reglab/housing_qa huggingface dataset:
MT Code § 40-5-1057 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1057. Effect of registration for enforcement

  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.   History: En. Sec. 40, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-80; amd. Sec. 38, Ch. 328, L. 1993; Sec. 40-5-141, MCA 1991; redes. 40-5-186 by Code Commissioner, 1993; amd. Sec. 56, Ch. 174, L. 2015; Sec. 40-5-186, MCA 2013; redes. 40-5-1057 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1058 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1058. Choice of law

  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.   History: En. Sec. 39, Ch. 328, L. 1993; amd. Sec. 57, Ch. 174, L. 2015; Sec. 40-5-187, MCA 2013; redes. 40-5-1058 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1059 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1059. Notice of registration of order

  40-5-1059. Notice of registration of order. (1) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.   (2) The notice must inform the nonregistering party:   (a) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;   (b) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under 40-5-1079;   (c) 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 arrearages; and   (d) of the amount of any alleged arrearages.   (3) If the registering party asserts that two or more orders are in effect, a notice must also:   (a) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;   (b) notify the nonregistering party of the right to a determination of which is the controlling order;   (c) state that the procedures provided in subsection (2) apply to the determination of which is the controlling order; and   (d) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.   (4) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income-withholding laws of this state.   History: En. Sec. 40, Ch. 328, L. 1993; amd. Sec. 35, Ch. 552, L. 1997; amd. Sec. 58, Ch. 174, L. 2015; Sec. 40-5-188, MCA 2013; redes. 40-5-1059 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 14, Ch. 131, L. 2019.
MT Code § 40-5-1060 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1060. Procedure to contest validity or enforcement of registered support order

  40-5-1060. Procedure to contest validity or enforcement of registered support order. (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by 40-5-1059. A court hearing may be conducted by teleconferencing methods. A support enforcement agency hearing must initially be conducted by teleconferencing methods and is subject to the Montana Administrative Procedure Act. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to 40-5-1061.   (2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.   (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.   History: En. Sec. 41, Ch. 328, L. 1993; amd. Sec. 2, Ch. 482, L. 1997; amd. Secs. 36, 100, Ch. 552, L. 1997; amd. Sec. 59, Ch. 174, L. 2015; Sec. 40-5-189, MCA 2013; redes. 40-5-1060 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1061 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1061. Contest of registration or enforcement

  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.   History: En. Sec. 42, Ch. 328, L. 1993; amd. Sec. 60, Ch. 174, L. 2015; Sec. 40-5-190, MCA 2013; redes. 40-5-1061 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1062 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1062. Confirmed order

  40-5-1062. Confirmed order. Confirmation of a registered support 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 registration.   History: En. Sec. 43, Ch. 328, L. 1993; amd. Sec. 61, Ch. 174, L. 2015; Sec. 40-5-191, MCA 2013; redes. 40-5-1062 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1063 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1063. Procedure to register child support order of another state for modification

  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.   History: En. Sec. 44, Ch. 328, L. 1993; amd. Sec. 62, Ch. 174, L. 2015; Sec. 40-5-192, MCA 2013; redes. 40-5-1063 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 15, Ch. 131, L. 2019.
MT Code § 40-5-1064 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1064. Effect of registration for modification

  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.   History: En. Sec. 45, Ch. 328, L. 1993; amd. Sec. 63, Ch. 174, L. 2015; Sec. 40-5-193, MCA 2013; redes. 40-5-1064 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 16, Ch. 131, L. 2019.
MT Code § 40-5-1065 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1065. Modification of child support order of another state

  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.   History: En. Sec. 46, Ch. 328, L. 1993; amd. Sec. 37, Ch. 552, L. 1997; amd. Sec. 64, Ch. 174, L. 2015; Sec. 40-5-194(1) through (6), MCA 2013; redes. 40-5-1065 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1066 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1066. Recognition of order modified in another state

  40-5-1066. Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:   (1) may enforce its order that was modified only as to arrears and interest accruing before the modification;   (2) may provide appropriate relief for violations of its order that occurred before the effective date of the modification; and   (3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.   History: En. Sec. 47, Ch. 328, L. 1993; amd. Sec. 38, Ch. 552, L. 1997; amd. Sec. 65, Ch. 174, L. 2015; Sec. 40-5-195, MCA 2013; redes. 40-5-1066 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1067 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1067. Jurisdiction to modify child support order of another state when individual parties reside in this state

  40-5-1067. Jurisdiction to modify child support order of another state when individual parties reside in this state. (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and modify the issuing state's child support order in a proceeding to register that order.   (2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1055 through 40-5-1070, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Sections 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, 40-5-1073 through 40-5-1085, 40-5-1088, and 40-5-1089 do not apply.   History: En. Sec. 46, Ch. 328, L. 1993; amd. Sec. 37, Ch. 552, L. 1997; amd. Sec. 64, Ch. 174, L. 2015; Sec. 40-5-194(7), MCA 2013; redes. 40-5-1067 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 17, Ch. 131, L. 2019.
MT Code § 40-5-1068 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1068. Notice to issuing tribunal of modification

  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.   History: En. Sec. 46, Ch. 328, L. 1993; amd. Sec. 37, Ch. 552, L. 1997; amd. Sec. 64, Ch. 174, L. 2015; Sec. 40-5-194(8), (9), MCA 2013; redes. 40-5-1068 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 18, Ch. 131, L. 2019.
MT Code § 40-5-1069 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1069. Jurisdiction to modify child support order of foreign country

  40-5-1069. Jurisdiction to modify child support order of foreign country. (1) Except as otherwise provided in 40-5-1083, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to 40-5-1065 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.   (2) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.   History: En. Sec. 4, Ch. 174, L. 2015; amd. Sec. 19, Ch. 131, L. 2019.
MT Code § 40-5-1070 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1070. Procedure to register child support order of foreign country for modification

  40-5-1070. Procedure to register child support order of foreign country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under 40-5-1055 through 40-5-1062 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.   History: En. Sec. 5, Ch. 174, L. 2015.
MT Code § 40-5-1071 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1071. and 40-5-1072 reserved

  40-5-1071 and 40-5-1072 reserved.
MT Code § 40-5-1073 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1073. Definitions

  40-5-1073. Definitions. In 40-5-1073 through 40-5-1085:   (1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.   (2) "Central authority" means the entity designated by the United States or a foreign country described in 40-5-1002(5)(d) to perform the functions specified in the convention.   (3) "Convention support order" means a support order of a tribunal of a foreign country described in 40-5-1002(5)(d).   (4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.   (5) "Foreign central authority" means the entity designated by a foreign country described in 40-5-1002(5)(d) to perform the functions specified in the convention.   (6) "Foreign support agreement":   (a) means an agreement for support in a record that:   (i) is enforceable as a support order in the country of origin;   (ii) has been:   (A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or   (B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and   (iii) may be reviewed and modified by a foreign tribunal; and   (b) includes a maintenance arrangement or authentic instrument under the convention.   (7) "United States central authority" means the secretary of the United States department of health and human services.   History: En. Sec. 6, Ch. 174, L. 2015.
MT Code § 40-5-1074 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1074. Applicability

  40-5-1074. Applicability. 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.   History: En. Sec. 7, Ch. 174, L. 2015; amd. Sec. 20, Ch. 131, L. 2019.
MT Code § 40-5-1075 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1075. Relationship of department of public health and human services to United States central authority

  40-5-1075. Relationship of department of public health and human services to United States central authority. The department of public health and human services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention.   History: En. Sec. 8, Ch. 174, L. 2015.
MT Code § 40-5-1076 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1076. Initiation by department of public health and human services of support proceeding under convention

  40-5-1076. Initiation by department of public health and human services of support proceeding under convention. (1) In a support proceeding under 40-5-1073 through 40-5-1085, the department of public health and human services of this state shall:   (a) transmit and receive applications; and   (b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.   (2) The following support proceedings are available to an obligee under the convention:   (a) recognition or recognition and enforcement of a foreign support order;   (b) enforcement of a support order issued or recognized in this state;   (c) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;   (d) establishment of a support order if recognition of a foreign support order is refused under 40-5-1080(2)(b), (2)(d), or (2)(i);   (e) modification of a support order of a tribunal of this state; and   (f) modification of a support order of a tribunal of another state or foreign country.   (3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:   (a) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;   (b) modification of a support order of a tribunal of this state; and   (c) modification of a support order of a tribunal of another state or a foreign country.   (4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.   History: En. Sec. 9, Ch. 174, L. 2015.