Mont. Code Ann. § 40-6-1003 — MT Code / Title 40 / Chapter 6 / Part 10 / Section 40-6-1003
40-6-1003 Service by publication -- summons -- form
Status: in_force

40-6-1003 . Service by publication -- summons -- form. (1) Before service by publication is authorized in a proceeding under this part, the person filing the petition pursuant to 40-6-1001 (4) shall file with the court an affidavit stating that, after due diligence, the parent whose rights are subject to termination cannot be identified or found and stating the diligent efforts made to identify, locate, and serve the person. The affidavit is sufficient evidence of the diligence of any inquiry made by the person filing the petition. The affidavit may be combined with another affidavit filed by the person filing the petition. Upon complying with this subsection, the person filing the petition may obtain an order for the service to be made on the party by publication. The order may be issued by either the judge or the clerk of the court.

(2) Service by publication must be made by publishing notice three times, once each week for 3 successive weeks:

(a) in a newspaper in a community in which the publication can reasonably be calculated to be seen by the person whose parental rights are subject to termination, based on the last-known address or whereabouts, if known, of the person if in the state of Montana; or

(b) if no last-known address exists, if the last-known address is outside Montana, or if the identity of the person whose parental rights are subject to termination is unknown, in a newspaper in the county in which the action is pending, if a newspaper is published in the county, or, if a newspaper is not published in the county, in a newspaper published in an adjoining county and having a general circulation in the county.

(3) Service by publication is complete on the date of the last publication required by subsection (2).

(4) A summons required under this part must:

(a) be directed to the parent whose parental rights are subject to termination; and

(b) be signed by the clerk of court, be under the seal of the court, and contain:

(i) the name of the court and the cause number;

(ii) the initials of the child who is the subject of the proceedings;

(iii) the name of the person filing the petition pursuant to 40-6-1001 (4);

(iv) the timeframe within which an interested person shall appear;

(v) a statement in general terms of the nature of the proceedings, including the date and place of birth of the child, the date and place of the hearing, and the phone number of the clerk of the court in which the hearing is scheduled; and

(vi) notification apprising the person served by publication that failure to appear at the hearing will constitute a denial of interest in the child, which may result, without further notice of the proceeding or any subsequent proceeding, in judgment by default being entered for the relief requested in the petition.
Mont. Code Ann. § 40-1-202 — MT Code / Title 40 / Chapter 1 / Part 2 / Section 40-1-202
40-1-202 License issuance
Status: in_force

40-1-202 . License issuance. Except as provided in 40-1-301 , when a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the clerk of the district court and paid the marriage license fee of $53, the clerk of the district court shall issue a license to marry and a marriage certificate form upon being furnished:

(1) satisfactory proof that each party to the marriage will have attained 18 years of age at the time the marriage license is effective or will have attained 16 years of age and has obtained judicial approval as provided in 40-1-213 ; and

(2) satisfactory proof that the marriage is not prohibited.
Mont. Code Ann. § 40-7-109 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-109
40-7-109 Jurisdiction declined by reason of conduct
Status: in_force

40-7-109 . Jurisdiction declined by reason of conduct. (1) Except as otherwise provided in 40-7-204 , if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise jurisdiction unless:

(a) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(b) a court of the state otherwise having jurisdiction under 40-7-201 through 40-7-203 determines that this state is a more appropriate forum under 40-7-108 ; or

(c) no other state would have jurisdiction under 40-7-201 through 40-7-203 .

(2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under 40-7-201 through 40-7-203 .

(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (1), it shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses, 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 are sought establishes that the award would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state except as otherwise provided by law other than this chapter.
Mont. Code Ann. § 40-4-213 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-213
40-4-213 Interim parenting plan
Status: in_force

40-4-213 . Interim parenting plan. (1) A party to a parenting proceeding may move for an interim parenting plan. The motion must be supported by an affidavit as provided in 40-4-220 (1). The court may adopt an interim parenting plan under the standards of 40-4-212 after a hearing or under the standards of 40-4-212 and 40-4-220 (2) before a hearing. If there is no objection, the court may act solely on the basis of the affidavits.

(2) If a proceeding for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated unless a parent moves that the proceeding continue as a parenting proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a parenting plan be adopted. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.

(3) If a parenting proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.

(4) Adoption of a final parenting plan under 40-4-234 vacates any interim parenting plan adopted under this section. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.
Mont. Code Ann. § 40-16-124 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-124
40-16-124 Appeal
Status: in_force

40-16-124 . Appeal. (1) An appeal may be taken under this part from:

(a) an order confirming or denying confirmation of an award;

(b) an order correcting an award;

(c) an order vacating an award without directing a rehearing; or

(d) a final judgment.

(2) An appeal under this section may be taken as from an order or a judgment in a civil action.
Mont. Code Ann. § 40-5-403 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-403
40-5-403 Definitions
Status: in_force

40-5-403 . Definitions. As used in this part, the following definitions apply:

(1) "Alternative arrangement" means a written agreement between the obligor and obligee, and the department in the case of an assignment of rights under 53-2-613 , that has been approved and entered in the record of the court or administrative authority issuing or modifying the support order.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "Employer" includes a payor.

(4) "Financial institution" means:

(a) a depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(c);

(b) an institution-affiliated party, as defined in the Federal Deposit Insurance Act, 12 U.S.C. 1813(u);

(c) any state credit union, as defined in 32-3-102 , or federal credit union, as defined in section 101 of the Federal Credit Union Act, 12 U.S.C. 1752, including an institution-affiliated party of a credit union, as defined in section 206(r) of the Federal Credit Union Act, 12 U.S.C. 1786(r); and

(d) any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the state.

(5) (a) "Income" means any form of payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability payments, payments under a pension or retirement program, interest, and earnings and wages.

(b) Income does not include:

(i) any amount required by law to be withheld, other than creditor claims, including federal, state, and local taxes, social security, mandatory retirement and disability contributions, and union dues; or

(ii) any amounts exempted from judgment, execution, or attachment by federal or state law.

(6) "Obligee" means either a person to whom a duty of support is owed or a public agency of this or another state or an Indian tribe to which a person has assigned the right to receive current and accrued support payments.

(7) "Obligor" means a person who owes a duty to make payments under a support order.

(8) "Payor" means any payor of income to an obligor and includes any person, firm, corporation, association, employer, trustee, political subdivision, state agency, or any agent thereof who is subject to the jurisdiction of the courts of this state under Rule 4(b) of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate Family Support Act contained in part 10 of this chapter.

(9) "Support order" has the meaning provided in 40-5-201 .

(10) "Title IV-D agency" or "IV-D agency" means the agency responsible for the provision of services under Title IV-D of the Social Security Act, 42 U.S.C. 651, et seq.
Mont. Code Ann. § 40-2-202 — MT Code / Title 40 / Chapter 2 / Part 2 / Section 40-2-202
40-2-202 Individual property of married person
Status: in_force

40-2-202 . Individual property of married person. All the property of a married person owned before marriage and that acquired afterwards is that person's individual property. The married person may, without consent, agreement, and signature of the person's spouse, convey and transfer the person's individual property, real or personal, including the fee simple title to real property, or execute a power of attorney for the conveyance and transfer of property.
Mont. Code Ann. § 40-6-415 — MT Code / Title 40 / Chapter 6 / Part 4 / Section 40-6-415
40-6-415 Terminated
Status: in_force

40-6-415 . Terminated. Sec. 21, Ch. 277, L. 2001.
Mont. Code Ann. § 40-5-443 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-443
40-5-443 Payors to provide information -- exemption from liability
Status: in_force

40-5-443 . Payors to provide information -- exemption from liability. (1) For the purposes of this part, upon written request by the department or by another IV-D agency, a payor or former payor and any labor union of which the obligor or obligee is or may have been a member shall provide the requester with the following information, if known, regarding the obligor or obligee:

(a) last-known residential address;

(b) social security number;

(c) dates of employment or union membership;

(d) amounts of wages, salaries, commissions, contract proceeds, and other earnings or amounts paid;

(e) whether health insurance coverage is or was available through the payor or union and, if so:

(i) the name of the insurer or health care provider;

(ii) the policy numbers or other identifiers; and

(iii) the persons covered; and

(f) names, telephone numbers, and addresses of current and former employers, payors, and unions.

(2) A payor or labor union that discloses information in compliance with this section is exempt from any liability to the obligor or obligee that may result from the disclosure.

(3) Failure to disclose information in compliance with this section subjects the payor or labor union to the sanctions provided in 40-5-226 .

(4) The requester shall keep the information provided under subsection (1) confidential except for purposes of Title IV-D of the Social Security Act.
Mont. Code Ann. § 40-5-1068 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1068
40-5-1068 Notice to issuing tribunal of modification
Status: in_force

40-5-1068 . Notice to issuing tribunal of modification. (1) Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows that the earlier order has been registered.

(2) A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Mont. Code Ann. § 40-2-303 — MT Code / Title 40 / Chapter 2 / Part 3 / Section 40-2-303
40-2-303 Alteration of legal relation by contract -- separation agreement
Status: in_force

40-2-303 . Alteration of legal relation by contract -- separation agreement. A husband and wife cannot by any contract with each other alter their legal relation, except as to property and except that they may agree, in writing, to an immediate separation and may make provision for the support of either of them and of their children during such separation.
Mont. Code Ann. § 40-5-306 — MT Code / Title 40 / Chapter 5 / Part 3 / Section 40-5-306
40-5-306 Discharge of delinquency
Status: in_force

40-5-306 . Discharge of delinquency. (1) In a case in which only arrears are owed, if the obligor pays the total amount of child support in arrears within 15 days after service of the notice specified in 40-5-305 , an order for deduction may not issue. This discharge of delinquency does not affect or otherwise limit any action as a result of any subsequent delinquencies.

(2) If there is a current support obligation, payment of arrears after service of the notice required under 40-5-305 or after service of the income-deduction order on the payor does not prevent the issuance or continuance of an income-deduction order for the payment of current support.
Mont. Code Ann. § 40-6-404 — MT Code / Title 40 / Chapter 6 / Part 4 / Section 40-6-404
40-6-404 Immunity for fire department and law enforcement agency
Status: in_force

40-6-404 . Immunity for fire department and law enforcement agency. A fire department or law enforcement agency and the agents and employees of a fire department or law enforcement agency 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. § 40-7-137 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-137
40-7-137 Binding force of child custody determination
Status: in_force

40-7-137 . Binding force of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with 40-7-106 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent that the determination is modified.
Mont. Code Ann. § 40-6-235 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-235
40-6-235 Parent may relinquish services and custody of child
Status: in_force

40-6-235 . Parent may relinquish services and custody of child. The parent, whether solvent or insolvent, may relinquish to the child the right of controlling the child and receiving the child's earnings. Abandonment by the parent is presumptive evidence of relinquishment.
Mont. Code Ann. § 40-5-823 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-823
40-5-823 Health coverage -- notice of intent to purchase
Status: in_force

40-5-823 . Health coverage -- notice of intent to purchase. (1) The department or a court on request of the department may issue an order requiring the obligated parent to appear and show cause why an order should not be issued permitting the department to purchase individual insurance or health benefit plan coverage for the obligated parent's child and requiring recovery of the premium from the obligated parent if the tribunal finds that:

(a) a medical support obligation has been established by order of a tribunal;

(b) the obligated parent has become delinquent by failing to provide individual insurance or a health benefit plan or lets the individual insurance or health benefit plan lapse;

(c) there is no payor to whom an order of enrollment under 40-5-812 applies;

(d) the child is currently eligible for medical assistance benefits under Title XIX of the federal Social Security Act, as amended; and

(e) other individual insurance or a health benefit plan is available for the child and can be purchased at a reasonable cost.

(2) Prior to issuing or requesting an order to show cause, the department shall give the obligated parent notice of the intent to purchase coverage under this section and an opportunity to enroll the child in individual insurance or a health benefit plan within 30 days after notice is received by the obligated parent.

(3) If the obligated parent provides written proof within the 30 days after receipt of the notice that the child is enrolled in individual insurance or a health benefit plan, no further action may be taken by the department.

(4) After issuing a show cause order and after opportunity for hearing, the tribunal shall promptly rule upon the issues. The proceeding must be dismissed if the tribunal finds that the obligated parent has enrolled the child in individual insurance or a health benefit plan or that the individual insurance or plan that the department intends to purchase is not reasonable.

(5) A health benefit plan purchased under this section may be continued by the department until:

(a) the child is no longer eligible for medical assistance benefits;

(b) the obligated parent is no longer responsible under the law for the medical needs of the child; or

(c) the obligated parent provides written proof that the child has been enrolled in individual insurance or another adequate health benefit plan.
Mont. Code Ann. § 40-1-402 — MT Code / Title 40 / Chapter 1 / Part 4 / Section 40-1-402
40-1-402 Declaration of invalidity
Status: in_force

40-1-402 . Declaration of invalidity. (1) The district court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances:

(a) a party lacked capacity to consent to the marriage at the time that the marriage was entered into, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage;

(b) a party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time that the marriage was entered into, the other party did not know of the incapacity;

(c) a party was under 16 years of age or was 16 or 17 years of age and did not have the consent of the party's parents or guardian or judicial approval; or

(d) the marriage is prohibited.

(2) A declaration of invalidity under subsections (1)(a) through (1)(c) may be sought by any of the following persons and must be commenced within the times specified, but a declaration of invalidity may not be sought after the death of either party to the marriage:

(a) for lack of capacity to consent because of mental incapacity or infirmity, no later than 1 year after the petitioner obtained knowledge of the described condition;

(b) for lack of capacity to consent because of the influence of alcohol, drugs, or other incapacitating substances, no later than 1 year after the petitioner obtained knowledge of the described condition;

(c) for lack of capacity to consent because of force, duress, or fraud, no later than 2 years after the petitioner obtained knowledge of the described condition;

(d) for the reason set forth in subsection (1)(b), by either party, no later than 4 years after the petitioner obtained knowledge of the described condition;

(e) for the reason set forth in subsection (1)(c), by the underaged party or the party's parent or guardian, before the time that the underaged party reaches the age at which the party could have married without satisfying the omitted requirement.

(3) A declaration of invalidity for the reason set forth in subsection (1)(d) may be sought by either party, the legal spouse in case of a bigamous marriage, the county attorney, or a child of either party, at any time before the death of one of the parties.

(4) Children born of a marriage declared invalid are legitimate.

(5) Unless the court finds, after a consideration of all relevant circumstances, including the effect of a retroactive decree on third parties, that the interests of justice would be served by making the decree not retroactive, it shall declare the marriage invalid as of the date of the marriage. The provisions of chapter 4 relating to property rights of the spouses, maintenance, support, and parenting of children on dissolution of marriage are applicable to nonretroactive decrees of invalidity.

(6) The clerk of the court shall give notice of the entry of a decree declaring the invalidity of a marriage:

(a) if the marriage is registered in this state, to the clerk of the district court of the county where the marriage is registered, who shall enter the fact of invalidity in the book in which the marriage license and certificate are recorded; or

(b) if the marriage is registered in another jurisdiction, to the appropriate official of that jurisdiction, with the request that the official enter the fact of invalidity in the appropriate record.
Mont. Code Ann. § 40-2-105 — MT Code / Title 40 / Chapter 2 / Part 1 / Section 40-2-105
40-2-105 Husband and wife as joint tenants
Status: in_force

40-2-105 . Husband and wife as joint tenants. A husband and wife may hold real or personal property together, jointly or in common.
Mont. Code Ann. § 40-6-234 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-234
40-6-234 When parental authority ceases
Status: in_force

40-6-234 . When parental authority ceases. The authority of the parent ceases:

(1) upon the appointment, by a court, of a guardian of the person of a child;

(2) upon the marriage of a child; or

(3) upon its attaining majority.
Mont. Code Ann. § 40-6-221 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-221
40-6-221 Parenting, services, and earnings of child
Status: in_force

40-6-221 . Parenting, services, and earnings of child. The father and mother of an unmarried minor child are equally entitled to the parenting, services, and earnings of the child. If either parent is dead or unable or refuses to exercise parenting or has abandoned the family, the other parent is entitled to the parenting, services, and earnings of the child, unless care of the child is determined otherwise pursuant to 40-4-221 .
Mont. Code Ann. § 40-6-701 — MT Code / Title 40 / Chapter 6 / Part 7 / Section 40-6-701
40-6-701 Interference with fundamental parental rights restricted -- cause of action
Status: reserved

40-6-701 . Interference with fundamental parental rights restricted -- cause of action. (1) A government entity may not interfere with the fundamental right of parents to direct the upbringing, education, health care, and mental health of their children unless the government entity demonstrates that the interference:

(a) furthers a compelling governmental interest; and

(b) is narrowly tailored and is the least restrictive means available for the furthering of the compelling governmental interest.

(2) All fundamental parental rights are exclusively reserved to the parent of a child without obstruction or interference by a government entity, including but not limited to the rights and responsibilities to do the following:

(a) direct the education of the child, including the right to choose public, private, religious, or home schools and the right to make reasonable choices with public schools for the education of the child;

(b) access and review all written and electronic education records relating to the child that are controlled by or in the possession of a school;

(c) direct the upbringing of the child;

(d) direct the moral or religious training of the child;

(e) make and consent to all physical and mental health care decisions for the child;

(f) access and review all health and medical records of the child;

(g) consent before a biometric scan of the child is made, shared, or stored;

(h) consent before a record of the child's blood or DNA is created, stored, or shared, unless authorized pursuant to a court order;

(i) consent before a government entity makes an audio or video recording of the child, unless the audio or video recording is made during or as part of:

(i) a court proceeding;

(ii) a law enforcement investigation;

(iii) a forensic interview in a criminal or child abuse and neglect investigation;

(iv) the security or surveillance of buildings, grounds, or transportation of students;

(v) a photo identification card; or

(vi) an event open to the public, including but not limited to a public performance, an athletic competition, and any preparation, dress rehearsal, or practice for an event open to the public;

(j) be notified promptly if an employee of a government entity suspects that abuse, neglect, or a criminal offense has been committed against the child unless the parent is suspected to have caused the abuse;

(k) except for information that is necessary and essential for establishing a student's education record or for a demographic survey to validate an achievement test used to gain admission to a postsecondary institution:

(i) opt the child out of any personal analysis, evaluation, survey, or data collection by a school district that does not require personally identifiable information; and

(ii) opt the child in to any personal analysis, evaluation, survey, or data collection by a school district that requires personally identifiable information;

(l) have the child excused from school attendance for religious purposes;

(m) participate in parent-teacher associations and school organizations that are sanctioned by the board of trustees of a school district; and

(n) be notified promptly if, and provide consent before, the child would share a room or sleeping quarters with an individual of the opposite sex on a school-sponsored trip. A child whose parent does not provide consent must be permitted to attend the trip and must be provided with reasonable accommodations that do not require the child to share a room or sleeping quarters with an individual of the opposite sex.

(3) A parent must be notified of the right to opt out of any physical and mental health surveys and screenings of their child. A parent must be notified of any issues or concerns resulting from a physical and mental health survey or screening of their child.

(4) Except for law enforcement, an employee of a government entity may not encourage or coerce a child to withhold information from the child's parent and may not withhold from a child's parent information that is relevant to the physical, emotional, or mental health of a child.

(5) This section may not be construed as invalidating the provisions of Title 41, chapter 3, or modifying the burden of proof at any stage of the proceedings under Title 41, chapter 3.

(6) When a parent's fundamental rights protected by 40-6-702 , 40-6-707 , 41-1-402 , 41-1-403 , 41-1-405 , and this section are violated, a parent may assert that violation as a claim or defense in an administrative or judicial proceeding and may obtain appropriate relief without regard to whether the proceeding is brought by or in the name of a government entity, a private person, or any other party. The prevailing party in an action filed pursuant to 40-6-702 , 40-6-707 , 41-1-402 , 41-1-403 , 41-1-405 , and this section is entitled to reasonable attorney fees and costs.

(7) As used in this section, the following definitions apply:

(a) "Child" means an individual under 18 years of age.

(b) "Education record" means attendance records, test scores of school-administered tests and statewide assessments, grades, school-sponsored or extracurricular activity or club participation, email accounts, online or virtual accounts or data, disciplinary records, counseling records, psychological records, applications for admission, health and immunization information including any medical records maintained by a health clinic or medical facility operated or controlled by the school district or located on the district property, teacher and counselor evaluations, and reports of behavioral patterns.

(c) "Government entity" means the state, its political subdivisions, or any department, agency, commission, board, authority, institution, or office of the state, including a municipality, county, consolidated municipal-county government, school district, or other special district.

(d) "Parent" means a biological parent of a child, an adoptive parent of a child, or an individual who has been granted the exclusive right and authority over the welfare of a child under state law.

(e) "Substantial burden" means an action that directly or indirectly constrains, inhibits, curtails, or denies the right of a parent to direct the upbringing, education, health care, and mental health of the parent's child. The term includes but is not limited to:

(i) withholding benefits;

(ii) assessing criminal, civil, or administrative penalties; or

(iii) exclusion from a government program.
Mont. Code Ann. § 40-5-255 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-255
40-5-255 Charging off child support debts as uncollectible -- sale of support debts
Status: in_force

40-5-255 . Charging off child support debts as uncollectible -- sale of support debts. (1) Any support debt due the department from an obligor, which debt the department determines uncollectible, may be transferred from accounts receivable to a suspense account and cease to be accounted as an asset. If a warrant for distraint has been filed and the support debt has subsequently been charged off as uncollectible, the department shall issue a release of lien.

(2) At any time after 10 years from the date of termination of the support obligation or after 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, the department may charge off as uncollectible any support debt upon which the department finds there is no available, practical, or lawful means by which the support debt may be collected. A proceeding or action under the provisions of this part may not be begun after expiration of the 10-year period to institute collection of a support debt. This part may not be construed to render invalid or nonactionable a warrant for distraint issued by the department prior to the expiration of the 10-year period or an assignment of earnings executed prior to the expiration of the 10-year period.

(3) The department may discount and sell to a private collection agency, credit bureau, or other private entity any interest that the state and the department may have in the unpaid balance of the support debt created by 40-5-221 and 53-4-248 or assigned to the department under 53-2-613 .

(a) The sale must be by sealed bid to the highest bidder provided that the highest bid is not less than 10% of the value of the support debt subject to the sale.

(b) The sale must be subject to conditions and terms that the department may set out in a sales contract.

(c) The department shall publish notice of the sale in a newspaper having statewide circulation once a week for 4 successive weeks.

(d) Proceeds must be paid into the state treasury to the credit of the child support enforcement division special revenue fund.
Mont. Code Ann. § 40-1-104 — MT Code / Title 40 / Chapter 1 / Part 1 / Section 40-1-104
40-1-104 Application
Status: in_force

40-1-104 . Application. All marriages contracted within this state prior to January 1, 1976, or outside the state, that were valid at the time of the contract or subsequently validated by the laws of the place in which they were contracted or by the domicile of the parties are valid in this state.
Mont. Code Ann. § 40-5-419 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-419
40-5-419 Alternative method of payment in lieu of income withholding
Status: in_force

40-5-419 . Alternative method of payment in lieu of income withholding. (1) If an obligor who would otherwise be subject to immediate income withholding under 40-5-411 demonstrates good cause not to require immediate income withholding and the department concurs, the department may enter into a written agreement with the obligor that provides for an alternative method of payment in lieu of and to satisfy immediate income withholding.

(2) The agreement must allow funds to be deducted from a financial institution deposit account or to be paid by credit card.

(3) To qualify for an alternative method of payment, an obligor must have paid the full amount of the child support obligation for the lesser of either the past 12 months or the time period since the support order was issued.
Mont. Code Ann. § 40-5-911 — MT Code / Title 40 / Chapter 5 / Part 9 / Section 40-5-911
40-5-911 Monitor payments -- enforcement
Status: in_force

40-5-911 . Monitor payments -- enforcement. The department shall monitor all IV-D cases in the case registry and payment processing unit to promptly identify failures to make timely payment of support. If payment is not timely made, the department may:

(1) determine why a timely payment was not received and take any action the department considers appropriate if there is an order to withhold income issued to a current payor;

(2) promptly transmit an income-withholding order to the obligor's payor if the obligor is not currently subject to income withholding; or

(3) promptly transmit an income-withholding order upon receipt of information identifying a payor if a payor was formerly unknown; and

(4) take any additional enforcement action the department considers appropriate in all cases with an identified delinquency.
Mont. Code Ann. § 40-5-271 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-271
40-5-271 Registration of support orders
Status: in_force

40-5-271 . Registration of support orders. (1) The department may, for the purpose of review and modification proceedings under 40-5-272 and 40-5-273 , register support orders issued by a court or administrative agency of another state, an Indian tribe, or a country. Registration of the order under this section does not confer jurisdiction for any purpose other than for the review and modification process.

(2) When the department conducts review and modification proceedings, the department shall give the parties notice by personal service or certified mail and opportunity to contest registration of the order. The notice may be included in the notice issued under 40-5-273 . A party seeking to vacate the registered order has the burden of proving that the court or agency issuing the order:

(a) did not have jurisdiction to enter the order;

(b) did not have personal jurisdiction over the party; or

(c) did not give the party reasonable notice and opportunity to be heard before the order was entered.

(3) (a) As an alternative to any other registration process or remedy available for the enforcement of a support order issued by a court or agency in another state, an Indian tribe, or a country, the department may register the support order under this subsection (3).

(b) Registration under this subsection (3) is only for the purpose of enforcement and does not confer jurisdiction for any other purpose such as visitation, custody, or paternity disputes.

(c) If an order is registered for enforcement under this subsection (3), the department shall notify the parties to the order of the registration. A copy of the registered order must be included with the notice. The notice must inform the parties:

(i) of the amount of any alleged arrearage as of the date of the notice;

(ii) that a party may request a hearing to vacate the registration or to assert defense to any alleged arrearage for any reason set out in subsection (3)(e);

(iii) that a hearing to contest the validity or enforcement of the order must be requested within 20 days after service of the notice; and

(iv) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearage and will preclude further contest of the order with respect to any matter that could have been asserted at the hearing.

(d) A party seeking to contest the validity or enforcement of a registered order shall request a hearing within 20 days after service of the notice of registration. If a party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. If a party timely requests a hearing to contest the validity or enforcement of the order, the department shall schedule the matter for hearing.

(e) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(i) the court or agency issuing the order did not have subject matter jurisdiction to enter the order or lacked personal jurisdiction over the contesting party;

(ii) the court or agency issuing the order did not give the party reasonable notice and opportunity to be heard before the order was entered;

(iii) the order was obtained by fraud;

(iv) the issuing court or agency has stayed enforcement of the order pending appeal;

(v) the order has been vacated, suspended, or modified by a later order;

(vi) there is a defense under the law of this state to the remedy sought; or

(vii) the statute of limitations precludes enforcement of some or all of the arrearages.

(f) If the contesting party does not establish a defense under subsection (3)(e) to the validity or enforcement of the order, the department shall issue an order confirming the order. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of the registration. A confirmed order is enforceable as of the date of confirmation in the same manner as an order issued by the department or a district court of this state.

(g) In a proceeding for arrears, the statute of limitations under the laws of this state or of the issuing jurisdiction, whichever is longer, applies.

(h) Hearings under this subsection (3) are subject to the provisions of the Montana Administrative Procedure Act and must initially be conducted by teleconferencing methods. At the request of a party, the hearings officer shall, at the close of a teleconference hearing, grant a de novo in-person hearing.
Mont. Code Ann. § 40-15-117 — MT Code / Title 40 / Chapter 15 / Part 1 / Section 40-15-117
40-15-117 Substitute address for participant -- application -- duties of department -- penalty
Status: in_force

40-15-117 . Substitute address for participant -- application -- duties of department -- penalty. (1) A victim who is a resident of this state may apply to the department to have a substitute address designated by the department to serve as the official address of the applicant.

(2) An application for the issuance of a substitute address must include:

(a) proof that the victim is a resident of this state and specific evidence showing that, before the applicant files the application, the applicant has been a victim;

(b) the address that is requested to be kept confidential;

(c) a telephone number at which the department may contact the applicant;

(d) a question asking whether the applicant wishes to register to vote or, if registered, to change the applicant's address for voter registration;

(e) a designation of the department as agent for the applicant for the purposes of service of process and receipt of mail;

(f) the signature of the applicant;

(g) the date on which the applicant signed the application; and

(h) any other information required by the department.

(3) The department shall approve or disapprove an application within 5 business days after the application is filed.

(4) (a) The department:

(i) shall approve an application that is accompanied by specific evidence that the applicant has been a victim within 4 years prior to filing the application; and

(ii) may approve an application if the applicant does not provide specific evidence or the crime against the applicant was committed more than 4 years prior to the applicant filing the application.

(b) Specific evidence that would meet the requirements of this subsection (4) includes but is not limited to a copy of an applicable record of conviction, a temporary restraining order, a protective order granted by a court of competent jurisdiction, or a sworn statement of the victim.

(5) If a participant indicates in response to the question asked in subsection (2)(d) that the participant wishes to register to vote or to change the participant's address used for voter registration:

(a) the department shall furnish the participant with a form developed by the department to register the participant or change the participant's address for voter registration; and

(b) the participant shall complete and sign the form and return it to the department.

(6) A person who knowingly attests falsely or provides incorrect information in the application is guilty of false swearing under 45-7-202 .
Mont. Code Ann. § 40-5-1039 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1039
40-5-1039 Receipt and disbursement of payments
Status: in_force

40-5-1039 . Receipt and disbursement of payments. (1) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

(2) If neither the obligor nor the obligee who is an individual nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:

(a) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(b) issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(3) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (2) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
Mont. Code Ann. § 40-16-110 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-110
40-16-110 Party participation
Status: in_force

40-16-110 . Party participation. (1) A party may:

(a) be represented in an arbitration by an attorney;

(b) be accompanied by an individual who will not be called as a witness or act as an advocate; and

(c) participate in the arbitration to the full extent permitted under the law and procedural rules of this state.

(2) A party or representative of a party may not communicate ex parte with the arbitrator except to the extent allowed in a family law proceeding for communication with a judge.
Mont. Code Ann. § 40-5-236 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-236
40-5-236 Referral of paternity issue to district court -- record -- parties -- exclusion of other matters -- fees
Status: in_force

40-5-236 . Referral of paternity issue to district court -- record -- parties -- exclusion of other matters -- fees. (1) If the scientific evidence resulting from a paternity genetic test does not exclude the alleged father and the alleged father continues to deny paternity, the alleged father shall file a written objection with the department within 20 days after service of the paternity genetic test results specifically requesting referral of the paternity issue to the district court. Upon receipt of the written objection, the department shall refer the matter to the district court for a determination based on the contents of the administrative hearing record and any further evidence that may be produced at trial. Except as otherwise provided in 40-5-231 through 40-5-237 , proceedings in the district court must be conducted pursuant to Title 40, chapter 6, part 1.

(2) The administrative record must include:

(a) a copy of the notice of parental responsibility and the return of service of the notice;

(b) the alleged father's written denial of paternity, if any;

(c) the transcript of the administrative hearing;

(d) the paternity genetic test results and any report of an expert based on the results; and

(e) any other relevant information.

(3) Upon filing of the record with the district court, the court acquires jurisdiction over the parties as if they had been served with a summons and complaint. The department shall serve written notice upon the alleged father, as provided in 40-5-231 (2), that the issue of paternity has been referred to the district court for determination.

(4) In a proceeding in the district court, the department shall appear on the issue of paternity only. The court may not appoint a guardian ad litem for the child unless the court in its discretion determines that an appointment is necessary and in the best interest of the child. Neither the mother nor the child is a necessary party, but either may testify as a witness.

(5) No other matter may be joined with an action to determine the existence or nonexistence of the parent and child relationship under this section. The parties shall institute an independent action to address other issues, including visitation and custody.

(6) Except as provided in 25-10-711 , the department is not liable for attorney fees, including fees for attorneys assigned under 40-6-119 , or fees of a guardian ad litem appointed under 40-6-110 .
Mont. Code Ann. § 40-3-131 — MT Code / Title 40 / Chapter 3 / Part 1 / Section 40-3-131
40-3-131 Stipulation form and contents
Status: in_force

40-3-131 . Stipulation form and contents. A stipulation filed pursuant to this chapter must be signed by both parties and their counsel of record, if any, and include:

(1) a statement that both parties desire to stay the proceedings to allow the parties to pursue reconciliation;

(2) any agreements for support, parenting, or other matter related to the pending litigation that should continue in effect during the stay; and

(3) any other information the district court may by local rule require.
Mont. Code Ann. § 40-6-110 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-110
40-6-110 Parties
Status: in_force

40-6-110 . Parties. The child must be made a party to the action. A minor must be represented by the minor's general guardian or a guardian ad litem appointed by the court. The child's mother or father may not represent the child as guardian or otherwise. The court may not appoint the department of public health and human services or any of its staff as guardian ad litem for the child. The natural mother, each person presumed to be the father under 40-6-105 , and each person alleged to be the natural father must be made parties or, if not subject to the jurisdiction of the court, must be given notice of the action in a manner prescribed by the court and must be given an opportunity to be heard. The court may align the parties.
Mont. Code Ann. § 40-5-1080 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1080
40-5-1080 Recognition and enforcement of registered convention support order
Status: in_force

40-5-1080 . Recognition and enforcement of registered convention support order. (1) Except as otherwise provided in subsection (2), a tribunal of this state shall recognize and enforce a registered convention support order.

(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:

(a) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(b) the issuing tribunal lacked personal jurisdiction consistent with 40-5-1008 ;

(c) the order is not enforceable in the issuing country;

(d) the order was obtained by fraud in connection with a matter of procedure;

(e) a record transmitted in accordance with 40-5-1078 lacks authenticity or integrity;

(f) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

(g) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this part in this state;

(h) payment, to the extent alleged arrears have been paid in whole or in part;

(i) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

(i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(j) the order was made in violation of 40-5-1083 .

(3) If a tribunal of this state does not recognize a convention support order under subsection (2)(b), (2)(d), or (2)(i):

(a) the tribunal may not dismiss the proceedings without allowing a reasonable time for a party to request the establishment of a new convention support order; and

(b) the department of public health and human services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under 40-5-1076 .
Mont. Code Ann. § 40-5-257 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-257
40-5-257 Assignment of earnings to be honored -- effect
Status: in_force

40-5-257 . Assignment of earnings to be honored -- effect. (1) Any person, firm, corporation, association, political subdivision, or department of the state employing an obligor shall honor, according to its terms, a duly executed assignment of earnings, whether executed voluntarily or pursuant to a support order presented by the department. This requirement to honor the assignment of earnings and the assignment of earnings itself are applicable whether the earnings are to be paid presently or in the future and continue in force until released in writing by the department.

(2) Payment of money pursuant to an assignment of earnings presented by the department serves as full acquittance under any contract of employment. The state shall defend and hold harmless any action taken pursuant to the assignment of earnings. The department is released from liability for improper receipt of money under an assignment of earnings upon return of any money so received.
Mont. Code Ann. § 40-7-140 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-140
40-7-140 Cooperation between courts -- preservation of records
Status: in_force

40-7-140 . Cooperation between courts -- preservation of records. (1) A court of this state may request the appropriate court of another state to:

(a) hold an evidentiary hearing;

(b) order a person to produce or give evidence pursuant to procedures of that state;

(c) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(d) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(e) order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(2) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1).

(3) Travel and other necessary and reasonable expenses incurred under subsections (1) and (2) may be assessed against the parties according to the law of this state.

(4) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Mont. Code Ann. § 40-5-702 — MT Code / Title 40 / Chapter 5 / Part 7 / Section 40-5-702
40-5-702 Notice of intent to suspend license
Status: in_force

40-5-702 . Notice of intent to suspend license. (1) Upon the petition of an obligee alleging the existence of a delinquency or upon the failure of an obligor to comply with a subpoena or warrant, a support enforcement entity may issue a notice of intent to suspend a license.

(2) The notice must be served upon the obligor personally or by certified mail and may:

(a) in a IV-D case, be incorporated into any notice served under Title 17, chapter 4, part 1, or Title 40, chapter 5, part 2 or 4;

(b) in all other cases, be combined with any other enforcement proceeding.

(3) The notice must state that the obligor's license will be suspended 60 days after service unless within that time the obligor:

(a) pays the entire support debt stated in the notice;

(b) enters into a payment plan approved by the support enforcement entity;

(c) complies with the subpoena or warrant; or

(d) appears and shows cause in a hearing before the support enforcement entity under 40-5-703 that suspension of a license is not appropriate.

(4) In a IV-D case, the notice must advise the obligor that hearings conducted under 40-5-703 are subject to the contested case provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 40-16-108 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-108
40-16-108 Qualification and selection of arbitrator
Status: in_force

40-16-108 . Qualification and selection of arbitrator. (1) Except as otherwise provided in subsection (2), unless waived in a record by the parties, an arbitrator must be:

(a) an attorney in good standing admitted to practice in the state or a retired Montana district court judge; and

(b) trained in identifying domestic violence.

(2) The identification in the arbitration agreement of an arbitrator or arbitration organization or the method for selecting an arbitrator that is specified in the arbitration agreement controls how an arbitrator is selected.

(3) If an arbitrator is unable or unwilling to act, or if the agreed-on method of selecting an arbitrator fails, on motion of a party, the court shall select an arbitrator.
Mont. Code Ann. § 40-5-1061 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1061
40-5-1061 Contest of registration or enforcement
Status: in_force

40-5-1061 . Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(a) the issuing tribunal lacked personal jurisdiction over the contesting party;

(b) the order was obtained by fraud;

(c) the order has been vacated, suspended, or modified by a later order;

(d) the issuing tribunal has stayed the order pending appeal;

(e) there is a defense under the law of this state to the remedy sought;

(f) full or partial payment has been made;

(g) the statute of limitations under 40-5-1058 precludes enforcement of some or all of the alleged arrearages; or

(h) the alleged controlling order is not the controlling order.

(2) If a party presents evidence establishing a full or partial defense under subsection (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

(3) If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Mont. Code Ann. § 40-4-305 — MT Code / Title 40 / Chapter 4 / Part 3 / Section 40-4-305
40-4-305 Mediation agreement
Status: in_force

40-4-305 . Mediation agreement. An agreement reached by the parties as a result of mediation must be discussed by the parties with their attorneys, if any, before the agreement is finalized. An agreement reached in mediation is not admissible as evidence in any action unless the agreement has been affirmed by the parties in a signed, written agreement. The signed, written agreement is governed by 40-4-201 .
Mont. Code Ann. § 40-4-102 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-102
40-4-102 Uniformity of application and construction
Status: in_force

40-4-102 . Uniformity of application and construction. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
Mont. Code Ann. § 40-1-102 — MT Code / Title 40 / Chapter 1 / Part 1 / Section 40-1-102
40-1-102 Uniformity of application and construction
Status: in_force

40-1-102 . Uniformity of application and construction. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
Mont. Code Ann. § 40-7-107 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-107
40-7-107 Simultaneous proceedings
Status: in_force

40-7-107 . Simultaneous proceedings. (1) Except as otherwise provided in 40-7-204 , a court of this state may not exercise its jurisdiction under 40-7-105 , 40-7-107 through 40-7-110 , 40-7-112 , and 40-7-201 through 40-7-203 if at the time of commencement of the proceeding a proceeding concerning the custody of the child had been previously commenced in a court of another state having jurisdiction substantially in conformity with this chapter unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under 40-7-108 .

(2) Except as otherwise provided in 40-7-204 , a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to 40-7-110 . If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(a) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(b) enjoin the parties from continuing with the proceeding for enforcement; or

(c) proceed with the modification under conditions that it considers appropriate.
Mont. Code Ann. § 40-1-201 — MT Code / Title 40 / Chapter 1 / Part 2 / Section 40-1-201
40-1-201 License application
Status: in_force

40-1-201 . License application. (1) Parties may not be joined in marriage within this state until a license has been obtained for that purpose from a clerk of the district court.

(2) A license authorizes a marriage ceremony to be performed in any county of this state.

(3) If an applicant for a marriage license is a nonresident of the county where the license is to issue, the nonresident applicant's part of the application may be completed and sworn to or affirmed before the person authorized to accept license applications in the county and state in which the nonresident applicant resides.
Mont. Code Ann. § 40-5-401 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-401
40-5-401 Short title
Status: in_force

40-5-401 . Short title. This part may be cited as the "Child Support Enforcement Act".
Mont. Code Ann. § 40-6-237 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-237
40-6-237 Destruction of property by minor -- liability of parents
Status: in_force

40-6-237 . Destruction of property by minor -- liability of parents. A municipal corporation, county, city, town, school district, or department of the state of Montana, a person, or a religious organization whether incorporated or unincorporated is entitled to recover damages in a civil action in an amount not to exceed $6,900 in a court of competent jurisdiction from the parents of a person under 18 years of age, living with the parents, who maliciously or willfully destroys property, real, personal, or mixed, belonging to the municipal corporation, county, city, town, school district, department of the state of Montana, person, or religious organization.
Mont. Code Ann. § 40-16-128 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-128
40-16-128 Transition
Status: in_force

40-16-128 . Transition. This part applies to arbitration of a family law dispute under an arbitration agreement made on or after October 1, 2021. If an arbitration agreement was made before October 1, 2021, the parties may agree in a record that this part applies to the arbitration.
Mont. Code Ann. § 40-5-422 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-422
40-5-422 Obligor rights protected -- penalties
Status: in_force

40-5-422 . Obligor rights protected -- penalties. (1) An employer may not discharge, discipline, or refuse to hire an obligor:

(a) because the person has a child support obligation; or

(b) because of the institution of income withholding on the obligor's income or the initiation of proceedings under this part.

(2) Any person who violates this section may be fined not more than $500 and not less than $150 and may be required to make full restitution to the aggrieved obligor, including reinstatement and backpay.
Mont. Code Ann. § 40-2-312 — MT Code / Title 40 / Chapter 2 / Part 3 / Section 40-2-312
40-2-312 Marriage settlement contracts -- how executed
Status: in_force

40-2-312 . Marriage settlement contracts -- how executed. Except as provided in part 6 of this chapter, all contracts for marriage settlements must be in writing and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowledged or proved.
Mont. Code Ann. § 40-5-816 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-816
40-5-816 Newborn children
Status: in_force

40-5-816 . Newborn children. A health benefit plan must provide the coverage required by 33-22-301 to a newborn child covered by this part.
Mont. Code Ann. § 40-4-227 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-227
40-4-227 Rights of parents and children -- policy -- findings
Status: in_force

40-4-227 . Rights of parents and children -- policy -- findings. (1) It is the policy of the state of Montana:

(a) to recognize the constitutionally protected rights of parents and the integrity of the family unit;

(b) to recognize a child's constitutionally protected rights, including all fundamental rights unless those rights are specifically precluded by laws that enhance their protection; and

(c) to ensure that the best interests of the child are met in parenting proceedings.

(2) The legislature finds:

(a) that while it is in the best interests of a child to maintain a relationship with a natural parent, a natural parent's inchoate interest in the child requires constitutional protection only when the parent has demonstrated a timely commitment to the responsibilities of parenthood; and

(b) that a parent's constitutionally protected interest in the parental control of a child should yield to the best interests of the child when the parent's conduct is contrary to the child-parent relationship.
Mont. Code Ann. § 40-5-809 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-809
40-5-809 Effect of order on health benefit plans
Status: in_force

40-5-809 . Effect of order on health benefit plans. (1) The duties and responsibilities under a plan pursuant to this part apply equally to a union or employer that serves as the administrator of a plan for a parent who is a member or employee.

(2) A copy of a medical support order requiring enrollment of a child in a health benefit plan may be submitted to the plan administrator by either parent, by the department, by a third-party custodian, or by an employer-payor of either parent. The party submitting the order shall submit the child's name and birth date and the names and mailing addresses of the parents. If the child is a recipient of public assistance, the party submitting the order shall also submit the address of the department. If there is a third-party custodian of the child, the address of the third-party custodian must also be submitted. A copy of a medical support order may be served on the plan administrator by certified mail.

(3) Presentation of the medical support order to the plan administrator authorizes each parent, the department, if the department has interest, or the third-party custodian to receive pertinent notices from the plan administrator and to freely communicate and generally interact with the plan administrator in all respects regarding the child's benefits as fully and effectively as if the obligated parent were to do so personally.

(4) If a medical support order requires the child to be enrolled in a health benefit plan, presentation of the order to the plan administrator binds the plan to enroll the child in the plan as provided by this part.

(5) If a health benefit plan is available through the obligated parent's employer or other payor of income, presentation of the medical support order to the payor binds the payor to enrollment of the child in the plan and to automatically deduct premium payments required by the plan from the obligated parent's income and remit them to the plan provider for as long as the obligated parent is eligible for coverage.

(6) (a) Ambiguities and discrepancies in an order may not be used to unreasonably or unnecessarily delay health benefit plan coverage for a child.

(b) If more than one plan is available to an obligated parent and the medical support order fails to specify a plan or combination of benefits to be provided for a child or if there has been a change in plans due to a change in employment of the obligated parent or for some other reason, the parties and the department shall apply the medical support order so as to provide the child with coverage under a plan that has a reasonable cost and that provides the child with benefits closest to those described in the order.
Mont. Code Ann. § 40-16-121 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-121
40-16-121 Judgment on award
Status: in_force

40-16-121 . Judgment on award. (1) On granting an order confirming, vacating without directing a rehearing, or amending an award under this part, the court shall enter judgment in conformity with the order.

(2) On motion of a party, the court may order that a document or part of the arbitration record be sealed or redacted to prevent public disclosure of all or part of the record or award to the extent permitted under the law of this state.
Mont. Code Ann. § 40-6-218 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-218
40-6-218 Compensation and support of person after attaining majority
Status: in_force

40-6-218 . Compensation and support of person after attaining majority. Where a person, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor.
Mont. Code Ann. § 40-5-703 — MT Code / Title 40 / Chapter 5 / Part 7 / Section 40-5-703
40-5-703 Hearing -- order suspending license
Status: in_force

40-5-703 . Hearing -- order suspending license. (1) To show cause why suspension of a license would not be appropriate, the obligor shall request a hearing from the support enforcement entity that issued the notice of intent to suspend the license. The request must be made within 60 days of the date of service of the notice.

(2) Upon receipt of a request for hearing from an obligor, the support enforcement entity shall schedule a hearing for the purpose of determining if suspension of the obligor's license is appropriate. A court hearing may be conducted by teleconferencing methods. A department hearing must initially be conducted by teleconferencing methods and is subject to the Montana Administrative Procedure Act. The support enforcement entity shall stay suspension of the license pending the outcome of the hearing.

(3) The only issues that may be determined in a hearing under this section are the amount of the support debt or support obligation, if any, whether or not a delinquency exists, whether or not the obligor has entered into a payment plan, and whether or not the obligor failed to comply with a subpoena or warrant.

(4) If an obligor fails to respond to a notice of intent to suspend a license, fails to timely request a hearing, or fails to appear at a regularly scheduled hearing, the obligor's defenses, objections, or request for a payment plan must be considered to be without merit and the support enforcement entity shall enter a final decision and order accordingly.

(5) If the support enforcement entity determines that the obligor owes a delinquency and that the obligor has not entered into a payment plan or that the obligor failed to comply with a subpoena or warrant, the support enforcement entity shall issue an order suspending the obligor's license and ordering the obligor to refrain from engaging in the licensed activity. The support enforcement entity shall send a copy of the order suspending a license to the obligor and shall notify the licensing authority in writing of the suspension. Notification to the licensing authority is not required if the support enforcement entity has previously suspended the license of the obligor and the suspension is still in effect.

(6) The determinations of the department under this section are a final agency decision and are subject to judicial review under 40-5-253 and the Montana Administrative Procedure Act.

(7) A determination made by the support enforcement entity under this part is independent of any proceeding of the licensing authority to suspend, revoke, deny, terminate, or renew a license.
Mont. Code Ann. § 40-3-101 — MT Code / Title 40 / Chapter 3 / Part 1 / Section 40-3-101
40-3-101 Citation
Status: in_force

40-3-101 . Citation. This chapter may be cited as the "Montana Conciliation Law".
Mont. Code Ann. § 40-16-116 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-116
40-16-116 Confirmation of award
Status: in_force

40-16-116 . Confirmation of award. (1) After an arbitrator gives notice under 40-16-115 (1) of an award, including an award corrected under 40-16-117 , a party may move the court for an order confirming the award.

(2) Except as otherwise provided in subsection (3), the court shall confirm an award under this part if:

(a) the parties agree in a record to confirmation; or

(b) the time has expired for making a motion, and no motion is pending, under 40-16-118 or 40-16-119 .

(3) If an award determines a child-related dispute, the court shall confirm the award under subsection (2) if the court finds, after a review of the record if necessary, that the award on its face:

(a) complies with 40-16-115 and law of this state governing a child-related dispute; and

(b) is in the best interests of the child.

(4) On confirmation, an award under this part is enforceable as a judgment.
Mont. Code Ann. § 40-4-136 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-136
40-4-136 Brochure to describe proceedings -- availability -- distribution -- contents and form
Status: in_force

40-4-136 . Brochure to describe proceedings -- availability -- distribution -- contents and form. (1) Each district court shall make available a brochure, prepared and distributed by the attorney general, describing the requirements, nature, and effect of proceedings under 40-4-130 through 40-4-136 .

(2) (a) In nontechnical language, the brochure must:

(i) state that it is in the best interests of the parties to consult an attorney regarding the dissolution of their marriage. The services of an attorney may be obtained through lawyer referral services, group or prepaid legal services, or legal aid organizations.

(ii) state that the brochure is not intended as a guide for self-representation in proceedings under 40-4-130 through 40-4-136 and should not be relied upon exclusively by the parties;

(iii) provide a concise summary of the provisions of 40-4-104 and 40-4-130 through 40-4-136 ;

(iv) state that under the provisions of 40-4-130 through 40-4-136 , neither party to the marriage may obtain maintenance from the other;

(v) state in boldface type that, upon entry of final judgment, the parties' rights and obligations with respect to the marriage, including property and maintenance rights, are permanently adjudicated without right of appeal but that neither party is barred from instituting an action to set aside the final judgment for fraud, duress, accident, mistake, or other grounds recognized at law or in equity or to make a motion pursuant to the Montana Rules of Civil Procedure; and

(vi) state that until final judgment is entered, the parties retain the status of married persons and cannot remarry.

(b) The brochure may include other matters that the attorney general considers appropriate.
Mont. Code Ann. § 40-5-1034 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1034
40-5-1034 Limited immunity of petitioner
Status: in_force

40-5-1034 . Limited immunity of petitioner. (1) Participation by a petitioner in a proceeding under this part before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this part.

(3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this part committed by a party while physically present in this state to participate in the proceeding.
Mont. Code Ann. § 40-7-311 — MT Code / Title 40 / Chapter 7 / Part 3 / Section 40-7-311
40-7-311 Warrant to take physical custody of child
Status: in_force

40-7-311 . Warrant to take physical custody of child. (1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or to be removed from this state.

(2) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or to be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by 40-7-308 (2).

(3) A warrant to take physical custody of a child must:

(a) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(b) direct law enforcement officers to take physical custody of the child immediately; and

(c) provide for the placement of the child, pending final relief.

(4) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.

(5) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Mont. Code Ann. § 40-7-309 — MT Code / Title 40 / Chapter 7 / Part 3 / Section 40-7-309
40-7-309 Service of petition and order
Status: in_force

40-7-309 . Service of petition and order. Except as otherwise provided in 40-7-311 , the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
Mont. Code Ann. § 40-2-109 — MT Code / Title 40 / Chapter 2 / Part 1 / Section 40-2-109
40-2-109 Right of person to sue spouse for intentional tort
Status: in_force

40-2-109 . Right of person to sue spouse for intentional tort. A person has a cause of action against the person's spouse for damages caused by the spouse's intentional tort against the person, and the common-law doctrine of interspousal tort immunity is, to that extent, abolished.
Mont. Code Ann. § 40-5-1036 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1036
40-5-1036 Special rules of evidence and procedure
Status: in_force

40-5-1036 . Special rules of evidence and procedure. (1) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(2) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them that would not be excluded under the hearsay rule if given in person is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

(3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.

(4) Copies of bills for testing for parentage of a child and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(5) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(6) In a proceeding under this part, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this part.

(9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this part.

(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
Mont. Code Ann. § 40-5-433 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-433
40-5-433 Additional duties of department in income withholding
Status: in_force

40-5-433 . Additional duties of department in income withholding. (1) If the department determines that the obligor is no longer employed in this state or no longer derives income within this state, the department shall promptly notify the agency that requested income withholding of the changes and shall forward to that agency all information it has with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income.

(2) The department shall promptly transmit payments received on an income-withholding order to the agency or person designated in the application.
Mont. Code Ann. § 40-5-1055 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1055
40-5-1055 Registration of order for enforcement
Status: in_force

40-5-1055 . Registration of order for enforcement. A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
Mont. Code Ann. § 40-4-202 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-202
40-4-202 Division of property
Status: in_force

40-4-202 . Division of property. (1) In a proceeding for dissolution of a marriage, legal separation, or division of property following a decree of dissolution of marriage or legal separation by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to divide the property, the court, without regard to marital misconduct, shall, and in a proceeding for legal separation may, finally equitably apportion between the parties the property and assets belonging to either or both, however and whenever acquired and whether the title to the property and assets is in the name of the husband or wife or both. In making apportionment, the court shall consider the duration of the marriage and prior marriage of either party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, custodial provisions, whether the apportionment is in lieu of or in addition to maintenance, and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution or dissipation of value of the respective estates and the contribution of a spouse as a homemaker or to the family unit. In dividing property acquired prior to the marriage, property acquired by gift, bequest, devise, or descent, property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent, the increased value of property acquired prior to marriage, and property acquired by a spouse after a decree of legal separation, the court shall consider those contributions of the other spouse to the marriage, including:

(a) the nonmonetary contribution of a homemaker;

(b) the extent to which the contributions have facilitated the maintenance of the property; and

(c) whether or not the property division serves as an alternative to maintenance arrangements.

(2) In a proceeding, the court may protect and promote the best interests of the children by setting aside a portion of the jointly and separately held estates of the parties in a separate fund or trust for the support, maintenance, education, and general welfare of any minor, dependent, or incompetent children of the parties.

(3) Each spouse is considered to have a common ownership in marital property that vests immediately preceding the entry of the decree of dissolution or declaration of invalidity. The extent of the vested interest must be determined and made final by the court pursuant to this section.

(4) The division and apportionment of marital property caused by or incident to a decree of dissolution, a decree of legal separation, or a declaration of invalidity is not a sale, exchange, transfer, or disposition of or dealing in property but is a division of the common ownership of the parties for purposes of:

(a) the property laws of this state;

(b) the income tax laws of this state; and

(c) the federal income tax laws.

(5) Premarital agreements must be enforced as provided in Title 40, chapter 2, part 6.

(6) 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. § 40-5-910 — MT Code / Title 40 / Chapter 5 / Part 9 / Section 40-5-910
40-5-910 Distribution of payments
Status: in_force

40-5-910 . Distribution of payments. (1) Support payments processed through the case processing unit must be promptly disbursed unless one of the following circumstances or a similar circumstance prevents prompt distribution:

(a) the location of the obligee is unknown;

(b) the support debt is in litigation or, in an income-withholding case, the income-withholding action is contested; or

(c) the department receives a payment that does not include sufficient information to identify the case or the obligee.

(2) A disbursement must comply with department rules for distribution in IV-D cases, notwithstanding an endorsement or other writing accompanying the payment that restricts disbursement or purports to direct disbursement in a manner contrary to the department's rules.

(3) If the department is unable to make a distribution because the obligee's location is unknown, the department shall return the payment to the obligor.

(4) If a payment properly distributed under this section is later determined by a court or by department decision to be refundable to the obligor for any reason, except for when the department is the obligee, the department need not pay the refund or recover the refunded amount from the obligee or from any person or agency to whom the amount was distributed.

(5) If the department distributes a support payment in error or if a distribution is made to a person, obligee, or agency not entitled to retain the distributed amount, the department may obtain restitution by means of a setoff against future payments, including arrears payments, received on behalf of the person, obligee, or agency. A setoff against future payments of current support is limited to 10% of the payment.
Mont. Code Ann. § 40-5-278 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-278
40-5-278 Limited review of support order
Status: in_force

40-5-278 . Limited review of support order. A party may apply for a limited review to address a specific change that occurred after a support order was entered, that is not caused by an increase or decrease in a party's annual net income, and that may have other effects on the existing support order. It is presumed that all other facts relative to the existing support order, including income and deductions from income, remain unchanged. Information gathered is limited to that which is necessary to verify the change, the value of the change, and the expected duration of the change. The department's recommendation must be limited to whether the value of the change should be added to or subtracted from the amount of the existing support order. If a more detailed modification is required in a case presented for limited review, the case becomes subject to the requirements of 40-5-277 . The circumstances in which a limited review process is available are confined to cases in which:

(1) there is a change in parenting time or residence of a child and a modified support order has not been entered as a result of the change;

(2) a child's need for day-care services has increased or decreased and the increase or decrease is expected to continue for at least 18 months;

(3) a child has developed special needs that did not exist when the existing support order was issued and the needs are expected to continue for at least 18 months or a special need considered in the support order no longer exists;

(4) the cost of health insurance coverage for a child provided by a parent has increased or decreased by 25% of the support order and the increase or decrease is expected to continue for at least 18 months;

(5) there has been the birth of another child to the parties and the child's needs are to be added to the existing support order; or

(6) a child has reached the age of majority, become emancipated, married, entered military service, or died.
Mont. Code Ann. § 40-1-312 — MT Code / Title 40 / Chapter 1 / Part 3 / Section 40-1-312
40-1-312 Persons who may prepare declaration of marriage
Status: in_force

40-1-312 . Persons who may prepare declaration of marriage. (1) Except as provided in subsection (2), a declaration of marriage must be prepared by:

(a) a party to the marriage; or

(b) a person who is licensed to practice law in the state of Montana.

(2) (a) The office of vital records of the department of public health and human services shall develop a standard declaration of marriage form. The form must conform with the requirements of 40-1-311 and must be notarized.

(b) The department shall provide the standard form to the clerks of district courts.

(c) Each clerk of district court shall make the standard form available for use by members of the public.
Mont. Code Ann. § 40-5-203 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-203
40-5-203 Child support enforcement services
Status: in_force

40-5-203 . Child support enforcement services. (1) The department may accept applications for child support enforcement services on behalf of persons who are not recipients of public assistance and may take appropriate action to establish or enforce support obligations against persons owing a duty to pay support.

(2) The department may establish by rule the terms and conditions by which services are provided under this section.

(3) If child support enforcement services are provided under this part to or for a child as a result of the payment of public assistance, the department shall continue to provide services after public assistance is no longer being paid, subject to the same conditions and on the same basis as in the case of other individuals to whom services are furnished under this section, without requiring an application, application fee, or other request for services. Acceptance of continued services constitutes agreement to the terms and conditions set for applicants by the department under this section.

(4) Services under this section, including information requests, are available to nonresidents on the same terms as residents of this state.

(5) The department may terminate services under this section if it:

(a) receives a written request for termination of services from the person to whom services are being provided;

(b) receives notice that the child is receiving public assistance; or

(c) determines that the person receiving services has violated any term or condition set by the department for an applicant under this section.

(6) For purposes of credit rating reports by the department, the department shall indicate if the withholding is for delinquent support or for regular monthly support obligations.
Mont. Code Ann. § 40-7-314 — MT Code / Title 40 / Chapter 7 / Part 3 / Section 40-7-314
40-7-314 Appeals
Status: in_force

40-7-314 . Appeals. An appeal may be taken from a final order in a proceeding under this part. Unless the court enters a temporary emergency order under 40-7-204 , the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Mont. Code Ann. § 40-5-805 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-805
40-5-805 Establishing medical support orders
Status: in_force

40-5-805 . Establishing medical support orders. (1) In an action or proceeding to establish a child support order, whether temporary or final, or to modify an existing child support order, the tribunal shall also establish a medical support order. In establishing a medical support order, a tribunal shall consider:

(a) the best interests of the child;

(b) the child's present and anticipated needs for medical care;

(c) the financial ability of the parents to pay for individual insurance or a health benefit plan; and

(d) the extent to which an available health benefit plan or individual insurance coverage is subsidized or reduced in cost by an employer or by participation in a plan on a group basis.

(2) Except as otherwise provided in this part, a tribunal may not consider a child's eligibility for a public assistance program as a factor in determining a parent's financial ability to afford individual insurance or a health benefit plan.
Mont. Code Ann. § 40-5-817 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-817
40-5-817 Adopted children -- preexisting conditions
Status: in_force

40-5-817 . Adopted children -- preexisting conditions. A health benefit plan shall provide the coverage required by 33-22-130 to a child placed for adoption.
Mont. Code Ann. § 40-5-1042 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1042
40-5-1042 Establishment of support order
Status: in_force

40-5-1042 . Establishment of support order. (1) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(a) the individual seeking the order resides outside this state; or

(b) the support enforcement agency seeking the order is located outside this state.

(2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(a) the presumed father of the child;

(b) petitioning to have his paternity adjudicated;

(c) identified as the father of the child through genetic testing;

(d) an alleged father who has declined to submit to genetic testing;

(e) shown by clear and convincing evidence to be the father of the child;

(f) an acknowledged father as provided by applicable state law;

(g) the mother of the child; or

(h) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to 40-5-1025 .
Mont. Code Ann. § 40-1-213 — MT Code / Title 40 / Chapter 1 / Part 2 / Section 40-1-213
40-1-213 Judicial approval
Status: in_force

40-1-213 . Judicial approval. (1) The district court may order the clerk of the district court to issue a marriage license and a marriage certificate form to a party 16 or 17 years of age who has no parent capable of consenting to the party's marriage or has the consent of both parents or of the parent having the actual care, parenting authority, and control to the party's marriage, if capable of giving consent, or of the party's guardian. The court must require both parties to participate in a period of marriage counseling involving at least two separate counseling sessions not less than 10 days apart with a designated counselor as a condition of the order for issuance of a marriage license and a marriage certificate form under this section.

(2) A marriage license and a marriage certificate form may be issued under this section only if the court finds that the underaged party is capable of assuming the responsibilities of marriage and the marriage will serve the party's best interests. Pregnancy alone does not establish that the best interests of the party will be served.

(3) The district court shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization.
Mont. Code Ann. § 40-16-125 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-125
40-16-125 Immunity of arbitrator
Status: in_force

40-16-125 . Immunity of arbitrator. (1) (a) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.

(b) The civil immunity provisions of this subsection (1) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.

(2) The immunity provided by this section supplements any immunity under law of this state.

(3) An arbitrator's failure to make a disclosure required by 40-16-109 does not cause the arbitrator to lose immunity under this section.

(4) An arbitrator is not competent to testify, and may not be required to produce records, in a judicial, administrative, or similar proceeding about a statement, conduct, decision, or ruling occurring during arbitration, to the same extent as a judge of a court of this state acting in judicial capacity. This subsection does not apply:

(a) to the extent disclosure is necessary to determine a claim by the arbitrator or arbitration organization against a party to the arbitration; or

(b) to a hearing on a motion under 40-16-119 (1)(a) or (1)(b) to vacate an award, if there is prima facie evidence that a ground for vacating the award exists.

(5) If a person commences a civil action against an arbitrator arising from the services of the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of subsection (4) and the court determines that the arbitrator is immune from civil liability or is not competent to testify or required to produce the records, the court shall award the arbitrator reasonable attorney fees, costs, and reasonable expenses of litigation.
Mont. Code Ann. § 40-2-608 — MT Code / Title 40 / Chapter 2 / Part 6 / Section 40-2-608
40-2-608 Enforcement
Status: in_force

40-2-608 . Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(a) that party did not execute the agreement voluntarily; or

(b) the agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) did not have or reasonably could not have had an adequate knowledge of the property or financial obligations of the other party.

(2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(3) An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law.
Mont. Code Ann. § 40-5-1005 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1005
40-5-1005 Application of part to resident of foreign country and foreign support proceeding
Status: in_force

40-5-1005 . Application of part to resident of foreign country and foreign support proceeding. (1) A tribunal of this state shall apply 40-5-1001 through 40-5-1005 , 40-5-1008 through 40-5-1018 , 40-5-1021 through 40-5-1039 , 40-5-1042 , 40-5-1043 , 40-5-1046 through 40-5-1052 , and 40-5-1055 through 40-5-1070 and, as applicable, 40-5-1073 through 40-5-1085 to a support proceeding involving:

(a) a foreign support order;

(b) a foreign tribunal; or

(c) an obligee, obligor, or child residing in a foreign country.

(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of 40-5-1001 through 40-5-1005 , 40-5-1008 through 40-5-1018 , 40-5-1021 through 40-5-1039 , 40-5-1042 , 40-5-1043 , 40-5-1046 through 40-5-1052 , and 40-5-1055 through 40-5-1070 .

(3) Sections 40-5-1073 through 40-5-1085 apply only to a support proceeding under the convention. In such a proceeding, if a provision of 40-5-1073 through 40-5-1085 is inconsistent with 40-5-1001 through 40-5-1005 , 40-5-1008 through 40-5-1018 , 40-5-1021 through 40-5-1039 , 40-5-1042 , 40-5-1043 , 40-5-1046 through 40-5-1052 , and 40-5-1055 through 40-5-1070 , 40-5-1073 through 40-5-1085 control.
Mont. Code Ann. § 40-5-1065 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1065
40-5-1065 Modification of child support order of another state
Status: in_force

40-5-1065 . Modification of child support order of another state. (1) If 40-5-1067 does not apply, upon petition a tribunal of this state may modify a child support order that is issued in another state and that is registered in this state if after notice and hearing, the tribunal finds that:

(a) the following requirements are met:

(i) neither the child nor the obligee who is an individual nor the obligor resides in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(b) this state is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

(2) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.

(3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the laws of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be recognized under 40-5-1014 establishes the aspects of the support order that are nonmodifiable.

(4) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

(5) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.

(6) Notwithstanding 40-5-1008 (2) and subsections (1) through (5) of this section, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:

(a) one party resides in another state; and

(b) the other party resides outside the United States.
Mont. Code Ann. § 40-5-206 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-206
40-5-206 Central unit for information and administration -- cooperation enjoined -- availability of records
Status: in_force

40-5-206 . Central unit for information and administration -- cooperation enjoined -- availability of records. (1) The department shall establish a central unit to serve as a registry for the receipt of information, for answering IV-D inquiries concerning deserting parents, for receiving and answering requests for information made by consumer reporting agencies under 40-5-261 , to coordinate and supervise departmental activities in relation to deserting parents, and to ensure effective cooperation with law enforcement agencies.

(2) During or in anticipation of a delinquency, enforcement, or modification proceeding, a proceeding to establish child or medical support or paternity, an attempt to locate an obligor, or a contested case, the department or other IV-D agency may request and, notwithstanding any statute making the information confidential, all state, county, and city agencies, officers, and employees shall provide on request information, if known, concerning an obligor or obligee or as an aid to the operation of the IV-D program, including:

(a) name;

(b) residential and mailing addresses;

(c) date of birth;

(d) social security number;

(e) wages or other income;

(f) number of dependents claimed for state and federal income tax withholding purposes;

(g) employer's name, address, federal employer identification number, North American industry classification system code, active or inactive status of the business and status date, phone number, facsimile number, address type, child support withholding address, and e-mail address;

(h) state and local tax and revenue records of the obligor or obligee or an entity in which the obligor or obligee directly or indirectly has full or partial ownership with rights to participate in general management and control that are derived from the full or partial ownership interest;

(i) penal corrections records;

(j) address, location, and description of any real property or titled personal property;

(k) any other asset in which the obligor or obligee may have an interest, including its location and the extent, nature, and value of the interest; and

(l) the information listed in subsection (2)(g) for all Montana employers for the operation of the directory of new hires established under 40-5-922 , including information received by electronic transmission.

(3) Upon service of an administrative subpoena from the department or another IV-D agency during or in anticipation of a delinquency, enforcement, or modification proceeding, a proceeding to establish child or medical support or paternity, an attempt to locate an obligor, or a contested case, public utilities, cable television companies, and financial institutions shall, with regard to an obligor or obligee, provide the department or the requesting IV-D agency with the name and address of the obligor or obligee, the name and address of the obligor's or obligee's employer, and any information on the obligor's or obligee's assets and liabilities contained in customer records.

(4) Any information obtained by the department during the course of a child support investigation that is confidential at the source must be treated by the department as confidential and must be safeguarded accordingly. Absent a specific statutory prohibition to the contrary and subject to subsection (6), the department may release information obtained from nonconfidential public and private sources, including information regarding support orders, judgments, and payment records.

(5) Absent a specific statutory prohibition or rule to the contrary and subject to subsection (6), use or disclosure of information obtained by the department from confidential sources or any information maintained by the department in its records, including the names, addresses, and social security numbers of obligors and obligees, is limited to:

(a) purposes directly related to the provision of services under this chapter;

(b) government attorneys and courts having jurisdiction in support and abandonment proceedings and IV-D agencies engaged in the enforcement of support of minor children under the federal Social Security Act; and

(c) any other use permitted or required by the federal Social Security Act.

(6) The department may not disclose information regarding the whereabouts of a party to another party if:

(a) the department received notice that a protective order with respect to the party has been entered against the other party; or

(b) the department has reason to believe that the release of information may result in physical or emotional harm to the party.

(7) A person or private entity that discloses information to the department in compliance with this section is not liable to the obligor or obligee for negligent disclosure.

(8) An entity failing to comply with this section is subject to the contempt authority of the department under 40-5-226 .
Mont. Code Ann. § 40-9-103 — MT Code / Title 40 / Chapter 9 / Part 1 / Section 40-9-103
40-9-103 Grandparents include great-grandparents
Status: in_force

40-9-103 . Grandparents include great-grandparents. For purposes of this part, the term "grandparent" includes a great-grandparent.
Mont. Code Ann. § 40-7-134 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-134
40-7-134 Proceedings governed by other law
Status: in_force

40-7-134 . Proceedings governed by other law. This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Mont. Code Ann. § 40-6-104 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-104
40-6-104 How parent and child relationship established
Status: in_force

40-6-104 . How parent and child relationship established. The parent and child relationship between a child and:

(1) the natural mother may be established by proof of the mother having given birth to the child or under this part;

(2) the natural father may be established under this part;

(3) an adoptive parent may be established by proof of adoption.
Mont. Code Ann. § 40-4-103 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-103
40-4-103 Application of Montana Rules of Civil Procedure
Status: in_force

40-4-103 . Application of Montana Rules of Civil Procedure. (1) Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter.

(2) A proceeding for dissolution of marriage or legal separation must be entitled, "In re the Marriage of.......... and............". A parenting or support proceeding must be entitled, "In re the (parenting) (support) of........".

(3) The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Procedure.

(4) In this chapter, "decree" includes "judgment".

(5) A decree of dissolution or of legal separation, if made, may not be awarded to one of the parties but must provide that it affects the status previously existing between the parties in the manner decreed.
Mont. Code Ann. § 40-15-110 — MT Code / Title 40 / Chapter 15 / Part 1 / Section 40-15-110
40-15-110 Partner and family member assault intervention and treatment fund account
Status: in_force

40-15-110 . Partner and family member assault intervention and treatment fund account. (1) There is a partner and family member assault intervention and treatment fund account in the state special revenue fund in the state treasury. The money in the account is allocated to the board of crime control to fund services to victims of partner or family member assault, as provided in subsections (2) and (3).

(2) The board shall distribute the money in the account, as provided in subsection (3), to agencies that provide direct services to victims of partner or family member assault, including but not limited to shelters, crisis lines, safe homes, and victim's counseling providers. A service provider is eligible to receive money under this section for services provided to a victim of partner or family member assault, whether or not the victim seeks or receives services within the criminal justice system.

(3) A service provider that provides direct services to victims of partner or family member assault shall apply to the board for distribution of money under this section. The board shall evaluate a provider's eligibility to receive money under this section based on available money, the needs of the provider, whether the provider includes programs focused on prevention of partner and family member assault, the quality of services provided by the provider, the need for services in the community, and the need for improved or continuing services in the community.
Mont. Code Ann. § 40-16-120 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-120
40-16-120 Clarification of confirmed award
Status: in_force

40-16-120 . Clarification of confirmed award. If the meaning or effect of an award confirmed under 40-16-116 is in dispute, the parties may:

(1) agree to arbitrate the dispute before the original arbitrator or another arbitrator; or

(2) proceed in court under the law of this state governing clarification of a judgment.
Mont. Code Ann. § 40-4-233 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-233
40-4-233 Final parenting plan -- purpose and objectives
Status: in_force

40-4-233 . Final parenting plan -- purpose and objectives. The objectives of a final parenting plan are to:

(1) protect the best interest of the child, consistent with 40-4-212 ;

(2) provide for the physical care of the child;

(3) maintain the child's emotional stability and minimize the child's exposure to parental conflict;

(4) provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future amendment to the final parenting plan;

(5) set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in 40-4-234 ; and

(6) encourage the parents, when appropriate under 40-4-234 , to meet their responsibilities to their minor children through agreements in the parenting plan rather than through judicial intervention.
Mont. Code Ann. § 40-5-1048 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1048
40-5-1048 Employer compliance with two or more income-withholding orders
Status: in_force

40-5-1048 . Employer compliance with two or more income-withholding orders. If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
Mont. Code Ann. § 40-4-212 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-212
40-4-212 Best interest of child
Status: in_force

40-4-212 . Best interest of child. (1) The court shall determine the parenting plan in accordance with the best interest of the child. The court shall consider all relevant parenting factors, which may include but are not limited to:

(a) the wishes of the child's parent or parents;

(b) the wishes of the child;

(c) the interaction and interrelationship of the child with the child's parent or parents and siblings and with any other person who significantly affects the child's best interest;

(d) the child's adjustment to home, school, and community;

(e) the mental and physical health of all individuals involved;

(f) physical abuse or threat of physical abuse by one parent against the other parent or the child;

(g) chemical dependency, as defined in 53-24-103 , or chemical abuse on the part of either parent;

(h) continuity and stability of care;

(i) developmental needs of the child;

(j) whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child's best interests;

(k) whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child's best interests;

(l) whether the child has frequent and continuing contact with both parents, which is considered to be in the child's best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child's best interests. In making that determination, the court shall consider evidence of physical abuse or threat of physical abuse by one parent against the other parent or the child, including but not limited to whether a parent or other person residing in that parent's household has been convicted of any of the crimes enumerated in 40-4-219 (8)(b).

(m) adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.

(2) When determining the best interest of the child of a parent in military service, the court shall consider all relevant parenting factors provided in subsection (1) and may not determine the best interest of the child based only upon the parent's military service.

(3) A de facto parenting arrangement, in the absence of a prior parenting decree, does not require the child's parent or parents to prove the factors set forth in 40-4-219 .

(4) The following are rebuttable presumptions and apply unless contrary to the best interest of the child:

(a) A parenting plan action brought by a parent within 6 months after a child support action against that parent is vexatious.

(b) A motion to amend a final parenting plan pursuant to 40-4-219 is vexatious if a parent seeks to amend a final parenting plan without making a good faith effort to comply with the provisions of the parenting plan or with dispute resolution provisions of the final parenting plan.
Mont. Code Ann. § 40-2-102 — MT Code / Title 40 / Chapter 2 / Part 1 / Section 40-2-102
40-2-102 Duties of husband and wife as to support
Status: in_force

40-2-102 . Duties of husband and wife as to support. Insofar as each is able, the husband and wife shall support each other out of their property and labor. As used in this section, the word "support" includes the nonmonetary support provided by a spouse as homemaker.
Mont. Code Ann. § 40-5-312 — MT Code / Title 40 / Chapter 5 / Part 3 / Section 40-5-312
40-5-312 Duties of payors
Status: in_force

40-5-312 . Duties of payors. (1) A payor who has been served with an order for deduction under this part shall deduct the amount designated in the order beginning not later than the first pay period that occurs after 14 days from the service of the order. The payor shall, within 7 working days of the date the obligor is paid, promptly pay the deducted amount as directed by the order. The payor shall include with the payment a statement indicating the date the amount was deducted from the obligor's income.

(2) Whenever a payor receives more than one deduction order from the same district court, the payor may combine all amounts deducted into a single payment for that month, with the portion that is attributable to each obligor separately designated.

(3) Whenever there is more than one deduction order against a single obligor the payor shall:

(a) honor all deduction orders to the extent that the total amount deducted from the obligor's income does not exceed the limits set in 40-5-309 ; and

(b) comply with the orders in the sequence in which they were served upon the payor except for income-withholding orders issued by the department of public health and human services. Under 40-5-423 , orders issued by the department have priority over all other orders without regard to the sequence in which they were served.

(4) The payor shall promptly notify the clerk of the district court that issued the deduction order of the termination of the obligor's employment and provide the obligor's last-known address and the name and address of the obligor's new payor, if known.
Mont. Code Ann. § 40-2-210 — MT Code / Title 40 / Chapter 2 / Part 2 / Section 40-2-210
40-2-210 Necessity determined by standard of living
Status: in_force

40-2-210 . Necessity determined by standard of living. For purposes of determining whether a married person's earnings or individual property is exempt from the debts incurred by the person's spouse, the phrase "necessary articles" includes all goods and services that are reasonably required to provide for the health, welfare, comfort, and education of the married person, the person's spouse, and minor children, taking into consideration the earnings, resources, and general standard of living of the persons.
Mont. Code Ann. § 40-7-308 — MT Code / Title 40 / Chapter 7 / Part 3 / Section 40-7-308
40-7-308 Expedited enforcement of child custody determination
Status: in_force

40-7-308 . Expedited enforcement of child custody determination. (1) A petition under this part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(2) A petition for enforcement of a child custody determination must state:

(a) whether the court that issued the determination identified the jurisdictional basis that it relied upon in exercising jurisdiction and, if so, what the basis was;

(b) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter or federal law and, if so, identify the court, the case number of the proceeding, and the action taken;

(c) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and if so, identify the court, the case number, and the nature of the proceeding;

(d) the present physical address of the child and the respondent, if known;

(e) whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and

(f) if the child custody determination has been registered and confirmed under 40-7-305 , the date and place of registration.

(3) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

(4) The order must state the time and place of the hearing and must advise the respondent that at the hearing, the court will order the delivery of the child and the payment of fees, costs, and expenses under 40-7-312 and may set an additional hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(a) the child custody determination has not been registered and confirmed under 40-7-305 and that:

(i) the issuing court did not have jurisdiction under 40-7-105 , 40-7-107 through 40-7-110 , 40-7-112 , and part 2 of this chapter;

(ii) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under 40-7-105 , 40-7-107 through 40-7-110 , 40-7-112 , and part 2 of this chapter or federal law; or

(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of 40-7-106 , in the proceedings before the court that issued the order for which enforcement is sought; or

(b) the child custody determination for which enforcement is sought was registered and confirmed under 40-7-305 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under 40-7-105 , 40-7-107 through 40-7-110 , 40-7-112 , and part 2 of this chapter or federal law.
Mont. Code Ann. § 40-6-233 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-233
40-6-233 Remedy for parental abuse
Status: in_force

40-6-233 . Remedy for parental abuse. The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child or by its relative within the third degree or by the county commissioners of the county where the child resides. When the abuse is established, the child may be freed from the dominion of the parent and the duty of support and education enforced. A parent or guardian of a child has the right to give the child medicine prescribed for the child, and exercise of the right is not an abuse of parental authority.
Mont. Code Ann. § 40-15-401 — MT Code / Title 40 / Chapter 15 / Part 4 / Section 40-15-401
40-15-401 Short title
Status: in_force

40-15-401 . Short title. This part may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act".
Mont. Code Ann. § 40-5-1058 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1058
40-5-1058 Choice of law
Status: in_force

40-5-1058 . Choice of law. (1) Except as otherwise provided in subsection (4), the law of the issuing state or foreign country governs:

(a) the nature, extent, amount, and duration of current payments under a registered support order;

(b) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(c) the existence and satisfaction of other obligations under the support order.

(2) In a proceeding for arrears under a registered support order, the statute of limitations of this state, or of the issuing state or foreign country, whichever is longer, applies.

(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

(4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
Mont. Code Ann. § 40-15-303 — MT Code / Title 40 / Chapter 15 / Part 3 / Section 40-15-303
40-15-303 Registration of orders
Status: in_force

40-15-303 . Registration of orders. (1) The clerk of court, justice of the peace, municipal court judge, or city court judge shall, within 24 hours of receiving proof of service of an order under 40-15-201 , 40-15-204 , or 40-15-301 , mail a copy of the order or any extension, modification, or termination of the order, along with a copy of the proof of service, to the appropriate law enforcement agencies designated in the order, which shall, within 24 hours after receipt of the order, enter the order into the database of the national crime information center of the United States department of justice and may enter the order into any existing state or other federal registry of protection orders, in accordance with applicable law.

(2) Law enforcement agencies shall establish procedures, using an existing system for warrant verification and the database of the national crime information center of the United States department of justice, to ensure that peace officers at the scene of an alleged violation of an order of protection are informed of the existence and terms of the order.
Mont. Code Ann. § 40-16-109 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-109
40-16-109 Disclosure by arbitrator -- disqualification
Status: in_force

40-16-109 . Disclosure by arbitrator -- disqualification. (1) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect:

(a) the impartiality of the arbitrator in the arbitration, including bias, a financial or personal interest in the outcome of the arbitration, or an existing or past relationship with a party, attorney representing a party, or witness; or

(b) the arbitrator's ability to make a timely award.

(2) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.

(3) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator must be made pursuant to the arbitration agreement or on motion of a party to the court.

(4) If a disclosure required by subsection (1)(a) or (2) is not made, the court may:

(a) on motion of a party not later than 30 days after the failure to disclose is known or by the exercise of reasonable care should have been known to the party, suspend the arbitration;

(b) on timely motion of a party, vacate an award under 40-16-119 (1)(b); or

(c) if an award has been confirmed, grant other appropriate relief.

(5) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator or request the court to select another arbitrator as provided in 40-16-108 .
Mont. Code Ann. § 40-9-101 — MT Code / Title 40 / Chapter 9 / Part 1 / Section 40-9-101
40-9-101 Application of Montana Rules of Civil Procedure
Status: in_force

40-9-101 . Application of Montana Rules of Civil Procedure. (1) Except as otherwise provided, the Montana Rules of Civil Procedure apply to all proceedings under this section and 40-9-102 .

(2) A proceeding for grandparent-grandchild contact under this section and 40-9-102 must be entitled, "In re the grandparent-grandchild contact of......"

(3) The initial pleading in all proceedings under this section and 40-9-102 must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings must be denominated as provided in the Montana Rules of Civil Procedure.
Mont. Code Ann. § 40-5-1009 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1009
40-5-1009 Duration of personal jurisdiction
Status: in_force

40-5-1009 . Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this part or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by 40-5-1012 , 40-5-1013 , and 40-5-1018 .
Mont. Code Ann. § 40-5-432 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-432
40-5-432 Application for withholding
Status: in_force

40-5-432 . Application for withholding. (1) Whenever an obligor resides in this state and derives income within this state and a support order issued in another jurisdiction is being enforced by a public agency of that jurisdiction pursuant to Title IV-D of the Social Security Act, that agency may apply to the department for income-withholding services.

(2) The application for income withholding must include:

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

(b) an affidavit by the obligee containing a statement that the obligor is delinquent in the payment of support in an amount equal to at least 1 month's support payment and a computation of the period and total amount of the arrearage as of the date of the application;

(c) a certified copy of the payment record if the records are maintained by the agency or any other agency within that jurisdiction;

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

(e) the name and address of all known payors within this state; 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 sent.

(3) Upon receipt of the application, the department shall begin procedures to establish orders for income withholding, including notice and opportunity for hearing under this part. The department shall further advise the obligor that the income withholding was requested on the basis of an application from another jurisdiction.

(4) In any hearing based on an application under this section, the certified copy of the support order and affidavit, without further proof or foundation, constitutes prima facie evidence that the support order is valid and that the obligee or public agency is entitled to an order of income withholding and that the amount of current support payments and arrearages are as stated.

(5) In accordance with 40-5-414 , a final decision on whether or not income withholding is appropriate must be rendered within 45 days of service of notice on the obligor. If, however, because of the interjurisdictional aspects of the case, the hearing examiner is unable to resolve a dispute over the amount of arrearages within the time limit and the hearing examiner has found that the obligor is delinquent in an amount equal to at least 1 month's support payment, the hearing examiner shall authorize immediate service of the order for withholding as to current support and may continue the hearing on the disputed amounts beyond the 45-day limit.
Mont. Code Ann. § 40-6-112 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-112
40-6-112 Paternity tests
Status: in_force

40-6-112 . Paternity tests. (1) The court may, and upon request of a party shall, require the child, mother, or alleged father to submit to paternity tests. The tests shall be performed by an expert qualified as an examiner of blood types, appointed by the court.

(2) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of blood types.

(3) In all cases the court shall determine the number and qualifications of the experts.
Mont. Code Ann. § 40-4-207 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-207
40-4-207 Assignments
Status: in_force

40-4-207 . Assignments. The court may order the person obligated to pay support or maintenance to make an assignment of a part of the person's periodic earnings or trust income to the person entitled to receive the payments. The assignment is binding on the employer, trustee, or other payor of the funds 2 weeks after service upon the payor of notice that the assignment has been made. The payor shall withhold from the earnings or trust income payable to the person obligated to support the amount specified in the assignment and shall transmit the payments to the person specified in the order. The payor may deduct from each payment a sum not exceeding $1 as reimbursement for costs. An employer may not discharge or otherwise discipline an employee as a result of a wage or salary assignment authorized by this section.
Mont. Code Ann. § 40-2-107 — MT Code / Title 40 / Chapter 2 / Part 1 / Section 40-2-107
40-2-107 May sue and be sued
Status: in_force

40-2-107 . May sue and be sued. A married person may sue and be sued in the same manner as if the person were single.
Mont. Code Ann. § 40-5-235 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-235
40-5-235 Effect of order establishing paternity -- birth records -- relief from order
Status: in_force

40-5-235 . Effect of order establishing paternity -- birth records -- relief from order. (1) An administrative order of the department declaring the paternity of a child establishes the legal existence of the parent and child relationship for all purposes and confers or imposes all parental rights, privileges, duties, and obligations.

(2) Upon the request of the mother or father of a child born in this state, the department shall prepare a substitute certificate of birth, if necessary, consistent with the administrative order. The substitute certificate of birth is subject to the provisions of 40-6-123 , with references to "court" taken to mean "department".

(3) Except for an order based on a consent to entry of an order declaring paternity, the department may set aside an administrative order establishing the paternity of a child upon the application of any affected party and upon a showing of any of the grounds and within the timeframes provided in Rule 60(c) and (d) of the Montana Rules of Civil Procedure.

(4) An order of the department under 40-5-232 through 40-5-235 may be reviewed under the provisions of Title 2, chapter 4, part 7.
Mont. Code Ann. § 40-4-133 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-133
40-4-133 Hearing and final judgment -- entry -- effect
Status: in_force

40-4-133 . Hearing and final judgment -- entry -- effect. After 20 days from the date of the filing of the joint petition for summary dissolution, the district court shall hold a hearing at which both parties must be present, and if the court determines that the conditions in 40-4-130 exist, the court shall enter the final judgment dissolving the marriage. Entry of final judgment restores each party to the status of a single person and permits either to marry.
Mont. Code Ann. § 40-6-236 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-236
40-6-236 Wages of minors
Status: in_force

40-6-236 . Wages of minors. The wages of a minor employed in service may be paid to the minor until the parent or guardian entitled to the wages gives the employer notice that the parent or guardian claims the wages.
Mont. Code Ann. § 40-4-301 — MT Code / Title 40 / Chapter 4 / Part 3 / Section 40-4-301
40-4-301 Family law mediation -- exception
Status: in_force

40-4-301 . Family law mediation -- exception. (1) The district court may at any time consider the advisability of requiring the parties to a proceeding under this chapter to participate in the mediation of the case. Any party may request the court to order mediation. If the parties agree to mediation, the court may require the attendance of the parties or the representatives of the parties with authority to settle the case at the mediation sessions.

(2) Unless each of the parties provides written, informed consent, the court may not authorize or permit continuation of mediated negotiations if the court has reason to suspect that one of the parties or a child of a party has been physically, sexually, or emotionally abused by the other party. A mediation conducted under this subsection may be conducted by a mediator who is trained in mediating domestic violence cases.

(3) The court shall appoint a mediator from the list maintained pursuant to 40-4-306 . By agreement of all parties, mediators not on the list may be appointed.

(4) The court may adopt rules to implement this part.

(5) For purposes of this section, "informed consent" means an educated, competent, and voluntary choice to enter into mediation.
Mont. Code Ann. § 40-4-122 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-122
40-4-122 Forms -- distribution -- filing
Status: in_force

40-4-122 . Forms -- distribution -- filing. The attorney general shall prepare uniform sample instructions and petition and order forms necessary for allowing an applicant to obtain a temporary restraining order under 40-4-121 and uniform sample affidavits and orders of inability to pay filing fees or other costs. The attorney general shall distribute samples of the restraining order and the inability-to-pay-filing-fees order forms to the clerk of the district court in each county and to justice, city, and municipal courts. The clerk of the district court, justices of the peace, city, and municipal courts shall make forms available to the public at no charge.
Mont. Code Ann. § 40-2-209 — MT Code / Title 40 / Chapter 2 / Part 2 / Section 40-2-209
40-2-209 Individual property of married person -- how far liable
Status: in_force

40-2-209 . Individual property of married person -- how far liable. Individual property of a married person listed in an inventory as provided in 40-2-203 and 40-2-204 or otherwise proved to be the individual property of the married person is exempt from all debts and liabilities of that person's spouse, except:

(1) when the debt or liability is for necessary articles procured for the use and benefit of the married person, the spouse, or minor children; or

(2) when the property is in the sole and exclusive possession of the spouse and the creditors have dealt with the spouse in good faith on the credit of the individual property without knowledge that the property does not belong to the spouse.
Mont. Code Ann. § 40-4-123 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-123
40-4-123 Jurisdiction and venue
Status: in_force

40-4-123 . Jurisdiction and venue. (1) District courts, municipal courts, justices' courts, and city courts have concurrent jurisdiction to hear and issue orders under 40-4-121 .

(2) The municipal judge, justice of the peace, or city court judge shall on motion suspend all further proceedings in the action and certify the pleading and any orders to the clerk of the district court of the county where the action was begun if an action for declaration of invalidity of a marriage, legal separation, or dissolution of marriage or for parenting is pending between the parties. From the time of the certification of the pleadings and any orders to the clerk, the district court has the same jurisdiction over the action as if it had been commenced in district court.

(3) An action brought under 40-4-121 may be tried in the county in which either party resides or in which the physical abuse was committed.

(4) The right to petition for relief may not be denied because the plaintiff has vacated the residence or household to avoid abuse.
Mont. Code Ann. § 40-4-306 — MT Code / Title 40 / Chapter 4 / Part 3 / Section 40-4-306
40-4-306 Mediator list
Status: in_force

40-4-306 . Mediator list. The district court shall establish and maintain a list of mediators available to assist parties in formally mediating disputes as provided in 40-4-301 and 40-4-302 . The list of mediators must be maintained by the clerk of court. The clerk of court may accept the applications of individuals who meet the qualifications required under 40-4-307 and who seek placement on the mediator list. The applications must be presented to the court for review and approval. A mediator may be a member of the staff or contracted staff of a district court, probation department, mental health services agency, or private mediation service.
Mont. Code Ann. § 40-5-1033 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1033
40-5-1033 Costs and fees
Status: in_force

40-5-1033 . Costs and fees. (1) The petitioner may not be required to pay a filing fee or other costs.

(2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

(3) The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under 40-5-1055 through 40-5-1070 , a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
Mont. Code Ann. § 40-5-310 — MT Code / Title 40 / Chapter 5 / Part 3 / Section 40-5-310
40-5-310 Priority of income deduction
Status: in_force

40-5-310 . Priority of income deduction. An order for the deduction of income for the payment of child support payments takes precedence over any:

(1) assignment of income;

(2) voluntary deductions from the obligor's income; and

(3) other court-ordered garnishment of income.
Mont. Code Ann. § 40-5-242 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-242
40-5-242 Notice of support lien -- civil liability upon failure to honor support lien or to comply with warrant for distraint
Status: in_force

40-5-242 . Notice of support lien -- civil liability upon failure to honor support lien or to comply with warrant for distraint. (1) The department may, at any time after asserting a support lien, serve a notice of the lien on any person, firm, corporation, association, or political subdivision or department of the state in possession of any real or personal property that is due, owing, or belonging to an obligor. For this purpose, personal property includes the obligor's share of a decedent's estate, workers' compensation benefits, and any proceeds or potential proceeds from suits at law. Except as provided in subsections (1)(a) and (1)(b), the department may not impose a lien under this section upon a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1.

(a) The department may impose a lien under this section upon a self-sufficiency trust or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, if the department is required by federal law to recover or collect from the trust or its assets as a condition of receiving federal financial participation for the child support enforcement program or for temporary assistance for needy families, as defined in 53-4-201 .

(b) To the extent otherwise permitted by this section, the department is not precluded from asserting a claim or imposing a lien upon real or personal property prior to transfer of the property to the trust. If the department imposes a lien upon property prior to transfer to a self-sufficiency trust, any transfer of the property to the trust is subject to the lien.

(2) Except as provided in subsection (3), a person or entity is liable to the department in an amount equal to 100% of the value of a support lien or warrant for distraint or the value of real or personal property subject to a support lien or distrained by a warrant for distraint, whichever is less, together with costs, interest, and reasonable attorney fees, if the person or entity:

(a) pays over, releases, sells, transfers, or conveys real or personal property subject to a support lien, to or for the benefit of the obligor, after the person or entity receives actual notice of filing of the support lien; or

(b) fails or refuses to surrender upon demand property of an obligor when presented with a warrant for distraint by a sheriff or levying officer under the provisions of 40-5-247 .

(3) A person or entity is not liable to the department under this section when:

(a) a written release or waiver of the support lien or warrant for distraint issued by the department has been delivered to the person or entity;

(b) a determination has been made in an adjudicative proceeding, either administrative or judicial, that a support lien does not exist or that the lien has been satisfied; or

(c) the property subject to a support lien has been transferred to, paid over to, or repossessed by a person or entity holding:

(i) a prior perfected lien;

(ii) a mortgage, the proceeds of which were used by the obligor to purchase real property; or

(iii) a perfected purchase money security interest, as described by 30-9A-301 .
Mont. Code Ann. § 40-6-213 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-213
40-6-213 Remedy when parent dies without providing for support of child
Status: in_force

40-6-213 . Remedy when parent dies without providing for support of child. If a parent chargeable with the support of a child dies leaving the child chargeable to the county and leaving an estate sufficient for the child's support, the county commissioners of the county may claim provision for the child's support from the parent's estate by civil action and for this purpose may have the same remedies as any creditors against that estate and against the heirs, devisees, and the next of kin of the parent.
Mont. Code Ann. § 40-4-203 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-203
40-4-203 Maintenance
Status: in_force

40-4-203 . Maintenance. (1) In a proceeding for dissolution of marriage or legal separation or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:

(a) lacks sufficient property to provide for the spouse's reasonable needs; and

(b) is unable to be self-supporting through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

(2) The maintenance order must be in amounts and for periods of time that the court considers just, without regard to marital misconduct, and after considering all relevant facts, including:

(a) the financial resources of the party seeking maintenance, including marital property apportioned to that party, and the party's ability to meet the party's needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

(b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(c) the standard of living established during the marriage;

(d) the duration of the marriage;

(e) the age and the physical and emotional condition of the spouse seeking maintenance; and

(f) the ability of the spouse from whom maintenance is sought to meet the spouse's own needs while meeting those of the spouse seeking maintenance.

(3) 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. § 40-7-101 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-101
40-7-101 Short title
Status: in_force

40-7-101 . Short title. This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act".
Mont. Code Ann. § 40-5-415 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-415
40-5-415 Order to withhold income -- rules
Status: in_force

40-5-415 . Order to withhold income -- rules. (1) When the requirements of this part have been met, the department shall serve an order or modification order to withhold and deliver income upon any payor or combination of payors. The order must:

(a) direct the payor and successor payors to withhold from the obligor's income each month the amount specified in the order if sufficient funds are available;

(b) direct the payor to deliver the amount withheld to the department in the same month in which the funds were withheld;

(c) state that the order is binding on the payor until further notice by the department;

(d) state the rights and duties of the payor under this part; and

(e) include a statement that the obligor is required under a support order to provide health insurance coverage for the obligor's child, if appropriate.

(2) An order or modification order to withhold and deliver the obligor's income made under this section is binding upon the payor immediately upon service of the order upon the payor. Service of the order or modification order to withhold may be made either personally, by certified mail, or by electronic service upon an entity that has entered into an agreement with the department to accept electronic service of an order entered under this part.

(3) Whenever there is more than one payor, the department may, in its discretion, apportion the total amount to be withheld each month among payors. Whenever an obligor's income is subject to withholding for more than one obligee, the department may consolidate the payments received each month and distribute the income among the obligees according to department rules.
Mont. Code Ann. § 40-5-815 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-815
40-5-815 Paying claims
Status: in_force

40-5-815 . Paying claims. Payment for a medical claim assigned to the department must be to the department. If a medical claim is not assigned to the department and the claim is submitted by a parent or a third-party custodian, payment must be to the health service provider involved. Payment may be to the parent or third-party custodian submitting the claim if there is written evidence of prepayment to the health service provider by that parent or third-party custodian.
Mont. Code Ann. § 40-5-1088 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1088
40-5-1088 Grounds for rendition
Status: in_force

40-5-1088 . Grounds for rendition. (1) For purposes of 40-5-1089 and this section, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this part.

(2) The governor of this state may:

(a) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(b) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(3) A provision for extradition of individuals not inconsistent with this part applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from there.
Mont. Code Ann. § 40-6-413 — MT Code / Title 40 / Chapter 6 / Part 4 / Section 40-6-413
40-6-413 Custody action -- order
Status: in_force

40-6-413 . Custody action -- order. Based on the court's finding of the newborn's best interest under 40-6-412 , the court may issue an order:

(1) granting legal or physical custody, or both, of the newborn to the parent and either retaining or relinquishing jurisdiction; or

(2) denying custody of the newborn to the parent and referring the matter to the department or county attorney for proceedings under Title 41, chapter 3, and, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
Mont. Code Ann. § 40-5-814 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-814
40-5-814 Obtaining information
Status: in_force

40-5-814 . Obtaining information. Upon the request of either of the child's parents, the department, or a third-party custodian, a health benefit plan shall provide information about the child's health benefit coverage, including but not limited to:

(1) a description of the benefits and options available under the plan and summaries of the terms and costs of all plans and options for which the child is eligible;

(2) names and addresses of the employer, union, plan, or other entities involved in administering the plan;

(3) identification cards or other methods for access to coverage, including but not limited to numbers, codes, or other references applicable to the plan or to the group through which the child participates;

(4) claims received or paid on behalf of the child, including the dates and amounts of payments and the names and addresses of parties who have submitted claims or received payment for claims; and

(5) other information relevant to the preparation, submission, processing, or verification of claims.
Mont. Code Ann. § 40-5-1035 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1035
40-5-1035 Nonparentage as defense
Status: in_force

40-5-1035 . Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part.
Mont. Code Ann. § 40-5-923 — MT Code / Title 40 / Chapter 5 / Part 9 / Section 40-5-923
40-5-923 Information and records -- disclosure
Status: in_force

40-5-923 . Information and records -- disclosure. Information in the case registry and payment processing unit that contains the social security number, residential address, income sources, and employers of an obligee or obligor [and the employee W-4 forms or similar forms transmitted to the department] is private and confidential and may be disclosed only:

(1) to courts, tribunals, and administrative agencies in this and any agency of another state or an Indian tribe having jurisdiction over child support, custody, visitation, and welfare pursuant to 42 U.S.C. 651, et seq.;

(2) to public assistance and medicaid agencies and the revenue, workers' compensation, and employment security programs of this or any other state for the purpose of determining eligibility, continued eligibility, or fraud by programs operated by those agencies and programs;

(3) to the obligor or obligee who is the subject of the information;

(4) to the state vital statistics agency for the purposes of 50-15-302 ;

(5) to the department of revenue;

(6) for any other use permitted or required by the federal Social Security Act. (Bracketed language terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999.)
Mont. Code Ann. § 40-16-118 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-118
40-16-118 Correction by court of unconfirmed award
Status: in_force

40-16-118 . Correction by court of unconfirmed award. (1) On motion of a party made not later than 90 days after an arbitrator gives notice under 40-16-115 (1) of an award, including an award corrected under 40-16-117 , the court shall correct the award if:

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

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

(c) the arbitrator made an award on a dispute not submitted to the arbitrator and the award may be corrected without affecting the merits of the issues submitted.

(2) A motion under this section to correct an award may be joined with a motion to vacate or amend the award under 40-16-119 .

(3) Unless a motion under 40-16-119 is pending, the court may confirm a corrected award under 40-16-116 .
Mont. Code Ann. § 40-5-713 — MT Code / Title 40 / Chapter 5 / Part 7 / Section 40-5-713
40-5-713 Rulemaking authority
Status: in_force

40-5-713 . Rulemaking authority. The department shall adopt rules necessary for the implementation and administration of this part. The licensing authority shall adopt rules necessary for the implementation and administration of this part.
Mont. Code Ann. § 40-5-901 — MT Code / Title 40 / Chapter 5 / Part 9 / Section 40-5-901
40-5-901 Definitions
Status: in_force

40-5-901 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

[(1) "Date of hire" means the first day that an employee starts work for which the employee is owed compensation by the payor of income.]

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

[(3) (a) "Employee" means a person 18 years of age or older who performs labor in this state for an employer in this state for compensation and for whom the employer withholds federal or state tax liabilities from the employee's compensation.

(b) The term does not include an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting pursuant to 40-5-922 with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.]

(4) "Employer" means a person, firm, corporation, association, governmental entity, or labor organization that engages an employee for compensation and withholds federal or state tax liabilities from the employee's compensation.

(5) "Foreign support order" means a support order entered or last modified by a court or administrative agency of another state, the District of Columbia, the Commonwealth of Puerto Rico, a territory or insular possession subject to the jurisdiction of the United States, an Indian tribe, or a foreign jurisdiction.

(6) "Income withholding" generally means procedures for directing a payor to withhold from an obligor's income an amount sufficient to pay the obligor's support obligation and to defray arrears that are or may become due. Specifically:

(a) when preceded by "IV-D", income withholding means the procedures set out in Title 40, chapter 5, part 4; and

(b) when preceded by "non IV-D", income withholding means those cases in which an immediate income-withholding order is issued under 40-5-315 after January 1, 1994.

(7) "Interstate case" means a case referred to the department by, or from the department to, another IV-D agency.

[(8) "Labor organization" means a labor union, union local, union affiliate, or union hiring hall.]

(9) "Obligee" means the payee under a support order or a person or agency entitled to receive support payments.

(10) "Obligor" means a person who is obligated to pay support under a support order.

(11) "Payor" means:

(a) an employer or person engaged in a trade or business in this state who engages an employee for compensation; or

(b) when used in context with income withholding, means a person, firm, corporation, association, employer, trustee, political subdivision, state agency, or agent paying income to an obligor on a periodic basis.

[(12) "Rehire" means the first day, following a termination of employment, that an employee begins to again perform work or provide services for a payor. Termination of employment does not include temporary separations of less than 60 days from employment, such as unpaid medical leave, an unpaid leave of absence, or a temporary or seasonal layoff.]

(13) "Support order" means a judgment, decree, or order, whether temporary or final, that:

(a) is for the benefit of a child or a state agency;

(b) provides for monetary support, health care, arrearages, or reimbursement;

(c) may include related costs and fees, interest, and similar other relief; and

(d) may include an order for maintenance or other support to be paid to a child's custodial parent.

(14) "IV-D" or "IV-D case" means a case in which the department is providing services under the provisions of Title IV-D of the Social Security Act and the regulations promulgated under that act. A IV-D case also includes a case in which the department is collecting a support debt assigned to this or another state or an Indian tribe under Title IV-D. (Bracketed language terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999; sec. 11, Ch. 203, L. 2013.)
Mont. Code Ann. § 40-5-1064 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1064
40-5-1064 Effect of registration for modification
Status: in_force

40-5-1064 . Effect of registration for modification. A tribunal of this state may enforce a child support order of another state, registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of 40-5-1065 or 40-5-1067 have been met.
Mont. Code Ann. § 40-4-303 — MT Code / Title 40 / Chapter 4 / Part 3 / Section 40-4-303
40-4-303 Proceedings -- records -- confidentiality
Status: in_force

40-4-303 . Proceedings -- records -- confidentiality. Mediation proceedings under this part are subject to the confidentiality and privilege provisions of 26-1-813 . Mediation proceedings must be conducted in private unless otherwise agreed to in writing by the parties and the mediator. All records of a mediation proceeding are confidential and may not be used in evidence in an action enumerated in 40-4-301 . A mediator and the parties to a mediation under this part are entitled to the confidentiality and privilege provisions of 26-1-813 .
Mont. Code Ann. § 40-2-315 — MT Code / Title 40 / Chapter 2 / Part 3 / Section 40-2-315
40-2-315 Marriage settlement by minors
Status: in_force

40-2-315 . Marriage settlement by minors. A minor capable of contracting marriage may make a valid marriage settlement, as herein provided.
Mont. Code Ann. § 40-6-232 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-232
40-6-232 Parental control over property of child
Status: in_force

40-6-232 . Parental control over property of child. The parent, as such, has no control over the property of the child.
Mont. Code Ann. § 40-5-804 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-804
40-5-804 Definitions
Status: in_force

40-5-804 . Definitions. For purposes of this part, the following definitions apply:

(1) "Child" means an individual, whether over or under 18 years of age, to whom or on whose behalf a legal duty of support is owed by a parent. The term includes but is not limited to a child enrolled or eligible for enrollment under a health benefit plan or individual insurance policy.

(2) "Child support guidelines" means guidelines adopted under the provisions of 40-5-209 .

(3) "COBRA" means the federal Consolidated Omnibus Budget Reconciliation Act of 1985, under which dependent children of employees may continue to receive, for a limited time under specific circumstances, health plan coverage after termination of employment.

(4) "Department" means the department of public health and human services as provided for in 2-15-2201 .

(5) (a) "Health benefit plan" or "plan" means a group health benefit plan or combination of plans that provides medical care or benefits for a child. The term includes but is not limited to a health maintenance organization, self-funded group, state or local government group health plan, church group plan, medical or health service corporation, or similar plan.

(b) The term does not include public health coverage if other medical insurance is available to one or both of the parents at a reasonable cost and is accessible for the child.

(6) "Individual insurance" means health or medical insurance coverage other than a group health benefit plan or public assistance that is or may be provided individually for a child.

(7) "Medical care" means diagnosis, cure, mitigation, treatment, or prevention of disease, illness, or injury, including well baby checkups, periodic examinations, and any other undertaking for the purpose of affecting any structure or function of the body.

(8) "Medical support order" means a judgment, decree, or order, including approval of a settlement agreement issued by a tribunal of competent jurisdiction, that provides for the medical care of a child and that complies with the requirements of this part.

(9) "Obligated parent" means the parent who is required by a medical support order to provide for the medical care of a child. The obligated parent is not necessarily the same as an obligor for child support.

(10) "Parent" means a father or mother and includes a child's guardian or other adult caretaker having lawful charge of the child.

(11) "Payor" or "payor of income" means a person, firm, corporation, association, union, employer, trustee, political subdivision, state agency, or any agent thereof who pays income to a parent on a periodic basis, who has or provides individual insurance or a health benefit plan, and who is subject to the jurisdiction of this state under Rule 4(b) of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate Family Support Act.

(12) "Plan administrator" means the person or entity, including but not limited to a state or local government or church, that assesses and collects premiums, accepts and processes claims, and pays benefits.

(13) "Primary parent" means the parent with whom the child resides for the most 24-hour periods in a plan year.

(14) "Qualified medical child support order" means an order that meets the requirements of 29 U.S.C. 1169.

(15) "Third-party custodian" means an agency or person other than a parent who:

(a) is authorized by legal process to have physical custody of a child;

(b) has actual physical custody of a child with the written consent of the parent or parents having legal custody of the child; or

(c) has actual physical custody of a child because of the parents' neglect, failure, or inability to provide for the child's support, medical care, and other needs.

(16) "Tribunal" means a court of competent jurisdiction or the department.
Mont. Code Ann. § 40-5-819 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-819
40-5-819 Medical assistance eligibility
Status: in_force

40-5-819 . Medical assistance eligibility. A health benefit plan may not use information pertaining to medical assistance eligibility under Title XIX of the federal Social Security Act as a factor in enrolling a child in a plan or in making payments for benefits on behalf of the covered child. A health benefit plan may not impose any restrictions or requirements on recipients of medical assistance or the department different from those applicable to any other plan participant.
Mont. Code Ann. § 40-5-1063 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1063
40-5-1063 Procedure to register child support order of another state for modification
Status: in_force

40-5-1063 . Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify or to modify and enforce a child support order issued in another state shall register that order in this state in the same manner provided in 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 later. The pleading must specify the grounds for modification.
Mont. Code Ann. § 40-15-118 — MT Code / Title 40 / Chapter 15 / Part 1 / Section 40-15-118
40-15-118 Designation of substitute address -- forwarding of mail -- disclosure of confidential address
Status: in_force

40-15-118 . Designation of substitute address -- forwarding of mail -- disclosure of confidential address. (1) Upon approving an application, the department shall:

(a) designate a substitute address for the participant;

(b) receive mail addressed to the participant;

(c) forward mail that the department receives on behalf of the participant to the participant.

(2) The department may not divulge in any manner the name of a participant or the confidential address or substitute address of a participant unless:

(a) the participant's name, confidential address, or substitute address is requested by a law enforcement agency, in which case the department shall provide the name, confidential address, or substitute address to the law enforcement agency; or

(b) a court of competent jurisdiction orders the department to make the name, confidential address, or substitute address available, in which case the department shall provide the name, confidential address, or substitute address to the person identified in the order.
Mont. Code Ann. § 40-4-209 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-209
40-4-209 Security or guaranty to secure support
Status: in_force

40-4-209 . Security or guaranty to secure support. (1) Upon a verified application that is made by a person authorized to enforce or collect a child support obligation or by the department of public health and human services and that shows that a person obligated to pay child support or maintenance pursuant to court or administrative order is delinquent in an amount equal to the total of 6 months' support payments, the court may direct the obligated person to appear and show cause why an order should not be entered ordering that the obligated person post bond, give a mortgage, or provide other security or guaranty for the payment of the delinquency.

(2) If the court finds that a delinquency greater than the total of 6 months of support is owed and that the obligated person has the ability to post bond, give a mortgage, or provide security or other guaranty, the court may enter an order requiring the obligated person to post bond, give a mortgage, or provide security or guaranty for so long as there is a support delinquency.

(3) The bond or other security may be in an amount up to the total support due for a 2-year period and must be approved by the court. The bond must include the name and address of the issuer. Any person issuing a bond under this section must, if the bond is canceled, notify the court and the person or public agency entitled to receive payments under the support order.

(4) If the person obligated to pay child support or maintenance fails to make payments as required by the court or administrative order, the person or public agency entitled to receive payment may recover on the bond or other security. The amount recovered on the bond or other security must first be applied toward satisfaction of any support arrearages.

(5) The department of public health and human services shall adopt guidelines that take into account the payment record of the obligated person, the availability of other remedies, and other considerations which it determines relevant for determining whether the procedure provided in this section would carry out the purpose of enforcing payments of child support or would be appropriate in the circumstances. If after application of the guidelines the department of public health and human services determines an application for an order requiring security is not appropriate, it may not request the order.
Mont. Code Ann. § 40-5-1057 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1057
40-5-1057 Effect of registration for enforcement
Status: in_force

40-5-1057 . Effect of registration for enforcement. (1) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

(2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(3) Except as otherwise provided in this part, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
Mont. Code Ann. § 40-4-217 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-217
40-4-217 Notice of intent to move
Status: in_force

40-4-217 . Notice of intent to move. (1) A parent who intends to change residence shall, unless precluded under 40-4-234 , provide written notice to the other parent.

(2) (a) If a parent's change in residence will significantly affect the child's contact with the other parent, the parent who intends to change residence shall, pursuant to 40-4-219 , file a motion for amendment of the residential schedule and a proposed revised residential schedule with the court that adopted the residential schedule or the court to which jurisdiction or venue over the child has been transferred. The motion must be served personally or by certified mail on the other parent and served pursuant to the Montana Rules of Civil Procedure on the parent's attorney of record, if the parent has an attorney of record, not less than 30 days before the proposed change in residence.

(b) The notice pursuant to this subsection (2) is not sufficient unless it contains the following statement: "The relocation of the child may be permitted and the proposed revised residential schedule may be ordered by the court without further proceedings unless within 21 days you file a response and alternate revised residential schedule with the court and serve your response on the person proposing the move and all other persons entitled by the court order to residential time or visitation with the child."

(3) The parent who receives service of a motion to amend the parenting plan pursuant to this section has 21 days after service of the motion to file a response. If the parent receiving notice objects to the proposed revised residential schedule, the responding parent shall include an alternate proposed revised residential schedule with the response. The response must be served as provided for by the Montana Rules of Civil Procedure on the parent proposing to change residence or on the parent's attorney of record if the parent has an attorney of record.

(4) If a parent is properly served with a motion to amend the parenting plan pursuant to this section, failure to file a response within the 21-day period constitutes acceptance of the proposed revised residential schedule.

(5) A person entitled to file an objection to the proposed relocation of the child may file the objection regardless of whether the person has received proper notice.
Mont. Code Ann. § 40-1-313 — MT Code / Title 40 / Chapter 1 / Part 3 / Section 40-1-313
40-1-313 Penalty
Status: in_force

40-1-313 . Penalty. Any person violating the provisions of 40-1-311 or 40-1-312 , upon conviction, shall be subject to a fine of not less than $300 or 6 months in a county jail, or both.
Mont. Code Ann. § 40-6-201 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-201
40-6-201 Legitimacy of children born in wedlock
Status: in_force

40-6-201 . Legitimacy of children born in wedlock. All children born in wedlock are presumed to be legitimate.
Mont. Code Ann. § 40-7-317 — MT Code / Title 40 / Chapter 7 / Part 3 / Section 40-7-317
40-7-317 Costs and expenses
Status: in_force

40-7-317 . Costs and expenses. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under 40-7-315 or 40-7-316 .
Mont. Code Ann. § 40-5-1038 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1038
40-5-1038 Assistance with discovery
Status: in_force

40-5-1038 . Assistance with discovery. A tribunal of this state may:

(1) request a tribunal outside this state to assist in obtaining discovery; and

(2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
Mont. Code Ann. § 40-5-1056 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1056
40-5-1056 Procedure to register order for enforcement
Status: in_force

40-5-1056 . Procedure to register order for enforcement. (1) Except as otherwise provided in 40-5-1078 , a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the department of public health and human services pursuant to 40-5-263 or to the district court:

(a) a letter of transmittal to the tribunal requesting registration and enforcement;

(b) two copies, including one certified copy, of the order to be registered, including any modification of the order;

(c) a sworn statement by the person requesting registration or a certified statement by the custodian of the records, showing the amount of any arrearage;

(d) the name of the obligor and, if known:

(i) the obligor's address and social security number;

(ii) the name and address of the obligor's employer and any other source of income of the obligor; and

(iii) a description and the location of property of the obligor in this state not exempt from execution; and

(e) except as otherwise provided in 40-5-1032 , the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

(3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

(4) If two or more orders are in effect, the person requesting registration shall:

(a) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(b) specify the order alleged to be the controlling order, if any; and

(c) specify the amount of consolidated arrears, if any.

(5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
Mont. Code Ann. § 40-4-218 — MT Code / Title 40 / Chapter 4 / Part 2 / Section 40-4-218
40-4-218 Judicial supervision
Status: in_force

40-4-218 . Judicial supervision. (1) Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child's upbringing, including the child's education, health care, and religious training, unless the court after hearing finds, upon motion by the noncustodial parent, that in the absence of a specific limitation of the custodian's authority, the child's physical health would be endangered or the child's emotional development significantly impaired.

(2) If both parents or all contestants agree to the order or if the court finds that in the absence of the order the child's physical health would be endangered or the child's emotional development significantly impaired, the court may order supervised visitation by the noncustodial parent. The court may not order the department of public health and human services to supervise the visitation.
Mont. Code Ann. § 40-5-1050 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1050
40-5-1050 Penalties for noncompliance
Status: in_force

40-5-1050 . Penalties for noncompliance. An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
Mont. Code Ann. § 40-16-102 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-102
40-16-102 Definitions
Status: in_force

40-16-102 . Definitions. As used in this part, the following definitions apply:

(1) "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration.

(2) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator.

(3) "Arbitrator" means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement.

(4) "Child-related dispute" means a family law dispute regarding the parenting or financial support of a child.

(5) "Court" means the district court.

(6) "Family law dispute" means a contested issue arising under Title 40.

(7) "Party" means an individual who signs an arbitration agreement and whose rights will be determined by an award.

(8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.

(9) "Record", used as a noun, 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.

(10) "Sign" means, with present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic symbol, sound, or process.

(11) "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 subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
Mont. Code Ann. § 40-7-139 — MT Code / Title 40 / Chapter 7 / Part 1 / Section 40-7-139
40-7-139 Communication between courts
Status: in_force

40-7-139 . Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.

(2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(3) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(4) Except as otherwise provided in subsection (3), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.

(5) For the purposes of this section, "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. A record includes notes or transcripts of a court reporter who listened to a conference call between the courts, an electronic recording of a telephone call, a memorandum or an electronic record of the communication between the courts, or a memorandum or an electronic record made by a court after the communication.
Mont. Code Ann. § 40-6-203 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-203
40-6-203 Child legitimatized by marriage of parents
Status: in_force

40-6-203 . Child legitimatized by marriage of parents. A child born before wedlock becomes legitimate by the subsequent marriage of its parents.
Mont. Code Ann. § 40-5-808 — MT Code / Title 40 / Chapter 5 / Part 8 / Section 40-5-808
40-5-808 Persistence and duration of obligation
Status: in_force

40-5-808 . Persistence and duration of obligation. (1) A parent's obligation to provide for medical care of a child ceases only when the parental obligation to support a child terminates under law.

(2) The obligations to provide medical care for a child, provide financial child support, and provide or comply with visitation and custody arrangements are independent of each other, and the failure or inability to provide one or more does not reduce one of the others.

(3) A guardian or caretaker who is not the child's father or mother may not be compelled to support the child or be held liable for the child's expenses, except to the extent that the guardian or caretaker has voluntarily agreed in writing to assume the responsibility.
Mont. Code Ann. § 40-5-262 — MT Code / Title 40 / Chapter 5 / Part 2 / Section 40-5-262
40-5-262 Rules
Status: in_force

40-5-262 . Rules. The department shall adopt rules to implement this section, including rules:

(1) providing for advance notice to the obligor of support debt information requested under 40-5-261 ;

(2) establishing the procedure for contesting the accuracy of information proposed for release to consumer reporting agencies;

(3) providing for consideration of the obligor's payment record, the availability of other remedies, and other matters relevant to determining whether the release of information would promote the collection of a support debt or would be inappropriate under the circumstances; and

(4) governing the format and frequency of reports to consumer reporting agencies.
Mont. Code Ann. § 40-6-107 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-107
40-6-107 Determination of father and child relationship -- who may bring action
Status: in_force

40-6-107 . Determination of father and child relationship -- who may bring action. (1) Any interested party may bring an action for the purpose of determining the existence or nonexistence of the father and child relationship presumed pursuant to 40-6-105 .

(2) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under 40-6-105 may be brought by the child, the mother or personal representative of the child, the department of public health and human services or its appropriate local affiliate, the personal representative or a parent of the mother if the mother has died, a person alleged or alleging to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

(3) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with 40-6-114 (2), between an alleged or presumed father and the mother or child does not bar an action under this section.

(4) If an action under this section is brought before the birth of the child, all proceedings must be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.
Mont. Code Ann. § 40-4-124 — MT Code / Title 40 / Chapter 4 / Part 1 / Section 40-4-124
40-4-124 Review or removal -- district court
Status: in_force

40-4-124 . Review or removal -- district court. (1) An order issued by a municipal court, justice's court, or city court pursuant to 40-4-121 is immediately reviewable by the judge of the district court at chambers upon the filing of a notice of appeal. The district judge may affirm, dissolve, or modify an order of a municipal court, justice's court, or city court made pursuant to 40-4-121 .

(2) Any case in which an order has been issued by a municipal court, justice's court, or city court pursuant to 40-4-121 may be removed to district court upon filing of a notice of removal.
Mont. Code Ann. § 40-1-323 — MT Code / Title 40 / Chapter 1 / Part 3 / Section 40-1-323
40-1-323 Proof of solemnized marriage when no record
Status: in_force

40-1-323 . Proof of solemnized marriage when no record. If the record of the solemnization of a marriage heretofore entered into has been lost or destroyed and not known to exist, the parties may join in a written declaration of such marriage, substantially showing:

(1) the names, ages, and residences of the parties;

(2) the date and place of marriage and other pertinent facts of the marriage;

(3) that the record of the solemnized marriage has become lost or destroyed, as the case may be, and is not known to exist.
Mont. Code Ann. § 40-6-115 — MT Code / Title 40 / Chapter 6 / Part 1 / Section 40-6-115
40-6-115 Civil action
Status: in_force

40-6-115 . Civil action. (1) An action under this part is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Sections 40-6-111 (2), 40-6-112 , and 40-6-113 apply to all actions brought under this part.

(2) Testimony relating to sexual access to the mother by an unidentified person at any time or by an identified person at a time other than the probable time of conception of the child is inadmissible in evidence, unless offered by the mother.

(3) In an action against an alleged father, evidence offered by the alleged father with respect to a person who is not subject to the jurisdiction of the court concerning sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court paternity tests, the results of which do not exclude the possibility of the alleged father's paternity of the child. A person who is identified and is subject to the jurisdiction of the court must be made a defendant in the action.

(4) If a paternity test has been initially ordered under this part and a party objects to the paternity test results, the objection must be filed within 20 days after service of the paternity test results. If an objection is filed, and upon the alleged father's advance payment for additional testing, the court shall order an additional paternity test. If no objection is made, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy. This subsection does not limit the right of a party to contest the identity of persons submitting to testing.

(5) If the alleged father fails to answer or to appear at a scheduled hearing or for a scheduled paternity test, the district court shall enter an order declaring the alleged father the legal father of the child. The district court may not enter an order under this section if there is more than one alleged father unless the default applies to only one of them and all others have been excluded by the results of paternity testing.

(6) Bills for pregnancy, childbirth, and paternity testing are admissible as evidence without third-party foundation testimony and are prima facie evidence of the amounts incurred.
Mont. Code Ann. § 40-6-214 — MT Code / Title 40 / Chapter 6 / Part 2 / Section 40-6-214
40-6-214 Duties of parents to maintain children
Status: in_force

40-6-214 . Duties of parents to maintain children. It is the duty of the father and the mother of any poor person who is unable to provide self-maintenance by work to maintain that person to the extent of the parent's ability.
Mont. Code Ann. § 40-5-1013 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1013
40-5-1013 Continuing jurisdiction to enforce child support order
Status: in_force

40-5-1013 . Continuing jurisdiction to enforce child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

(a) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(b) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

(2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Mont. Code Ann. § 40-6-414 — MT Code / Title 40 / Chapter 6 / Part 4 / Section 40-6-414
40-6-414 Presumption of waiver of parental rights -- department to file petition
Status: in_force

40-6-414 . Presumption of waiver of parental rights -- department to file petition. (1) Except as provided in 41-3-1326 , a parent who surrenders a newborn under 40-6-405 and who does not file a custody action under 40-6-411 is presumed to have knowingly waived the parent's parental rights to the newborn.

(2) If a custody action is not filed under 40-6-411 or if the parent is denied custody of the newborn under 40-6-413 , the department shall file a petition under Title 41, chapter 3, part 4, or, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date.