included in the judgment;

(f) any specific child support lien imposed against real or personal property of the obligor;

(g) the terms of any medical and health coverage provision for the child; and

(h) the name and county of the judicial district or the name and address of the agency where the record of the case is located and the cause number or case identification number for the case.

(4) (a) For each IV-D case with a support order registered in the case registry, there must be a record of the date and the amount of support payments made by the obligor, dates and amounts of support collected from other sources, dates of distribution of support payments, names and locations of persons or agencies to whom support payments and collections were distributed, and the balance of support owed by the obligor.

(b) Except as provided in subsection (5), the department need not maintain payment records in a non IV-D case.

(5) A copy of each non IV-D income-withholding order must be included in the case registry. For each registered income-withholding order, there must be a record of payments received by the department from the payor under the income-withholding order, the date and amount of each payment, the date the department distributed the payment, and the person or agency to whom the payment was distributed.

(6) The statistical report required by the department under 50-15-302 may be combined with and made a part of the abstract of support order form.

(7) (a) Each support order entered or modified in this state after October 1, 1998, must include a requirement that the obligor and obligee update, as necessary, the information included in the abstract under subsection (2).

(b) The order must also provide that in a subsequent child support enforcement action, upon sufficient showing that diligent effort has been made to ascertain the location of the obligor or obligee, the court or agency taking the enforcement action may consider the due process requirements for notice and service of process to be met with respect to the party upon delivery of written notice by regular mail to the most recent address or employer address reported to the case registry.

(c) If the support order does not include the provisions required by subsections (7)(a) and (7)(b) or if the support order was entered or last modified in this state before October 1, 1998, the department may give written notice of the provisions to the obligor and obligee. Upon receipt of the notice, the provisions have the same force and effect on the obligor and obligee as if included in the support order. (Bracketed language terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999.)
Mont. Code Ann. § 40-7-125 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-125
40-7-125 Priority
Status: in_force

40-7-125 . Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Mont. Code Ann. § 40-5-710 — MT Code / Title 40 / Chapter 5 / Part 7 / Section 40-5-710
40-5-710 Stay of suspension of license -- payment plan -- hardship
Status: in_force

40-5-710 . Stay of suspension of license -- payment plan -- hardship. (1) An obligor may at the time of the hearing conducted under 40-5-703 or at any time after the hearing, petition the support enforcement entity for an order staying suspension of the license.

(2) The support enforcement entity shall consider the obligor's petition for a stay separately from any determination on whether suspension of a license is appropriate.

(3) The support enforcement entity may stay suspension of a license upon a showing that suspension or continued suspension of a license would create a significant hardship to the obligor, to the obligor's employees, to legal dependents residing in the obligor's household, or to persons, businesses, or other entities served by the obligor.

(4) A stay terminates upon:

(a) termination of the circumstances upon which a hardship is based;

(b) failure by the obligor to abide by the terms and conditions of a payment plan; or

(c) the date of termination, if any, provided in the order staying suspension of the license.

(5) If the licensing authority has been notified of an order suspending a license, the support enforcement entity shall notify the licensing authority of any stay or reinstatement unless the support enforcement entity has suspended the license of the obligor for another delinquency or for failure to comply with a subpoena or warrant and the suspension for the other delinquency or failure to comply with a subpoena or warrant is still in effect. The support enforcement entity shall send a copy of any order staying or reinstating suspension of the license to the obligor.

(6) (a) Upon receipt of a notice staying or reinstating suspension of the license, the licensing authority shall:

(i) enter the information on appropriate records;

(ii) report the action as appropriate; and

(iii) demand surrender of the suspended license or return the reinstated license.

(b) Further action by the licensing authority is not necessary to implement the stay or reinstatement of suspension of the license.
Mont. Code Ann. § 40-5-825 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-825
40-5-825 Rulemaking authority
Status: in_force

40-5-825 . Rulemaking authority. The department may adopt rules to implement this part.
Mont. Code Ann. § 40-1-403 — MT Code / Title 40 / Chapter 1 / Part 4 / Section 40-1-403
40-1-403 Validity of common-law marriage
Status: in_force

40-1-403 . Validity of common-law marriage. Common-law marriages are not invalidated by this chapter. Declarations of marriage pursuant to 40-1-311 through 40-1-313 , 40-1-323 , and 40-1-324 are not invalidated by this chapter.
Mont. Code Ann. § 40-5-431 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-431
40-5-431 Registration of interstate income-withholding orders
Status: in_force

40-5-431 . Registration of interstate income-withholding orders. (1) Whenever an obligor, whether or not the obligor resides in this state, derives income within this state and an order for income withholding of the obligor's income has been issued by another IV-D agency as a means to enforce support orders under Title IV-D of the Social Security Act, that agency may register the income-withholding order with the department. Upon registration of the withholding order issued by an entity other than the department, it must be treated in the same manner and have the same effect as an income-withholding order issued by the department. The provisions of 40-5-1059 through 40-5-1062 apply to this section to the extent that they are consistent with this section.

(2) The application for registration of an order issued by an entity other than the department for income withholding must include:

(a) a certified copy of the support order, with all modifications of the order;

(b) a certified copy of the income-withholding order;

(c) a sworn statement of the facts entitling the agency to issue an income-withholding order, including a statement of the amount of arrearages and a statement that all procedural due process requirements of the other jurisdiction for issuance of the income-withholding order have been carried out in full;

(d) the name, address, and social security number of the obligor;

(e) the name and address of the obligor's employer or of any other payor of income to the obligor if the order for income withholding of the other jurisdiction extends to other income; and

(f) the name and address of the agency or person to whom support payments collected by the department under income-withholding procedures should be transmitted.

(3) When the income-withholding order issued by an entity other than the department is registered, the department shall serve the order upon the payor, with directions to the payor to comply with the order and to deliver the withheld amounts to the department. Registration of an income-withholding order issued by an entity other than the department under this section does not confer jurisdiction for any other purpose, such as modification of the support order, custody, or visitation.
Mont. Code Ann. § 40-5-214 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-214
40-5-214 Scale of suggested minimum contributions
Status: in_force

40-5-214 . Scale of suggested minimum contributions. (1) The department shall establish a scale of suggested minimum contributions to assist counties and courts in determining the amount that a parent should be expected to contribute toward the support of a child under this part. The scale must be based on the uniform child support guidelines adopted by the department under 40-5-209 .

(2) Copies of the scale must be made available to courts, county offices, and county attorneys and, upon request, to any other state or county officer or agency engaged in the administration or enforcement of this part. Attorneys admitted to practice in Montana may have access to the scale.
Mont. Code Ann. § 40-7-312 — MT Code / Title 40 / Chapter 7 / Part 3 / Section 40-7-312
40-7-312 Costs, fees, and expenses
Status: in_force

40-7-312 . Costs, fees, and expenses. (1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(2) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
Mont. Code Ann. § 40-7-108 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-108
40-7-108 Inconvenient forum
Status: in_force

40-7-108 . Inconvenient forum. (1) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the court's own motion, request of another court, or motion of a party.

(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(a) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(b) the length of time that the child has resided outside this state;

(c) the distance between the court in this state and the court in the state that would assume jurisdiction;

(d) the relative financial circumstances of the parties;

(e) any agreement of the parties as to which state should assume jurisdiction;

(f) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(g) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(h) the familiarity of the court of each state with the facts and issues in the pending litigation.

(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition that the court considers just and proper.

(4) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Mont. Code Ann. § 40-4-104 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-104
40-4-104 Dissolution of marriage -- legal separation
Status: in_force

40-4-104 . Dissolution of marriage -- legal separation. (1) The district court shall enter a decree of dissolution of marriage if:

(a) the court finds that one of the parties, at the time the action was commenced, was domiciled in this state, as provided in 25-2-118 , or was stationed in this state while a member of the armed services and that the domicile or military presence has been maintained for 90 days preceding the filing of the action;

(b) the court finds that the marriage is irretrievably broken, which findings must be supported by evidence:

(i) that the parties have lived separate and apart for a period of more than 180 days preceding the commencement of this proceeding; or

(ii) that there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage; and

(c) to the extent it has jurisdiction to do so, the court has considered, approved, or made provision for parenting, the support of any child entitled to support, the maintenance of either spouse, and the disposition of property.

(2) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects.
Mont. Code Ann. § 40-5-1047 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1047
40-5-1047 Employer compliance with income-withholding orders of another state
Status: in_force

40-5-1047 . Employer compliance with income-withholding orders of another state. (1) (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

(2) Except as otherwise provided in 40-5-1048 and subsection (3) of this section, the employer shall withhold and distribute the funds as directed in the income-withholding order by complying with the terms of the order that specify:

(a) the duration and amount of periodic payments of current child support, stated as a sum certain;

(b) the person designated to receive payments and the address to which the payments are to be forwarded;

(c) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(d) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(e) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(3) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(a) the employer's fee for processing an income-withholding order;

(b) the maximum amount permitted to be withheld from the obligor's income; and

(c) the times within which the employer must implement the income-withholding order and forward the child support payment.
Mont. Code Ann. § 40-15-406 — MT Code / Title 40 / Chapter 15 / Part 4 / Section 40-15-406
40-15-406 Immunity
Status: in_force

40-15-406 . Immunity. This state or a local governmental agency or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part.
Mont. Code Ann. § 40-3-132 — MT Code / Title 40 / Chapter 3 / Part 1 / Section 40-3-132
40-3-132 No fees
Status: in_force

40-3-132 . No fees. No fee may be charged for filing the stipulation.
Mont. Code Ann. § 40-5-210 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-210
40-5-210 Standardized fee schedule -- rules
Status: in_force

40-5-210 . Standardized fee schedule -- rules. (1) The department may charge an application fee to each person applying for services under 40-5-203 , except that the fee may not be charged to persons who receive continuing services under 40-5-203 (3). The application fee may be:

(a) a flat dollar amount; or

(b) an amount based on a sliding fee schedule that is based on the applicant's income level.

(2) If paternity is established or presumed under 40-5-234 for the alleged father, the fees for paternity genetic testing may be recovered from the parent, whether the alleged father or the mother, denying paternity of the alleged father. The total amount of the paternity genetic testing fee may not exceed the actual costs of the paternity genetic tests. A bill for a paternity genetic test is admissible in evidence without third-party foundation testimony.

(3) The department may not charge a handling fee for payment of support collected and distributed to an obligee who is not a recipient of public assistance.

(4) The department may charge an obligor a late payment fee for each late payment of support collected on behalf of any obligee.

(5) The department may establish a fee schedule in order to recover costs and expenses in excess of the application, handling, and late fees. The fees must be commensurate with costs or an average of the expenditures related to specific or routine activities.

(a) The department shall develop procedures for determining whether it is appropriate for either the obligor or the obligee to be responsible for payment of the fee. In developing the procedures, the department shall consider federal regulations promulgated under Title IV-D of the Social Security Act.

(b) In an action to establish paternity or to establish or enforce a child support obligation, whether in district court or by administrative process, the department must be awarded costs in the amount established in the fee schedule as part of any judgment, decree, or order whenever the department:

(i) is a prevailing party in the action; or

(ii) is not a party but incurs expenses and costs related to the action.

(6) The department may collect the fees awarded under this section by one of the following means:

(a) if the fee is owed by an obligor, the fee may be:

(i) collected through any remedy available to the department for the collection of child support arrearages; or

(ii) deducted from any payments made by the obligor before the payment is distributed to the obligee. Credit for the payment must be reduced by the amount of the deduction for the fee. The deduction for fees may not reduce any current support due to the obligee. The deduction for a late payment fee may not reduce any current or past-due support due to the obligee.

(b) if the fee is owed by the obligee, the fee may be collected separately through any remedy available to the department for the collection of child support or, if the fee has been assessed and deducted from the collection by an entity other than the department, the department may withhold the fee amount out of any payment collected on behalf of the obligee. The obligor must receive full credit for the payment as if the withholding of fees did not occur.

(7) The department, upon a showing of necessity, may waive or defer any fee assessed under this section.

(8) The department may adopt rules necessary to implement fee schedules under this section.

(9) The fees and costs charged and collected under this section must be paid monthly into the state treasury to the credit of the child support enforcement division special revenue fund and must be accompanied by a detailed statement of the amounts collected.

(10) A district court may not order the department to charge or collect fees, except as authorized under this section and rules implementing this section.
Mont. Code Ann. § 40-5-1032 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1032
40-5-1032 Nondisclosure of information in exceptional circumstances
Status: in_force

40-5-1032 . Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Mont. Code Ann. § 40-5-301 — MT Code / Title 40 / Chapter 5 / Part 3 / Section 40-5-301
40-5-301 Short title
Status: in_force

40-5-301 . Short title. This part may be cited as the "Child Support Income Deduction Act of 1981".
Mont. Code Ann. § 40-5-404 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-404
40-5-404 Other remedies available
Status: in_force

40-5-404 . Other remedies available. (1) (a) The remedies provided in this part are in addition to and not in substitution for any other remedy that may otherwise be available to the department, and the department may simultaneously pursue other remedies to enforce a support obligation or to collect support arrearages.

(b) If the department is enforcing a support order of another state, an Indian tribe, or a foreign country under this part, the department may proceed under Title 40, chapter 5, part 10.

(2) (a) The department may enforce a support order of another state, an Indian tribe, or a foreign country under this part without registration of the support order under 40-5-271 , 40-5-1052 , or any other law providing for registration of support orders.

(b) If the department is enforcing an order under subsection (2)(a), in addition to those defenses available under this part, a party may contest the validity of the support order by proving any defense contained in 40-5-1061 .
Mont. Code Ann. § 40-5-1018 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1018
40-5-1018 Continuing, exclusive jurisdiction to modify spousal support order
Status: in_force

40-5-1018 . Continuing, exclusive jurisdiction to modify spousal support order. (1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

(2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

(3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(a) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or

(b) a responding tribunal to enforce or modify its own spousal support order.
Mont. Code Ann. § 40-4-219 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-219
40-4-219 Amendment of parenting plan -- mediation
Status: in_force

40-4-219 . Amendment of parenting plan -- mediation. (1) The court may in its discretion amend a prior parenting plan if it finds, upon the basis of facts that have arisen since the prior plan or that were unknown to the court at the time of entry of the prior plan, that a change has occurred in the circumstances of the child and that the amendment is necessary to serve the best interest of the child.

(a) In determining how a proposed change will affect the child, the court shall consider the potential impact of the change on the criteria in 40-4-212 and whether:

(i) the parents agree to the amendment;

(ii) the child has been integrated into the family of the petitioner with consent of the parents;

(iii) the child is 14 years of age or older and desires the amendment; or

(iv) one parent has willfully and consistently:

(A) refused to allow the child to have any contact with the other parent; or

(B) attempted to frustrate or deny contact with the child by the other parent.

(b) If one parent has changed or intends to change the child's residence in a manner that significantly affects the child's contact with the other parent, the court shall consider, in addition to all the criteria in 40-4-212 and subsection (1)(a):

(i) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties;

(ii) the reasons of each parent for seeking or opposing the change of residence;

(iii) whether the parent seeking to change the child's residence has demonstrated a willingness to promote the relationship between the child and the nonrelocating parent; and

(iv) whether reasonable alternatives to the proposed change of residence are available to the parent seeking to relocate.

(2) A court may modify a de facto parenting arrangement in accordance with the factors set forth in 40-4-212 .

(3) The court shall presume a parent is not acting in the child's best interest if the parent does any of the acts specified in subsection (1)(a)(iv) or (8).

(4) The court may amend the prior parenting plan based on subsection (1)(b) to provide a new residential schedule for parental contact with the child and to apportion transportation costs between the parents.

(5) Attorney fees and costs must be assessed against a party seeking frivolous or repeated amendment if the court finds that the amendment action is vexatious and constitutes harassment.

(6) A parenting plan may be amended pursuant to 40-4-221 upon the death of one parent.

(7) As used in this section, "prior parenting plan" means a parenting determination contained in a judicial decree or order made in a parenting proceeding. In proceedings for amendment under this section, a proposed amended parenting plan must be filed and served with the motion for amendment and with the response to the motion for amendment. Preference must be given to carrying out the parenting plan.

(8) (a) If a parent or other person residing in that parent's household has been convicted of any of the crimes listed in subsection (8)(b), the other parent or any other person who has been granted rights to the child pursuant to court order may file an objection to the current parenting order with the court. The parent or other person having rights to the child pursuant to court order shall give notice to the other parent of the objection as provided by the Montana Rules of Civil Procedure, and the other parent has 21 days from the notice to respond. If the parent who receives notice of objection fails to respond within 21 days, the parenting rights of that parent are suspended until further order of the court. If that parent responds and objects, a hearing must be held within 30 days of the response.

(b) This subsection (8) applies to the following crimes:

(i) deliberate homicide, as described in 45-5-102 ;

(ii) mitigated deliberate homicide, as described in 45-5-103 ;

(iii) sexual assault, as described in 45-5-502 ;

(iv) sexual intercourse without consent, as described in 45-5-503 ;

(v) deviate sexual conduct with an animal or dead human body, as described in 45-2-101 and prohibited under 45-8-218 ;

(vi) incest, as described in 45-5-507 ;

(vii) child sex trafficking, as described in 45-5-711 ;

(viii) endangering the welfare of children, as described in 45-5-622 ;

(ix) partner or family member assault of the type described in 45-5-206 (1)(a);

(x) sexual abuse of children, as described in 45-5-625 ; and

(xi) strangulation of a partner or family member, as described in 45-5-215 .

(9) Except in cases of physical, sexual, or emotional abuse or threat of physical, sexual, or emotional abuse by one parent against the other parent or the child or when a parent has been convicted of a crime enumerated in subsection (8)(b), the court may, in its discretion, order the parties to participate in a dispute resolution process to assist in resolving any conflicts between the parties regarding amendment of the parenting plan. The dispute resolution process may include counseling or mediation by a specified person or agency, and court action.

(10) (a) Except as provided in subsection (10)(b), a court-ordered or de facto modification of a parenting plan based in whole or in part on military service orders of a parent is temporary and reverts to the previous parenting plan at the end of the military service. If a motion for an amendment of a parenting plan is filed after a parent returns from military service, the court may not consider a parent's absence due to that military service in its determination of the best interest of the child.

(b) A parent who has performed or is performing military service, as defined in 10-1-1003 , may consent to a temporary or permanent modification of a parenting plan:

(i) for the duration of the military service; or

(ii) that continues past the end of the military service.
Mont. Code Ann. § 40-5-424 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-424
40-5-424 Civil liability for failure to comply with income-withholding order
Status: in_force

40-5-424 . Civil liability for failure to comply with income-withholding order. (1) A payor who fails to withhold and deliver support money from the obligor's income when ordered to do so under 40-5-415 is liable to the department for any amount up to the accumulated amount the payor should have withheld and delivered.

(2) No payor who complies with an order to withhold under this part is liable for wrongful withholding to the obligor or to any other person claiming rights derived from the obligor.
Mont. Code Ann. § 40-5-1073 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1073
40-5-1073 Definitions
Status: in_force

40-5-1073 . Definitions. In 40-5-1073 through 40-5-1085 :

(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(2) "Central authority" means the entity designated by the United States or a foreign country described in 40-5-1002 (5)(d) to perform the functions specified in the convention.

(3) "Convention support order" means a support order of a tribunal of a foreign country described in 40-5-1002 (5)(d).

(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.

(5) "Foreign central authority" means the entity designated by a foreign country described in 40-5-1002 (5)(d) to perform the functions specified in the convention.

(6) "Foreign support agreement":

(a) means an agreement for support in a record that:

(i) is enforceable as a support order in the country of origin;

(ii) has been:

(A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and

(iii) may be reviewed and modified by a foreign tribunal; and

(b) includes a maintenance arrangement or authentic instrument under the convention.

(7) "United States central authority" means the secretary of the United States department of health and human services.
Mont. Code Ann. § 40-6-114 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-114
40-6-114 Pretrial recommendations
Status: in_force

40-6-114 . Pretrial recommendations. (1) On the basis of the information produced at the pretrial hearing, the judge or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:

(a) that the action be dismissed with or without prejudice;

(b) that the matter be compromised by an agreement among the alleged father, the mother, and the child, in which the father and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge or referee conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge or referee conducting the hearing shall consider the best interest of the child in the light of the factors enumerated in 40-6-116 (5), discounted by the improbability, as it appears to the judge or referee, of establishing the alleged father's paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father's identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on the alleged father.

(c) that the alleged father voluntarily acknowledge paternity of the child.

(2) If the parties accept a recommendation made in accordance with subsection (1), judgment must be entered accordingly.

(3) If a party refuses to accept a recommendation made under subsection (1) and paternity tests have not been taken, the court shall require the parties to submit to paternity tests, if practicable. Thereafter, the judge or referee shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action must be set for trial.

(4) If the scientific evidence resulting from the paternity tests conclusively shows that the defendant could not have been the father, then the action must be dismissed.

(5) The guardian ad litem may accept or refuse to accept a recommendation under this section.

(6) The informal hearing may be terminated and the action set for trial if the judge or referee conducting the hearing finds unlikely that all parties would accept a recommendation made under subsection (1) or (3).
Mont. Code Ann. § 40-5-1076 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1076
40-5-1076 Initiation by department of public health and human services of support proceeding under convention
Status: in_force

40-5-1076 . Initiation by department of public health and human services of support proceeding under convention. (1) In a support proceeding under 40-5-1073 through 40-5-1085 , the department of public health and human services of this state shall:

(a) transmit and receive applications; and

(b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(2) The following support proceedings are available to an obligee under the convention:

(a) recognition or recognition and enforcement of a foreign support order;

(b) enforcement of a support order issued or recognized in this state;

(c) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(d) establishment of a support order if recognition of a foreign support order is refused under 40-5-1080 (2)(b), (2)(d), or (2)(i);

(e) modification of a support order of a tribunal of this state; and

(f) modification of a support order of a tribunal of another state or foreign country.

(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:

(a) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(b) modification of a support order of a tribunal of this state; and

(c) modification of a support order of a tribunal of another state or a foreign country.

(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
Mont. Code Ann. § 40-5-921 — MT Code / Title 40 / Chapter 5 / Part 9 / Section 40-5-921
40-5-921 Certification of records
Status: in_force

40-5-921 . Certification of records. (1) Copies, including optically scanned copies, of support payment records, abstracts, and any supporting documents maintained by the case registry and payment processing unit, when certified by a designated employee of the department, must, without further proof or foundation, be admitted into evidence in any legal proceedings.

(2) Support payment records for a case maintained in the case registry and payment processing unit constitute prima facie evidence of the amount of support paid and arrearages that have accrued since the department began to process and monitor support payments through the unit.

(3) Copies of judicial orders and other documents on file with a clerk of court, when transmitted to the department by the clerk by facsimile or other electronic means, are rebuttably presumed to be true and correct copies of the original documents and may be offered into evidence, without authentication or verification, in a department proceeding under this part. A person contesting the authenticity of the document may rebut the presumption with a certified copy of the original document.
Mont. Code Ann. § 40-7-204 — MT Code / Title 40 / Chapter 7 / Part 2 / Section 40-7-204
40-7-204 Temporary emergency jurisdiction
Status: in_force

40-7-204 . Temporary emergency jurisdiction. (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(2) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under 40-7-201 through 40-7-203 , a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under 40-7-201 through 40-7-203 . If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under 40-7-201 through 40-7-203 , a child custody determination made under this section becomes a final determination if it so provides and this state becomes the home state of the child.

(3) If there is a previous child custody determination that is entitled to be enforced under this chapter or a child custody proceeding has been commenced in a court of a state having jurisdiction under 40-7-201 through 40-7-203 , any order issued by a court of this state under this section must specify in the order a period of time that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under 40-7-201 through 40-7-203 . The order issued in this state remains in effect until an order is obtained from the other state within the period specified or until the period expires.

(4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under 40-7-201 through 40-7-203 , shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to 40-7-201 through 40-7-203 , upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state. The purpose of the communication is to resolve the emergency, to protect the safety of the parties and the child, and to determine a period for the duration of the temporary order.
Mont. Code Ann. § 40-3-130 — MT Code / Title 40 / Chapter 3 / Part 1 / Section 40-3-130
40-3-130 Filing of stipulation to stay
Status: in_force

40-3-130 . Filing of stipulation to stay. At any time after the filing of an action for dissolution, legal separation, or annulment, the parties may stipulate to stay the proceedings to allow the parties to explore a reconciliation of the marriage.
Mont. Code Ann. § 40-4-130 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-130
40-4-130 Summary dissolution -- conditions necessary at commencement of proceedings
Status: in_force

40-4-130 . Summary dissolution -- conditions necessary at commencement of proceedings. A marriage may be dissolved by the summary dissolution procedure specified in 40-4-130 through 40-4-136 if all of the following conditions exist on the date the proceeding is commenced:

(1) Each party has met the requirements of 40-4-104 with regard to dissolution of marriage.

(2) Irreconcilable differences have caused the irretrievable breakdown of the marriage, and both parties agree that the marriage should be dissolved.

(3) The wife is not pregnant and:

(a) there are no children from the relationship born before or during the marriage or adopted by the parties during the marriage; or

(b) the parties have executed an agreed-upon parenting plan and the child support and medical support have been determined by judicial or administrative order for all children from the relationship born before or during the marriage or adopted by the parties during the marriage.

(4) (a) Except as provided in subsection (4)(b), neither party has any interest in real property.

(b) The limitation of subsection (4)(a) does not apply to the lease of a residence occupied by either party if the lease does not include an option to purchase and if it terminates within 1 year from the date of the filing of the petition.

(5) There are no unpaid, unsecured obligations in excess of $20,000 incurred by either or both of the parties after the date of their marriage.

(6) The total fair market value of assets, excluding secured obligations, is less than $50,000.

(7) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.

(8) The parties waive any right to maintenance.

(9) The parties, upon entry of final judgment of dissolution of marriage, irrevocably waive their respective rights to appeal the terms of the dissolution and their rights to move for a new trial on the dissolution.

(10) The parties have read and state that they understand the contents of the summary dissolution brochure provided for in 40-4-136 .

(11) The parties desire that the court dissolve the marriage.
Mont. Code Ann. § 40-2-606 — MT Code / Title 40 / Chapter 2 / Part 6 / Section 40-2-606
40-2-606 When agreement becomes effective
Status: in_force

40-2-606 . When agreement becomes effective. A premarital agreement becomes effective upon marriage.
Mont. Code Ann. § 40-5-307 — MT Code / Title 40 / Chapter 5 / Part 3 / Section 40-5-307
40-5-307 Delinquency of child support denied -- hearing
Status: in_force

40-5-307 . Delinquency of child support denied -- hearing. If, within 15 days after service of a notice under 40-5-305 , the obligor responds to the notice and denies that income withholding initiated because of a delinquency is proper or denies that the amount or arrearages stated in the notice is owing, the district court shall hold a hearing to determine whether income withholding will take place or continue.
Mont. Code Ann. § 40-6-403 — MT Code / Title 40 / Chapter 6 / Part 4 / Section 40-6-403
40-6-403 Court jurisdiction -- hospital immunity
Status: in_force

40-6-403 . Court jurisdiction -- hospital immunity. (1) The court has jurisdiction over a newborn who is surrendered to an emergency services provider as provided in 40-6-405 . The court may appoint a guardian ad litem to represent a newborn in proceedings under this part.

(2) Except as provided in 40-6-406 , the reporting requirements of 41-3-201 do not apply regarding a newborn who is surrendered to an emergency services provider as provided in 40-6-405 .

(3) A hospital and the agents and employees of the hospital are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this part, except for an act or omission constituting gross negligence or willful or wanton misconduct.
Mont. Code Ann. § 40-5-711 — MT Code / Title 40 / Chapter 5 / Part 7 / Section 40-5-711
40-5-711 Termination of order to suspend license
Status: in_force

40-5-711 . Termination of order to suspend license. (1) Except as provided in subsection (3), when the support enforcement entity determines that the support debt or support obligation is paid in full or the obligor has complied with the subpoena or warrant, it shall terminate the order suspending the license. The support enforcement entity shall send a copy of the order terminating the suspension of the license to the obligor.

(2) Entry of an order terminating suspension of a license does not limit the ability of a support enforcement entity to issue a new order suspending the license of the same obligor in the event of another delinquency or failure to comply with a subpoena or warrant.

(3) A suspension of a conservation activity license is effective for the license year. The suspension does not terminate if the support enforcement entity determines that the support debt or support obligation is paid in full or the obligor has complied with the subpoena or warrant.
Mont. Code Ann. § 40-2-314 — MT Code / Title 40 / Chapter 2 / Part 3 / Section 40-2-314
40-2-314 Effect of recording
Status: in_force

40-2-314 . Effect of recording. Except as provided in part 6 of this chapter, the recording or nonrecording of such contract has a like effect as the recording or nonrecording of a grant of real property.
Mont. Code Ann. § 40-5-1001 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1001
40-5-1001 Short title
Status: in_force

40-5-1001 . Short title. This part may be cited as the "Uniform Interstate Family Support Act".
Mont. Code Ann. § 40-5-1008 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1008
40-5-1008 Bases for jurisdiction over nonresident
Status: in_force

40-5-1008 . Bases for jurisdiction over nonresident. (1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(a) the individual is personally served with notice within this state;

(b) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(c) the individual resided with the child in this state;

(d) the individual resided in this state and provided prenatal expenses or support for the child;

(e) the child resides in this state as a result of the acts or directives of the individual;

(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(g) the individual asserted parentage of a child in the putative father registry maintained in this state by the department of public health and human services; or

(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(2) The bases of personal jurisdiction set forth in subsection (1) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of 40-5-1065 are met or, in the case of a foreign support order, unless the requirements of 40-5-1069 are met.
Mont. Code Ann. § 40-5-313 — MT Code / Title 40 / Chapter 5 / Part 3 / Section 40-5-313
40-5-313 Obligor rights protected -- penalties
Status: in_force

40-5-313 . Obligor rights protected -- penalties. (1) An employer may not discharge, discipline, or refuse to hire a person because:

(a) the person has a child support obligation;

(b) a withholding order has been issued for the person's income; or

(c) proceedings have been initiated under this part.

(2) An employer who violates the provisions of this section may be fined not more than $100.
Mont. Code Ann. § 40-4-208 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-208
40-4-208 Modification and termination of provisions for maintenance, support, and property disposition
Status: in_force

40-4-208 . Modification and termination of provisions for maintenance, support, and property disposition. (1) Except as otherwise provided in 40-4-201 (6), a decree may be modified by a court as to maintenance or support only as to installments accruing subsequent to actual notice to the parties of the motion for modification.

(2) (a) Except as provided in 40-4-251 through 40-4-258 , whenever the decree proposed for modification does not contain provisions relating to maintenance or support, modification under subsection (1) may only be made within 2 years of the date of the decree.

(b) Except as provided in 40-4-251 through 40-4-258 , whenever the decree proposed for modification contains provisions relating to maintenance or support, modification under subsection (1) may only be made:

(i) upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable;

(ii) upon written consent of the parties; or

(iii) upon application by the department of public health and human services, whenever the department of public health and human services is providing services under Title IV-D of the federal Social Security Act. The support obligation must be modified, as appropriate, in accordance with the guidelines promulgated under 40-5-209 . Except as provided in 40-4-251 through 40-4-258 , a modification under this subsection may not be made within 12 months after the establishment of the order or the most recent modification.

(c) The nonexistence of a medical support order, as defined in 40-5-804 , or a violation of a medical support order justifies an immediate modification of child support in order to:

(i) provide for the actual or anticipated costs of the child's medical care;

(ii) provide or maintain a health benefit plan or individual health insurance coverage for the child; or

(iii) eliminate any credit for a medical support obligation when it has been permitted or used as a credit in the determination of the child support obligation.

(3) The provisions as to property disposition may not be revoked or modified by a court except:

(a) upon written consent of the parties; or

(b) if the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.

(4) Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

(5) Except as provided in subsection (6), provisions for the support of a child are terminated by emancipation of the child or the child's graduation from high school if the child is enrolled in high school, whichever occurs later, but in no event later than the child's 19th birthday, unless the termination date is extended or knowingly waived by written agreement or by an express provision of the decree.

(6) (a) Provisions for the support of a child who has not been emancipated by the court are not terminated solely on the basis of the child's age if the child has a disability that causes the child to be financially dependent on the custodial parent and the custodial parent is the child's primary caregiver.

(b) The obligation to pay child support for the individual with a disability continues until the court finds that the individual is no longer disabled or is no longer financially dependent on the custodial parent if:

(i) the decree ordering provisions for the support of a child is issued on or after July 1, 2019; or

(ii) the decree ordering provisions for the support of a child is already in effect on July 1, 2019, and has not been terminated.

(c) If a decree ordering provisions for the support of a child has been terminated prior to July 1, 2019, on the basis that the individual with a disability has turned 19 years of age but the individual remains financially dependent on the custodial parent and the custodial parent continues to serve as the individual's primary caregiver, the custodial parent may petition the court to issue a new child support order or reinstate the terminated child support order until the court finds that the individual is no longer disabled or is no longer financially dependent on the custodial parent.

(d) In assessing the amount of the continuing financial obligation of the noncustodial parent under this subsection (6), the court shall consider the child's eligibility for public benefits and services and other factors enumerated in this section.

(7) Provisions for the support of a child do not terminate upon the death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of support may be modified, revoked, or commuted to a lump-sum payment, to the extent just and appropriate in the circumstances.

(8) The decree may be modified, as provided in 40-4-251 through 40-4-258 , for failure to disclose assets and liabilities.
Mont. Code Ann. § 40-5-1070 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1070
40-5-1070 Procedure to register child support order of foreign country for modification
Status: in_force

40-5-1070 . Procedure to register child support order of foreign country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under 40-5-1055 through 40-5-1062 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
Mont. Code Ann. § 40-5-1066 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1066
40-5-1066 Recognition of order modified in another state
Status: in_force

40-5-1066 . Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:

(1) may enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) may provide appropriate relief for violations of its order that occurred before the effective date of the modification; and

(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Mont. Code Ann. § 40-2-610 — MT Code / Title 40 / Chapter 2 / Part 6 / Section 40-2-610
40-2-610 Limitation of actions
Status: in_force

40-2-610 . Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
Mont. Code Ann. § 40-16-122 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-122
40-16-122 Modification of confirmed award or judgment
Status: in_force

40-16-122 . Modification of confirmed award or judgment. If a party requests under the law of this state a modification of an award confirmed under 40-16-116 or judgment on the award based on a fact occurring after confirmation:

(1) the parties shall proceed under the dispute resolution method specified in the award or judgment; or

(2) if the award or judgment does not specify a dispute resolution method, the parties may:

(a) agree to arbitrate the modification before the original arbitrator or another arbitrator; or

(b) absent agreement, proceed under the appropriate law of this state governing modification of a judgment.
Mont. Code Ann. § 40-5-812 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-812
40-5-812 Obligations of health benefit plan
Status: in_force

40-5-812 . Obligations of health benefit plan. (1) Upon receipt of a medical support order requiring a parent to provide coverage for a child or an order requiring enrollment of a child pursuant to 40-5-810 , the administrator of a health benefit plan who receives the order shall accept the order as a valid authorization to enroll or provide benefits to the child. The health benefit plan may rely upon the face of the order and need not inquire as to its legal sufficiency.

(2) A plan administrator shall give the nonobligated parent, the department, whenever public assistance is paid to the child, or a third-party custodian all notices and correspondence from the plan and allow them to freely communicate and interact with the plan in all respects regarding the child's benefits as fully and effectively as if done by the obligated parent.

(3) A copy of the medical support order or an order requiring enrollment of the child pursuant to 40-5-810 must be accepted by the plan administrator as a request and application of the eligible obligated parent requesting that new or continued benefits, including continuation coverage available under COBRA, be provided for the child. As soon as practical and no later than 30 days after receipt of the order or upon the obligated parent obtaining eligibility, the child must be enrolled under the plan as an individual entitled to available benefits. Enrollment may not be delayed until an open enrollment period.

(4) If a plan is provided by an employer or other payor of income, the payor shall deduct the necessary premiums, if any, from the income of the obligated parent and remit the premiums to the plan as provided in 40-5-813 .

(5) Within 30 days after receipt of a copy of a medical support order or within 40 working days after the date of an order issued pursuant to 40-5-810 , the health benefit plan shall give written notice to both parents, to the department, and to any third-party custodian setting forth the status of the child's enrollment in the plan and the addresses and telephone numbers of the offices where further information can be obtained and where changes of address and other updated information should be submitted.

(6) If coverage is transferred to a different plan, within 30 days of transfer, the new plan shall provide written notice to both parents, to the department, whenever public assistance is paid for the child, or to the third-party custodian setting forth the status of the child's enrollment in the plan and the addresses and telephone numbers of the offices where further information can be obtained and where changes of address and other updated information should be submitted.

(7) A plan administrator may not terminate a child's coverage unless:

(a) written evidence shows that the medical support order or the order requiring enrollment of the child pursuant to 40-5-810 is no longer in effect, that the child will be enrolled in another health benefit plan, or that individual insurance is provided;

(b) the employer, union, or other group eliminates coverage for all members or employees;

(c) the plan is available through the obligated parent's employer or other payor of income and the obligated parent's employment or right to receive income from the payor is terminated and continued coverage under COBRA is not available or the time for such coverage is expired; or

(d) the plan is available through the obligated parent's employer or other payor of income, the amount of the premium or the premium together with child support exceeds the limits in this section, and the other parent, the department, or the third-party custodian has not cured the insufficiency under 40-5-811 .
Mont. Code Ann. § 40-2-607 — MT Code / Title 40 / Chapter 2 / Part 6 / Section 40-2-607
40-2-607 Amendment -- revocation
Status: in_force

40-2-607 . Amendment -- revocation. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by both parties. The amended agreement or the revocation is enforceable without consideration.
Mont. Code Ann. § 40-5-1089 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1089
40-5-1089 Conditions of rendition
Status: in_force

40-5-1089 . Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this part or that the proceeding would be of no avail.

(2) If, under this part or a law substantially similar to this part, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Mont. Code Ann. § 40-5-818 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-818
40-5-818 Nonexclusion -- nondiscrimination by health benefit plan
Status: in_force

40-5-818 . Nonexclusion -- nondiscrimination by health benefit plan. A health benefit plan may not deny or limit enrollment of an obligated parent's child or discriminate against a child because:

(1) the child is not claimed as a dependent on the obligated parent's state or federal income tax return or considered as a dependent for tax purposes;

(2) the child was born out of wedlock;

(3) the child does not reside with the obligated parent;

(4) the child does not reside in the health plan's service area. A plan that provides medical care at particular locations or geographic areas shall also provide comparable benefits for a child whose residence or location is elsewhere.

(5) the natural child of the obligated parent has a preexisting condition, unless the plan does not provide for enrollment or provides only for limited enrollment of children with preexisting conditions.
Mont. Code Ann. § 40-5-1077 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1077
40-5-1077 Direct request
Status: in_force

40-5-1077 . Direct request. (1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, 40-5-1078 through 40-5-1085 apply.

(3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:

(a) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(b) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

(4) A petitioner filing a direct request is not entitled to assistance from the department of public health and human services.

(5) Sections 40-5-1073 through 40-5-1085 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Mont. Code Ann. § 40-5-1043 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1043
40-5-1043 Proceeding to determine parentage
Status: in_force

40-5-1043 . Proceeding to determine parentage. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding brought under this part to determine parentage of a child.
Mont. Code Ann. § 40-2-602 — MT Code / Title 40 / Chapter 2 / Part 6 / Section 40-2-602
40-2-602 Application and construction
Status: in_force

40-2-602 . Application and construction. This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among the states enacting it.
Mont. Code Ann. § 40-5-709 — MT Code / Title 40 / Chapter 5 / Part 7 / Section 40-5-709
40-5-709 Nondisciplinary suspension for failure to pay child support
Status: in_force

40-5-709 . Nondisciplinary suspension for failure to pay child support. Notwithstanding any other provision of this title, the support enforcement entity has the authority to suspend a license or privilege to obtain a license under this part without any action by the licensing authority. The licensing authority shall, upon receipt of notice of suspension of the license under 40-5-703 (5) from the support enforcement entity, suspend the license or privilege to obtain a license of the named individual. The suspension must be nondisciplinary for professional or occupational licenses, and the provisions of 2-4-631 do not apply.
Mont. Code Ann. § 40-5-209 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-209
40-5-209 Child support guidelines -- periodic review -- guidelines review committee
Status: in_force

40-5-209 . Child support guidelines -- periodic review -- guidelines review committee. (1) The department shall adopt uniform child support guidelines to be used to determine minimum child support amounts. In addition to giving notice and publicizing the rules as provided in the Montana Administrative Procedure Act, the department shall give notice to the supreme court, the district courts, and the state bar of Montana prior to adopting the guidelines.

(2) The guidelines must consider the factors set forth in 40-4-204 (2) and 40-6-116 (5).

(3) At least once every 4 years, the department shall:

(a) review the uniform child support guidelines employed to determine child support obligations to ensure that their application results in the determination of appropriate child support award amounts;

(b) provide for review of the guidelines by a certified public accountant as needed; and

(c) propose any appropriate modification to the legislature.

(4) (a) There is a guidelines review committee within the department.

(b) The committee shall:

(i) meet at least quarterly; and

(ii) research, develop, and recommend proposed policy changes to the department regarding the Montana child support guidelines.

(5) (a) The department shall appoint members to the committee and provide for its administration in accordance with applicable federal regulations and guidelines.

(b) The department shall ensure that the committee includes:

(i) one member with expertise in child support who is not an employee of the department; and

(ii) one member with lived experience related to child support.

(6) The public members of the committee shall serve without compensation but may be reimbursed as provided in 2-18-501 through 2-18-503 , subject to available funding.
Mont. Code Ann. § 40-5-224 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-224
40-5-224 Finding of support liability based upon payment of public assistance -- support lien -- bond to release warrant -- action to collect
Status: in_force

40-5-224 . Finding of support liability based upon payment of public assistance -- support lien -- bond to release warrant -- action to collect. (1) If the department reasonably believes that the obligor is not a resident of this state or is about to move from this state or has hidden, absconded, or left or has removed or is about to remove, secrete, waste, or otherwise dispose of property that could be made subject to collection action to satisfy the support debt, the department may issue a support lien pursuant to 40-5-248 during the pendency of a collection action initiated by a notice under this chapter. Further action may not be taken on the lien until final determination of the collection action. The department shall make and file in the record of the pending collection action an affidavit stating the reasons upon which the belief is founded. The obligor may furnish a bond, not to exceed the amount of the support debt, during pendency of the collection action, and in that case, liens issued must be released. If the collection action is resolved in favor of the obligor, any lien issued under this section must be amended or released.

(2) The department may commence action under the provisions of this part to collect the support debt on the date of issuance of the decision resulting from a collection action or upon the obligor's failure to timely request a hearing in a pending collection action.
Mont. Code Ann. § 40-5-1060 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1060
40-5-1060 Procedure to contest validity or enforcement of registered support order
Status: in_force

40-5-1060 . Procedure to contest validity or enforcement of registered support order. (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by 40-5-1059 . A court hearing may be conducted by teleconferencing methods. A support enforcement agency hearing must initially be conducted by teleconferencing methods and is subject to the Montana Administrative Procedure Act. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to 40-5-1061 .

(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
Mont. Code Ann. § 40-7-316 — MT Code / Title 40 / Chapter 7 / Part 3 / Section 40-7-316
40-7-316 Role of law enforcement
Status: in_force

40-7-316 . Role of law enforcement. At the request of a prosecutor acting under 40-7-315 , a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and to assist a prosecutor with responsibilities under 40-7-315 .
Mont. Code Ann. § 40-4-201 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-201
40-4-201 Separation agreement
Status: in_force

40-4-201 . Separation agreement. (1) To promote amicable settlement of disputes between parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, parenting, and parental contact with their children. In cases in which children are involved, the separation agreement may contain a parenting plan as required in 40-4-234 .

(2) Subject to subsection (7), in a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the support, parenting, and parental contact with children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable.

(3) If the court finds the separation agreement unconscionable, it may request that the parties submit a revised separation agreement or it may make orders for the disposition of property, maintenance, and support.

(4) If the court finds that the separation agreement is not unconscionable as to disposition of property or maintenance and not unsatisfactory as to support:

(a) unless the separation agreement provides to the contrary, its terms must be set forth in the decree of dissolution or legal separation and the parties ordered to perform them; or

(b) if the separation agreement provides that its terms may not be set forth in the decree, the decree must identify the separation agreement and state that the court has found the terms not unconscionable.

(5) Terms of the agreement set forth in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt, and are enforceable as contract terms.

(6) Except as provided in subsection (7) and except for terms concerning the support, parenting, or parental contact with the children, the decree may expressly preclude or limit modification of terms set forth in the decree if provided for in the separation agreement. Otherwise, terms of a separation agreement set forth in the decree are automatically modified by modification of the decree.

(7) The decree may be modified, as provided in 40-4-251 through 40-4-258 , for failure to disclose assets and liabilities.

(8) The court shall seal any qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code, 26 U.S.C. 414(p), that is issued under this part except for access by the pension plan administrator of the plan for which benefits are being distributed by the order, the child support enforcement division, the parties, and each party's counsel of record.
Mont. Code Ann. § 40-4-258 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-258
40-4-258 Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure
Status: in_force

40-4-258 . Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure. A disclosure required by 40-4-252 through 40-4-254 does not abrogate the attorney work product privilege or the formal discovery procedures provided by the Montana Rules of Civil Procedure or does not impede the power of the court to issue protective orders.
Mont. Code Ann. § 40-4-215 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-215
40-4-215 Investigations and reports
Status: in_force

40-4-215 . Investigations and reports. (1) If a parent or a court-appointed third party requests, or if the court finds that a parenting proceeding is contested, the court may order an investigation and report concerning parenting arrangements for the child. The investigator may be the child's guardian ad litem or other professional considered appropriate by the court. The department of public health and human services may not be ordered to conduct the investigation or draft a report unless the person requesting the investigation is a recipient of cash assistance, as defined in 53-4-201 , or a participant in the food stamp program, as defined in 53-2-902 , and all reasonable options for payment of the investigation, if conducted by a person not employed by the department, are exhausted. The department may consult with any investigator and share information relevant to the child's best interests. The cost of the investigation and report must be paid according to the final order. The cost of the educational evaluation under subsection (2)(a) must be paid by the state as provided in 3-5-901 .

(2) The court shall determine, if appropriate, the level of evaluation necessary for adequate investigation and preparation of the report, which may include one or more of the following:

(a) parenting education;

(b) mediation pursuant to 40-4-301 ;

(c) factfinding by the investigator; and

(d) psychological evaluation of the parties.

(3) In preparing a report concerning a child, the investigator may consult any person who has information about the child and the child's potential parenting arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. Except as required for children 16 years of age or older, the investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the persons or entities authorized by law to grant or withhold access to the records. The child's consent must be obtained if the child is 16 years of age or older unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (4) are fulfilled, the investigator's report may be received in evidence at the hearing.

(4) The investigator shall mail the investigator's report to counsel and to any party not represented by counsel at least 10 days prior to the hearing. When consistent with state and federal law, the investigator shall make available to counsel and to any party not represented by counsel the investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (3), and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person the investigator has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing. The results of the investigation must be included in the court record and may, without objection, be sealed.
Mont. Code Ann. § 40-7-135 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-135
40-7-135 Application to Indian tribes
Status: in_force

40-7-135 . Application to Indian tribes. (1) A child custody proceeding that pertains to an Indian child as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 is not subject to this chapter to the extent that it is governed by the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.

(2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying 40-7-101 , 40-7-103 , 40-7-105 through 40-7-110 , 40-7-112 , 40-7-119 , 40-7-125 , 40-7-134 through 40-7-140 , and part 2 of this chapter.

(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter.
Mont. Code Ann. § 40-16-117 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-117
40-16-117 Correction by arbitrator of unconfirmed award
Status: in_force

40-16-117 . Correction by arbitrator of unconfirmed award. On motion of a party made not later than 30 days after an arbitrator gives notice under 40-16-115 (1) of an award, the arbitrator may correct the award:

(1) if the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property;

(2) if the award is imperfect in a manner of form not affecting the merits of the issues submitted; or

(3) to clarify the award.
Mont. Code Ann. § 40-6-119 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-119
40-6-119 Right to counsel -- transcript on appeal
Status: in_force

40-6-119 . Right to counsel -- transcript on appeal. (1) At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall order the office of state public defender, pursuant to the Montana Public Defender Act, Title 47, chapter 1, to assign counsel for a party who is financially unable to obtain counsel.

(2) The court may order reasonable fees for experts and the child's guardian ad litem and other costs of the action and pretrial proceedings, including paternity test costs, to be paid by the parties in proportions and at times determined by the court.

(3) If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal. Transcript fees must be paid as provided in 3-5-604 .
Mont. Code Ann. § 40-6-121 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-121
40-6-121 Action to declare mother and child relationship
Status: in_force

40-6-121 . Action to declare mother and child relationship. Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this part applicable to the father and child relationship apply.
Mont. Code Ann. § 40-1-203 — MT Code / Title 40 / Chapter 1 / Part 2 / Section 40-1-203
40-1-203 Proof of age
Status: in_force

40-1-203 . Proof of age. Before a person authorized by law to issue marriage licenses may issue a marriage license, each applicant for a license shall provide a birth certificate or other satisfactory evidence of age and, if the applicant is a minor, the approval required by 40-1-213 .
Mont. Code Ann. § 40-15-102 — MT Code / Title 40 / Chapter 15 / Part 1 / Section 40-15-102
40-15-102 Eligibility for order of protection
Status: in_force

40-15-102 . Eligibility for order of protection. (1) A person may file a petition for an order of protection if:

(a) the petitioner is in reasonable apprehension of bodily injury by the petitioner's partner or family member as defined in 45-5-206 ; or

(b) the petitioner is a victim of one of the following offenses committed by a partner or family member:

(i) assault as defined in 45-5-201 ;

(ii) aggravated assault as defined in 45-5-202 ;

(iii) intimidation as defined in 45-5-203 ;

(iv) partner or family member assault as defined in 45-5-206 ;

(v) criminal endangerment as defined in 45-5-207 ;

(vi) negligent endangerment as defined in 45-5-208 ;

(vii) assault on a minor as defined in 45-5-212 ;

(viii) assault with a weapon as defined in 45-5-213 ;

(ix) strangulation of a partner or family member as defined in 45-5-215 ;

(x) unlawful restraint as defined in 45-5-301 ;

(xi) kidnapping as defined in 45-5-302 ;

(xii) aggravated kidnapping as defined in 45-5-303 ; or

(xiii) arson as defined in 45-6-103 .

(2) The following individuals are eligible to file a petition for an order of protection against the offender regardless of the individual's relationship to the offender:

(a) a victim of assault as defined in 45-5-201 , aggravated assault as defined in 45-5-202 , assault on a minor as defined in 45-5-212 , stalking as defined in 45-5-220 , incest as defined in 45-5-507 , sexual assault as defined in 45-5-502 , sexual intercourse without consent as defined in 45-5-503 , sexual abuse of children as defined in 45-5-625 , or human trafficking as defined in 45-5-701 ; or

(b) a partner or family member of a victim of deliberate homicide as defined in 45-5-102 or mitigated deliberate homicide as defined in 45-5-103 .

(3) A parent, guardian ad litem, or other representative of the petitioner may file a petition for an order of protection on behalf of a minor petitioner against the petitioner's abuser. At its discretion, a court may appoint a guardian ad litem for a minor petitioner.

(4) The following persons may file a petition for an order of protection on behalf of an adult:

(a) a guardian appointed pursuant to Title 72, chapter 5, part 3, on behalf of an incapacitated person;

(b) a conservator appointed pursuant to Title 72, chapter 5, part 4, on behalf of a protected person; or

(c) an agent on behalf of an incapacitated principal. For the purposes of this subsection (4)(c), "incapacitated" has the same meaning as "incapacitated person" provided in 72-5-101 .

(5) A guardian must be appointed for a minor respondent when required by Rule 17(c), Montana Rules of Civil Procedure, or by 25-31-602 . An order of protection is effective against a respondent regardless of the respondent's age.

(6) A petitioner is eligible for an order of protection whether or not:

(a) the petitioner reports the abuse to law enforcement;

(b) charges are filed; or

(c) the petitioner participates in a criminal prosecution.

(7) If a petitioner is otherwise entitled to an order of protection, the length of time between the abusive incident and the petitioner's application for an order of protection is irrelevant.
Mont. Code Ann. § 40-5-601 — MT Code / Title 40 / Chapter 5 / Part 6 / Section 40-5-601
40-5-601 Failure to pay support -- civil contempt
Status: in_force

40-5-601 . Failure to pay support -- civil contempt. (1) For purposes of this section, "support" means child support; spousal support; health insurance, medical, dental, and optical payments; day-care expenses; and any other payments due as support under a court or administrative order. Submission of health insurance claims is a support obligation if health insurance coverage is ordered.

(2) If a person obligated to provide support fails to pay as ordered, the payee or assignee of the payee of the support order may petition a district court to find the obligated person in contempt.

(3) The petition may be filed in the district court:

(a) that issued the support order;

(b) of the judicial district in which the obligated person resides; or

(c) of the judicial district in which the payee or assignee of the payee resides or has an office.

(4) Upon filing of a verified petition alleging facts constituting contempt of the support order, the district court shall issue an order requiring the obligated person to appear and show cause why the obligated person should not be held in contempt and punished under this section.

(5) The obligated person is presumed to be in contempt upon a showing that:

(a) there is a support order issued by a court or administrative agency of this or another state, an Indian tribe, or a country with jurisdiction to enter the order;

(b) the obligated person had actual or constructive knowledge of the order; and

(c) the obligated person failed to pay support as ordered.

(6) Certified payment records maintained by a clerk of court or administrative agency authorized by law or by the support order to collect support are admissible in a proceeding under this section and are prima facie evidence of the amount of support paid and any arrearages under the support order.

(7) Following a showing under subsection (5), the obligated person may move to be excused from the contempt by showing clear and convincing evidence that the obligated person:

(a) has insufficient income to pay the arrearages;

(b) lacks personal or real property that can be sold, mortgaged, or pledged to raise the needed sum;

(c) has unsuccessfully attempted to borrow the sum from a financial institution;

(d) has no other source, including relatives, from which the sum can be borrowed or secured;

(e) has a valid out-of-court agreement with the payee waiving, deferring, or otherwise compromising the support obligation; or

(f) cannot, for some other reason, reasonably comply with the order.

(8) In addition to the requirement of subsection (7), the obligated person shall also show by clear and convincing evidence that factors constituting the excuse were not caused by the obligated person voluntarily:

(a) remaining unemployed or underemployed when there is employment suitable to the obligated person's skills and abilities available within a reasonable distance from the obligated person's residence;

(b) selling, transferring, or encumbering real or personal property for fictitious or inadequate consideration within 6 months prior to a failure to pay support when due;

(c) selling or transferring real property without delivery of possession within 6 months prior to a failure to pay support when due or, if the sale or transfer includes a reservation of a trust for the use of the obligated person, purchasing real or personal property in the name of another person or entity;

(d) continuing to engage in an unprofitable business or contract unless the obligated person cannot reasonably be removed from the unprofitable situation; or

(e) incurring debts subsequent to entry of the support order that impair the obligated person's ability to pay support.

(9) If the obligated person is not excused under subsections (7) and (8), the district court shall find the obligated person in contempt of the support order. For each failure to pay support under the order, the district court shall order punishment as follows:

(a) not more than 5 days incarceration in the county jail;

(b) not more than 120 hours of community service work;

(c) not more than a $500 fine; or

(d) any combination of the penalties in subsections (9)(a) through (9)(c).

(10) An order under subsection (9) must include a provision allowing the obligated person to purge the contempt. The obligated person may purge the contempt by complying with an order requiring the obligated person to:

(a) seek employment and periodically report to the district court all efforts to find employment;

(b) meet a repayment schedule;

(c) compensate the payee for the payee's attorney fees, costs, and expenses for a proceeding under this section;

(d) sell or transfer real or personal property or transfer real or personal property to the payee, even if the property is exempt from execution;

(e) borrow the arrearage amount or report to the district court all efforts to borrow the sum;

(f) meet any combination of the conditions in subsections (10)(a) through (10)(e); or

(g) meet any other conditions that the district court in its discretion finds reasonable.

(11) If the obligated person fails to comply with conditions for purging contempt, the district court shall immediately find the obligated person in contempt under this section and impose punishment.

(12) A proceeding under this section must be brought within 3 years of the date of the last failure to comply with the support order.
Mont. Code Ann. § 40-4-126 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-126
40-4-126 Automatic economic restraining order
Status: in_force

40-4-126 . Automatic economic restraining order. (1) On the filing of a petition for declaration of invalidity of marriage, a petition for dissolution of marriage, or a petition for legal separation, the clerk of the district court shall issue a summons and shall include with the summons an automatic economic restraining order that provides as follows:

"AUTOMATIC ECONOMIC RESTRAINING ORDER

It is hereby ordered:

(1) The parties are restrained from transferring, encumbering, concealing, or in any way disposing of, without the written consent of the other party or an order of the court, any marital property, except:

(a) for expenses necessary to reasonably maintain the marital standard of living or for the necessities of life, such as food, clothing, shelter, necessary health care expenses, transportation to and from work, and child care, taking into consideration additional living expenses arising out of a party obtaining a second household and current available income;

(b) in the customary and usual course of operating an existing business; or

(c) for the purpose of paying a reasonable amount for professional fees and costs relating to a proceeding under Title 40, chapter 1, part 4, Title 40, chapter 4, or Title 40, chapter 15.

(2) Each party shall file a notice with the court of any proposed extraordinary expenditure, proposed revocation of a nonprobate transfer, or proposed elimination of a right of survivorship to property at least 14 days before the action is taken.

(a) The notice must include:

(i) the proposed action and when the action is intended to occur;

(ii) how the proposed action may impact the marital estate; and

(iii) why the proposed action is necessary at that time.

(b) The notice is not sufficient unless the notice contains the following statement: "The moving party's proposed action will be permitted without further proceedings or order of the court unless within 14 days of the date of filing of the notice you file with the court and serve on all persons entitled to notice a response objecting to the proposed action, which states the reasons for your objection."

(c) If the other party files an objection to the proposed action before the expiration of the 14-day period, the party proposing to take the action is prohibited from taking the proposed action until the court rules on the proposed action.

(d) The burden of justifying the proposed action is on the party proposing the action. The court may award reasonable attorney fees if a party makes an unreasonable request for or an unreasonable objection to the proposed action.

(e) A "nonprobate transfer" means an instrument, other than a will, that makes a transfer of property on death, including a revocable trust, a pay-on-death account in a financial institution, a transfer on death registration of personal property, or a revocable transfer on death deed.

(3) The parties are restrained from:

(a) canceling jointly held credit cards or terminating signatory authority of the other party on a credit card;

(b) incurring unreasonable debt, including but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing of any assets, or unreasonably using credit cards or cash advances against credit cards, except as provided for in subsections (1)(a) through (1)(c) or subsection (2);

(c) except as allowed by subsections (1)(a) through (1)(c) or subsection (2), making any withdrawal for any purpose or borrowing from any deferred compensation, retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account;

(d) except as allowed by subsections (1)(a) through (1)(c) or subsection (2), withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policies on either party or any of their children;

(e) changing or in any manner altering the beneficiary designation on any life insurance policies on either party or their children or changing or in any manner altering the beneficiary on any other account or asset;

(f) canceling, altering, or allowing to lapse any existing property, life, automobile, or health insurance policies insuring the parties' or children's property or persons;

(g) negotiating any instrument, check, draft, income tax refund, insurance payment, or dividends payable jointly to the parties or individually to the other party without the personal signature or prior written consent of the other party;

(h) opening, diverting, or withholding mail, e-mail, or other electronic communications addressed to the other party, except a party may open mail, e-mail, or other electronic communications addressed to both parties or submit a notice of change of the party's individual mail, e-mail, or other electronic address; and

(i) without objectively reasonable justification, intentionally or knowingly damaging or destroying the property of the parties or of either party during the pendency of this action, specifically including but not limited to any electronically stored materials, electronic communications, or financial records, without order of the court or written consent of the other party.

(4) Unless otherwise ordered by the court, a party is not restrained from:

(a) creating, modifying, or revoking a will;

(b) revoking or changing a power of attorney; or

(c) creating an unfunded revocable or irrevocable trust.

(5) This order does not adversely affect the rights, title, or interest of a purchaser, encumbrancer, or lessee for value if the purchaser, encumbrancer, or lessee does not have actual knowledge of this order.

(6) The court may expand, limit, modify, or revoke this order, and nothing prevents either party from requesting such relief. Furthermore, the parties, with joint agreement, may waive in writing some or all of the provisions of this order.

(7) The parties shall serve preliminary financial disclosures within 60 days of service of the petition for dissolution, declaration of invalidity of marriage, or legal separation pursuant to 40-4-252 .

(8) This order is binding on the petitioner on filing of the petition, and this order is binding on the respondent on service of the petition.

(9) In issuing any temporary orders or in a final decree, the court may consider any action taken by the petitioner within a reasonable time prior to filing of the petition that would otherwise have constituted a violation of this order had this order been issued at the time.

(10) Except as otherwise ordered by the court, this order is dissolved on dismissal of the action or granting of the declaration of invalidity, dissolution of marriage, legal separation, or other final order.

(11) Failure to follow this automatic economic restraining order is subject to enforcement by the court, on a motion to the court. The court may issue any appropriate enforcement order as set forth in 40-4-126 (4), including, if appropriate, sanctions and all remedies for contempt of court."

(2) An automatic economic restraining order entered pursuant to this section, unless otherwise ordered by the court, is dissolved upon dismissal of the action or granting of the petition for declaration of invalidity, dissolution of marriage, legal separation, or other final order.

(3) Nothing in this section precludes a party from applying to the court for an order to expand, limit, modify, or revoke the automatic economic restraining order.

(4) If a party fails to comply with the automatic economic restraining order, the other party may move the court to grant an appropriate order, including, if appropriate, sanctions and all remedies for contempt of court.
Mont. Code Ann. § 40-6-411 — MT Code / Title 40 / Chapter 6 / Part 4 / Section 40-6-411
40-6-411 Rights of parents -- custody action
Status: in_force

40-6-411 . Rights of parents -- custody action. (1) Any person alleging to be the biological parent of a newborn who was surrendered to an emergency services provider under 40-6-405 may, within 60 days of the date of surrender of the newborn, file an action with the court for custody pursuant to 40-4-211 .

(2) Before making a custody decision, the court shall determine whether the individual filing the custody action is the newborn's biological parent under the provisions of part 1 of this chapter. A determination of the existence or nonexistence of the child-parent relationship is determinative as provided in 40-6-116 .

(3) The putative father registry provisions under Title 42, chapter 2, part 2, apply to any court proceeding under this part.
Mont. Code Ann. § 40-5-1002 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1002
40-5-1002 Definitions
Status: in_force

40-5-1002 . Definitions. In this part:

(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a child support order directed to the parent.

(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

(3) "Convention" means the convention on the international recovery of child support and other forms of family maintenance, concluded at The Hague on November 23, 2007.

(4) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(5) "Foreign country" means a country, including a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and:

(a) that has been declared under the law of the United States to be a foreign reciprocating country;

(b) that has established a reciprocal arrangement for child support with this state as provided in 40-5-1028 ;

(c) that has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this part; or

(d) in which the convention is in force with respect to the United States.

(6) "Foreign support order" means a support order of a foreign tribunal.

(7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention.

(8) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.

(9) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(10) "Income-withholding order" means an order or other legal process directed to an obligor's employer, as provided in Title 40, chapter 5, parts 3 and 4, to withhold support from the income of the obligor.

(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

(12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

(13) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

(15) "Law" includes decisional and statutory law and rules and regulations having the force of law.

(16) "Obligee" means:

(a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

(b) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or a support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee in place of child support;

(c) an individual seeking a judgment determining parentage of that individual's child; or

(d) a person that is a creditor in a proceeding under 40-5-1073 through 40-5-1085 .

(17) "Obligor" means an individual or the estate of a decedent that:

(a) owes or is alleged to owe a duty of support;

(b) is alleged but has not been adjudicated to be a parent of a child;

(c) is liable under a support order; or

(d) is a debtor in a proceeding under 40-5-1073 through 40-5-1085 .

(18) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(20) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(21) "Register" means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or foreign country.

(22) "Registering tribunal" means a tribunal in which a support order or a judgment determining parentage of a child is registered.

(23) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or foreign country.

(24) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.

(25) "Spousal support order" means a support order for a spouse or former spouse of the obligor.

(26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.

(27) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to:

(a) seek enforcement of support orders or laws relating to the duty of support;

(b) seek establishment or modification of child support;

(c) request determination of parentage of a child;

(d) attempt to locate obligors or their assets; or

(e) request determination of the controlling child support order.

(28) (a) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support.

(b) The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.

(29) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Mont. Code Ann. § 40-4-216 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-216
40-4-216 Hearings
Status: in_force

40-4-216 . Hearings. (1) Parenting plan proceedings must receive priority in being set for hearing.

(2) Upon motion of a parent who has received military service orders, the court shall, for good cause shown, hold an expedited hearing in parenting or visitation matters instituted under 40-4-228 (6) if the military service, as defined in 10-1-1003 , of the parent has a material effect on the parent's ability or anticipated ability to appear in person at a hearing scheduled in an unexpedited manner.

(3) The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court considers necessary to determine the best interest of the child.

(4) The court, without a jury, shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interest, the court may exclude the public from a parenting hearing but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.

(5) If the court finds it necessary that the record of any interview, report, investigation, or testimony in a parenting proceeding be kept secret to protect the child's welfare, the court may make an appropriate order sealing the record.
Mont. Code Ann. § 40-1-301 — MT Code / Title 40 / Chapter 1 / Part 3 / Section 40-1-301
40-1-301 Solemnization and registration
Status: in_force

40-1-301 . Solemnization and registration. (1) A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a notary public authorized pursuant to 1-5-630 , by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court.

(2) If a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.

(3) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it if either party to the marriage believed that person to be qualified.

(4) One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202 . One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215 .
Mont. Code Ann. § 40-5-1023 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1023
40-5-1023 Application of law of this state
Status: in_force

40-5-1023 . Application of law of this state. Except as otherwise provided in this part, a responding tribunal of this state shall:

(1) apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
Mont. Code Ann. § 40-5-807 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-807
40-5-807 Mandatory provisions of medical support order
Status: in_force

40-5-807 . Mandatory provisions of medical support order. (1) Unless the tribunal expressly specifies otherwise, a medical support order must include terms directed toward the provisions of 40-5-806 (2) through (8), even though a provision contained in those subsections may not apply to the parent's circumstances at the time the order is entered. The terms may be established as alternatives or contingencies that provide that if circumstances later change, the health needs of the child will continue to be met under one of the subsections without need for modification of the medical support order or other action by the tribunal that issued the order or any other tribunal of competent jurisdiction.

(2) If circumstances change and a parent believes that corresponding changes in costs are not reasonable or cost-beneficial, the parent may move to petition any appropriate tribunal for relief.

(3) If a health benefit plan is provided through an employer, union, or other group, the medical support order must also include provisions necessary to entitle the order to recognition as a qualified medical child support order.
Mont. Code Ann. § 40-7-105 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-105
40-7-105 Notice -- opportunity to be heard -- joinder
Status: in_force

40-7-105 . Notice -- opportunity to be heard -- joinder. (1) Before a child custody determination is made under this chapter, notice and opportunity to be heard in accordance with the standards of 40-7-106 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person who has physical custody of the child.

(2) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
Mont. Code Ann. § 40-16-111 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-111
40-16-111 Temporary order or award
Status: in_force

40-16-111 . Temporary order or award. (1) Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order under 40-4-121 .

(2) After an arbitrator is selected:

(a) the arbitrator may make a temporary award under 40-4-121 ; and

(b) if the matter is urgent and the arbitrator is not able to act in a timely manner or provide an adequate remedy, on motion of a party, the court may enter a temporary order.

(3) On motion of a party, before the court confirms a final award, the court under 40-16-116 , 40-16-118 , or 40-16-119 may confirm, correct, vacate, or amend a temporary award made under subsection (2)(a).

(4) On motion of a party, the court may enforce a subpoena or interim award issued by an arbitrator for the fair and expeditious disposition of the arbitration.
Mont. Code Ann. § 40-5-238 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-238
40-5-238 Confidentiality of paternity hearings and records of proceedings
Status: in_force

40-5-238 . Confidentiality of paternity hearings and records of proceedings. Because of the privacy interests involved, a hearing under 40-5-231 through 40-5-237 and this section for the purpose of determining paternity or reasonable cause to pursue paternity genetic testing is closed to the public. Attendance of others may be limited by the hearing officer as necessary to protect privacy rights. All papers and records of the proceedings, other than a final adjudication of paternity, are closed to public inspection, except that they may be opened upon consent of the parties and the hearing officer or, in exceptional cases, by order of the hearing officer.
Mont. Code Ann. § 40-5-213 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-213
40-5-213 Financial statements by obligor -- penalty
Status: in_force

40-5-213 . Financial statements by obligor -- penalty. (1) If the department is providing child support enforcement services under this part and has reasonable cause to believe that a support obligation is owed, an obligor, upon written request, shall complete a statement, under oath, stating the obligor's:

(a) current monthly income;

(b) total income over the past 36 months;

(c) the number of dependents for whom the obligor is providing support;

(d) the amount the obligor is contributing toward the support of a child for whom the department is providing services;

(e) current monthly living expenses; and

(f) all other information pertinent to the obligor's financial condition.

(2) The department may require additional financial statements from the obligor during the period the department is providing services to the child.

(3) Failure to comply with this section is a misdemeanor.
Mont. Code Ann. § 40-5-1051 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1051
40-5-1051 Contest by obligor
Status: in_force

40-5-1051 . Contest by obligor. (1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in 40-5-1055 through 40-5-1070 , or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

(2) The obligor shall give notice of the contest to:

(a) a support enforcement agency providing services to the obligee;

(b) each employer that has directly received an income-withholding order relating to the obligor; and

(c) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
Mont. Code Ann. § 40-5-290 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-290
40-5-290 Child support payments to follow child
Status: in_force

40-5-290 . Child support payments to follow child. (1) A support order issued or modified under this part must contain a provision requiring the child support obligation to be paid to:

(a) the legal custodian of the minor child;

(b) a person, organization, or agency to which the legal custodian voluntarily or involuntarily relinquishes physical custody of the child; or

(c) to any other person, organization, or agency entitled by law, assignment, or similar reason to receive or collect the child support obligation.

(2) If the department is providing services under Title IV-D of the Social Security Act, payment of support must be made through the department for distribution to the person, organization, or agency entitled to the payment.

(3) An order that omits the provision required by subsection (1) is subject to the requirements of subsection (1) without need for an amendment to the order or for any further action by the department.
Mont. Code Ann. § 40-5-1029 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1029
40-5-1029 Private counsel
Status: in_force

40-5-1029 . Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this part.
Mont. Code Ann. § 40-5-810 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-810
40-5-810 Notice of intent to enroll -- order to enroll -- authorization to enroll and participate in health benefit plan -- rules
Status: in_force

40-5-810 . Notice of intent to enroll -- order to enroll -- authorization to enroll and participate in health benefit plan -- rules. (1) When a parent is required by a medical support order to obtain a health benefit plan for a child, the parent may be served with a notice of intent to enroll the child in any plan available to that parent. The notice may be issued separately or may be combined with any other notice issued under this part.

(2) The notice must contain a statement of the:

(a) procedures to follow if the parent wishes to contest enrollment of a child in the plan;

(b) conditions under which enrollment will occur and that enrollment applies to all current and subsequent plans; and

(c) period of time within which the parent may file a request for a hearing to contest the enrollment.

(3) For notices issued by the department under this section, hearings must be contested cases under Title 2, chapter 4.

(4) The notice must be served upon the parent by certified mail or personally, including by acknowledgment of service.

(5) An order requiring enrollment of a child in a plan may be issued:

(a) at any time after the parent's time for filing a request for a hearing on the notice of intent to enroll has lapsed;

(b) as a result of a hearing that authorizes an order to enroll;

(c) upon identifying a plan that is available to the parent; or

(d) upon determining that the cost of the plan available to the parent is reasonable.

(6) An order requiring enrollment in a plan may be served on a plan administrator, an employer, or another individual or entity by certified mail, personally, including by acknowledgment of service, or by electronic service upon an entity that has entered into an agreement with the department to accept electronic service of an order under this part.

(7) A plan administrator shall enroll a child when given a medical support order or an order to enroll the child issued under this section, even if a parent fails to execute documents required by the plan. The parents, the department, and a third-party custodian may release to a plan provider, employer, union, or other group any information necessary to obtain or enforce medical support or to facilitate the preparation, submission, processing, verification, or payment of claims.

(8) The signature of either parent, of an authorized representative of the department, or of a third-party custodian or the receipt of an order to enroll the child issued under this section authorizes the plan to receive and process claims and exercise any available options for the continuation or extension.

(9) (a) The order to enroll the child must instruct the employer to:

(i) transfer the order to the plan administrator within 20 working days or by another date specified in the order;

(ii) notify the entity issuing the order of any lapse in insurance coverage or employment;

(iii) notify the entity issuing the order when the child is enrolled;

(iv) withhold any premiums from the parent's income and transfer the premiums to the plan; and

(v) not disenroll the child except in situations specified in the order.

(b) The order to enroll the child must instruct the plan administrator to, within 40 working days of the date of receipt of the order:

(i) take steps to cover the child, to notify the employer, and to provide verification of enrollment and a plan description to the department, parents, and any third-party custodian of the child; or

(ii) provide information to the entity issuing the order concerning why coverage is not available.

(10) The department may adopt rules in conformity with federal law establishing the priority of withholdings for financial support and medical support. Regardless of the priority of withholdings, the maximum amount withheld from the parent's wages or salary, including fees, may not exceed the maximum amount permitted under the federal Consumer Credit Protection Act, 15 U.S.C. 1673.

(11) An order to enroll may be modified or replaced at any time to add a child to or remove a child from a plan, consistent with the parent's medical support obligation.

(12) The department may terminate an order to enroll issued by the department when the department is no longer authorized to enforce the parent's medical support obligation, when the parent's medical support obligation is terminated, or when the department determines that the cost of the plan to the parent is not reasonable.
Mont. Code Ann. § 40-15-202 — MT Code / Title 40 / Chapter 15 / Part 2 / Section 40-15-202
40-15-202 Order of protection -- hearing -- evidence
Status: in_force

40-15-202 . Order of protection -- hearing -- evidence. (1) A hearing must be conducted within 20 days from the date that the court issues a temporary order of protection. The hearing date may be continued at the request of either party for good cause or by the court. If the hearing date is continued, the temporary order of protection must remain in effect until the court conducts a hearing. At the hearing, the court shall determine whether good cause exists for the temporary order of protection to be continued, amended, or made permanent.

(2) The respondent may request an emergency hearing before the end of the 20-day period by filing an affidavit that demonstrates that the respondent has an urgent need for the emergency hearing. An emergency hearing must be set within 3 working days of the filing of the affidavit.

(3) The order of protection may not be made mutually effective by the court. The respondent may obtain an order of protection from the petitioner only by filing an application for an order of protection and following the procedure described in this chapter.

(4) (a) Except as provided in subsection (4)(b), evidence concerning a victim's sexual conduct is not admissible in a hearing under this section.

(b) Evidence of a victim's past sexual conduct with the offender or evidence of specific instances of the victim's sexual activity to show the origin of semen, pregnancy, or disease may be admitted in a hearing under this section only if that sexual conduct is at issue in the hearing.

(5) If a respondent proposes to offer evidence subject to subsection (4)(b), the trial judge shall order a separate hearing to determine whether the proposed evidence is admissible under subsection (4)(b).
Mont. Code Ann. § 40-5-701 — MT Code / Title 40 / Chapter 5 / Part 7 / Section 40-5-701
40-5-701 Definitions
Status: in_force

40-5-701 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Child" means:

(i) a person under 18 years of age who is not emancipated, self-supporting, married, or a member of the armed forces of the United States;

(ii) a person under 19 years of age who is still in high school;

(iii) a person who is mentally or physically incapacitated when the incapacity began prior to that person reaching 18 years of age; and

(iv) in IV-D cases, a person for whom:

(A) support rights are assigned under 53-2-613 ;

(B) a public assistance payment has been made;

(C) the department is providing support enforcement services under 40-5-203 ; or

(D) the department has received a referral for IV-D services under the provisions of the Uniform Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act.

(b) The term may not be construed to limit the ability of the department to enforce a support order according to its terms when the order provides for support extending beyond the time the child reaches 18 years of age.

(2) "Conservation activity" means an activity for which a conservation license is issued by the department of fish, wildlife, and parks pursuant to 87-2-201 .

(3) "Delinquency" means a support debt or support obligation due under a support order in an amount greater than or equal to 6 months' support payments as of the date of service of a notice of intent to suspend a license.

(4) "Department" means the department of public health and human services.

(5) "License" means a license, certificate, registration, permit, or any other authorization issued by an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation, profession, conservation activity, or any other privilege that is subject to suspension, revocation, forfeiture, termination, or a declaration of ineligibility to purchase by the licensing authority prior to its date of expiration.

(6) "Licensing authority" means any department, division, board, agency, or instrumentality of this state that issues a license.

(7) "Obligee" means:

(a) a person to whom a support debt or support obligation is owed; or

(b) a public agency of this or another state or an Indian tribe that has the right to receive current or accrued support payments or that is providing support enforcement services under this chapter.

(8) "Obligor" means a person who owes a duty of support or who is subject to a subpoena or warrant in a paternity or child support proceeding.

(9) "Order suspending a license" means an order issued by a support enforcement entity to suspend a license. The order must contain the name of the obligor, the type of license, and, if known, the social security number of the obligor.

(10) "Payment plan" includes but is not limited to a plan approved by the support enforcement entity that provides sufficient security to ensure compliance with a support order and that incorporates voluntary or involuntary income withholding under part 3 or 4 of this chapter or a similar plan for periodic payment of a support debt and, if applicable, current and future support.

(11) "Subpoena" means a writ or order issued by a court or the department in a proceeding or as part of an investigation related to the paternity or support of a child that commands a person to appear at a particular place and time to testify or produce documents or things under the person's control.

(12) "Support debt" or "support obligation" means the amount created by the failure to provide or pay:

(a) support to a child under the laws of this or any other state or under a support order;

(b) court-ordered spousal maintenance or other court-ordered support for the child's custodial parent; or

(c) fines, fees, penalties, interest, and other funds and costs that the support enforcement entity is authorized to collect by the use of any procedure available to the entity for the payment, enforcement, and collection of child support or spousal maintenance or support.

(13) "Support enforcement entity" means:

(a) in IV-D cases, the department; or

(b) in all other cases, the district court that entered the support order or a district court in which the support order is registered.

(14) (a) "Support order" means an order that provides a determinable amount for temporary or final periodic payment of a support debt or support obligation and that may include payment of a determinable or indeterminable amount for insurance covering the child issued by:

(i) a district court of this state;

(ii) a court of appropriate jurisdiction of another state, an Indian tribe, or a foreign country;

(iii) an administrative agency pursuant to proceedings under Title 40, chapter 5, part 2; or

(iv) an administrative agency of another state or an Indian tribe with a hearing function and process similar to those of the department.

(b) If an action for child support is commenced under this part and the context so requires, support order also includes:

(i) judgments and orders providing periodic payments for the maintenance or support of the child's custodial parent; and

(ii) amounts for the recovery of fines, fees, penalties, interest, and other funds and costs that the support enforcement entity is authorized to collect by the use of any procedure available to the entity for the payment, enforcement, and collection of child support or spousal maintenance or support.

(15) "Suspension" includes the withdrawal, withholding, revocation, forfeiture, or nonissuance of a license and license privileges.

(16) "Warrant" means a bench warrant, a warrant to appear, an order to show cause, or any other order issued by a court relating to the appearance of a party in a paternity or child support proceeding.

(17) "IV-D case" means a case in which the department is providing support enforcement services as a result of:

(a) an assignment of support rights under 53-2-613 ;

(b) a payment of public assistance;

(c) an application for support enforcement services under 40-5-203 ; or

(d) a referral for services from an agency of another state or an Indian tribe under the provisions of the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act.
Mont. Code Ann. § 40-6-238 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-238
40-6-238 Limitation on amount of recovery
Status: in_force

40-6-238 . Limitation on amount of recovery. The recovery of damages under 40-6-237 is limited to the actual damages in an amount not to exceed $6,900 in addition to taxable court costs and reasonable attorney fees to be set by the court not to exceed $1,800. The right to recover attorney fees as provided by this section is limited to a person bringing an action under 40-6-237 .
Mont. Code Ann. § 40-15-120 — MT Code / Title 40 / Chapter 15 / Part 1 / Section 40-15-120
40-15-120 Rules
Status: in_force

40-15-120 . Rules. The department shall adopt rules to carry out the provisions of 40-15-115 through 40-15-121 , including rules establishing:

(1) a form on which a victim may apply to participate in the program described in 40-15-115 (2);

(2) a form on which an applicant may declare whether the applicant wishes to register to vote or, if registered, to change the applicant's address for voter registration. The form may be a separate form or may be included as an integral part of the application provided for in subsection (1).

(3) procedures necessary to implement the program.
Mont. Code Ann. § 40-15-121 — MT Code / Title 40 / Chapter 15 / Part 1 / Section 40-15-121
40-15-121 Implementation by state and local government agencies
Status: in_force

40-15-121 . Implementation by state and local government agencies. The department shall issue the participant a substitute address card containing the participant's name, substitute address, and other information that the department determines appropriate. Any state or local government agency that needs or requires the participant's address shall accept and use the address on the card. The agency may make and file a photocopy of the card.
Mont. Code Ann. § 40-6-108 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-108
40-6-108 Statute of limitations
Status: in_force

40-6-108 . Statute of limitations. (1) An action may be commenced at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under 40-6-105 (1)(a), (1)(b), or (1)(c).

(2) After the presumption has been rebutted, paternity of the child by another individual may be determined in the same action if the other individual has been made a party.

(3) An action to determine the existence or nonexistence of the father and child relationship as to a child who has no presumed father under 40-6-105 :

(a) may not be brought by the child later than 2 years after the child attains the age of majority;

(b) may be brought by a state agency at any time after the first application is made under Title IV-D of the Social Security Act for services to the child and before the child attains the age of majority. This subsection is intended to apply retroactively, within the meaning of 1-2-109 , to any child for whom a paternity action was barred or could have been barred by a shorter limitation period. However, in previously barred actions that are revived by this subsection, the father is not liable to the state agency for support of the child.

(4) The father's liability for a statutory debt created by the payment of public assistance is limited to the amount of assistance paid during the 2-year period preceding commencement of the action. This subsection does not limit the subsequent accrual of a statutory debt.

(5) Section 40-6-107 and this section do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship or otherwise.

(6) After the conclusion of an adoption proceeding under Title 42, a further action to declare the existence or nonexistence of the father and child relationship of the adopted child may not be commenced, except as provided in 42-2-411 .
Mont. Code Ann. § 40-2-206 — MT Code / Title 40 / Chapter 2 / Part 2 / Section 40-2-206
40-2-206 Earnings and accumulations -- when separated
Status: in_force

40-2-206 . Earnings and accumulations -- when separated. The earnings and accumulations of a married person and of the person's minor children living with the person or in the person's custody, while the person is living separate from the person's spouse, are the individual property of that person except that, to the extent that a mutual duty of support between the husband and wife as established by 40-2-102 still exists, the earnings and accumulations are liable for debts incurred for necessary articles procured for the use and benefit of the married person, the person's spouse, or minor children.
Mont. Code Ann. § 40-5-411 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-411
40-5-411 Immediate income withholding
Status: in_force

40-5-411 . Immediate income withholding. (1) Except as provided in subsection (4), in the case of a child support order, whether temporary or final, that is issued by a court or administrative authority of this state after January 1, 1990, the income of the obligor is subject to immediate withholding under this part regardless of whether support payments are in arrears.

(2) After October 1, 1991, when a support order of another state is registered in Montana under the provisions of 40-5-1055 or other applicable law, the support obligation is subject to immediate income withholding under this section.

(3) The department may direct the payor of income to the obligor to commence the withholding of the obligor's income on:

(a) the effective date of the support order or the date of registration of the support order; or

(b) the date, if any, that the department becomes authorized by law to provide child support enforcement services.

(4) An obligor's income is not subject to immediate withholding if the court or administrative authority that issued or modified the support order finds:

(a) that there is good cause not to require immediate withholding; or

(b) that there is an alternative arrangement between the parties for the payment of support that provides sufficient security to ensure compliance with the arrangement.

(5) For the purposes of subsection (4), any finding of good cause not to require immediate income withholding must be based on at least:

(a) a written determination and explanation by the court or administrative authority as to why implementation of immediate income withholding would not be in the best interests of the child; and

(b) proof of timely payment of previously ordered support in cases involving the modification of support orders.

(6) Immediate withholding under this section terminates only:

(a) upon the conditions provided in 40-5-417 ; or

(b) at the request of the obligor if:

(i) withholding has not been previously terminated and subsequently initiated under 40-5-412 because of a delinquency; and

(ii) the obligor meets one of the exemptions under subsection (4).
Mont. Code Ann. § 40-5-1021 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1021
40-5-1021 Proceedings under this part
Status: in_force

40-5-1021 . Proceedings under this part. (1) Except as otherwise provided in this part, 40-5-1021 through 40-5-1039 apply to all proceedings under this part.

(2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this part by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
Mont. Code Ann. § 40-5-421 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-421
40-5-421 Duties of payor
Status: in_force

40-5-421 . Duties of payor. (1) A payor who has been served with an order to withhold and deliver income shall deduct the amount designated in the order beginning not later than the first pay period that occurs after service of the order. The payor shall, within 7 working days of the date the obligor is paid, promptly deliver the amount withheld to the department as directed by the order or in accordance with any subsequent modification of the order received from the department. The payor shall include with the payment a statement indicating the date the amount was withheld from the obligor's income.

(2) Whenever the payor is obligated to withhold income for more than one obligor, the payor may combine all amounts withheld into a single payment for that month with the portion of the withholding that is attributable to each obligor separately designated.

(3) (a) Whenever there is more than one order for withholding against a single obligor, the payor shall honor all withholding orders to the extent that the total amount withheld from the obligor's wages or salary does not exceed the limits set in 40-5-416 . In no case may the allocation result in a withholding for one of the support obligations not being implemented.

(b) Withholding of current support that is less than the amount of current support due all obligees must be prorated among the obligees based on the amount of current support due each obligee.

(c) Withholding of support arrears must be distributed equally among the obligor's cases.

(4) The payor shall promptly notify the department of the termination of the obligor's employment or other source of income and provide the obligor's last-known address and the name and address of the obligor's new employer or other source of income, if known to the payor.
Mont. Code Ann. § 40-2-609 — MT Code / Title 40 / Chapter 2 / Part 6 / Section 40-2-609
40-2-609 Enforcement when marriage void
Status: in_force

40-2-609 . Enforcement when marriage void. If a marriage is declared invalid, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Mont. Code Ann. § 40-2-301 — MT Code / Title 40 / Chapter 2 / Part 3 / Section 40-2-301
40-2-301 Husband and wife may contract
Status: in_force

40-2-301 . Husband and wife may contract. Either husband or wife may enter into any engagement or transaction with the other or with any other person respecting property which either might, if unmarried, subject in transactions between themselves to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the provisions of this code relative to trusts.
Mont. Code Ann. § 40-4-131 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-131
40-4-131 Joint petition -- filing -- form -- contents
Status: in_force

40-4-131 . Joint petition -- filing -- form -- contents. (1) A proceeding for summary dissolution of marriage is commenced by filing in the district court a joint petition in the form prescribed by the court.

(2) The petition must:

(a) be signed under oath by both parties;

(b) state that, as of the date of the filing of the joint petition, each condition set forth in 40-4-130 has been met;

(c) state the mailing address of both parties; and

(d) state whether or not a party elects to have the party's maiden or birth or former name restored and, if so, state the name to be restored.
Mont. Code Ann. § 40-16-114 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-114
40-16-114 Recording of hearing
Status: in_force

40-16-114 . Recording of hearing. (1) Except as otherwise provided in subsection (2) or required by law of this state other than this part, an arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement, or requested by a party.

(2) An arbitrator shall request a verbatim recording be made of any part of an arbitration hearing concerning a child-related dispute.
Mont. Code Ann. § 40-9-202 — MT Code / Title 40 / Chapter 9 / Part 2 / Section 40-9-202
40-9-202 Nonexclusive remedy
Status: in_force

40-9-202 . Nonexclusive remedy. In addition to or in lieu of seeking reasonable rights to contact with a child under this chapter, a grandparent retains the following rights:

(1) to seek a parental interest, visitation, or parenting plan under Title 40, chapter 4;

(2) to seek authority as a caretaker relative, including authority to consent to medical care, for a child under Title 40, chapter 6;

(3) to seek custody of a child as an extended family member under Title 41, chapter 3;

(4) to seek adoption of a child under Title 42; and

(5) to seek guardianship of a child under Title 72, chapter 5.
Mont. Code Ann. § 40-4-308 — MT Code / Title 40 / Chapter 4 / Part 3 / Section 40-4-308
40-4-308 Court to establish fees
Status: in_force

40-4-308 . Court to establish fees. A court may establish a fee schedule for the costs of administering this part. The fees must be paid by the parties to the mediation proceeding.