reglab/housing_qa huggingface dataset:
MT Code § 40-5-1077 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1077. Direct request

  40-5-1077. Direct request. (1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.   (2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, 40-5-1078 through 40-5-1085 apply.   (3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:   (a) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and   (b) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.   (4) A petitioner filing a direct request is not entitled to assistance from the department of public health and human services.   (5) Sections 40-5-1073 through 40-5-1085 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.   History: En. Sec. 10, Ch. 174, L. 2015.
MT Code § 40-5-1078 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1078. Registration of convention support order

  40-5-1078. Registration of convention support order. (1) Except as otherwise provided in 40-5-1073 through 40-5-1085, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in 40-5-1055 through 40-5-1070.   (2) Notwithstanding 40-5-1031 and 40-5-1056(1), a request for registration of a convention support order must be accompanied by:   (a) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague conference on private international law;   (b) a record stating that the support order is enforceable in the issuing country;   (c) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;   (d) a record showing the amount of arrears, if any, and the date the amount was calculated;   (e) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and   (f) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.   (3) A request for registration of a convention support order may seek recognition and partial enforcement of the order.   (4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under 40-5-1079 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.   (5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.   History: En. Sec. 11, Ch. 174, L. 2015.
MT Code § 40-5-1079 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1079. Contest of registered convention support order

  40-5-1079. Contest of registered convention support order. (1) Except as otherwise provided in 40-5-1073 through 40-5-1085, 40-5-1059 through 40-5-1062 apply to a contest of a registered convention support order.   (2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.   (3) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (2), the order is enforceable.   (4) A contest of a registered convention support order may be based only on grounds set forth in 40-5-1080. The contesting party bears the burden of proof.   (5) In a contest of a registered convention support order, a tribunal of this state:   (a) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and   (b) may not review the merits of the order.   (6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.   (7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.   History: En. Sec. 12, Ch. 174, L. 2015.
MT Code § 40-5-1080 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1080. Recognition and enforcement of registered convention support order

  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.   History: En. Sec. 13, Ch. 174, L. 2015.
MT Code § 40-5-1081 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1081. Partial enforcement

  40-5-1081. Partial enforcement. If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.   History: En. Sec. 14, Ch. 174, L. 2015.
MT Code § 40-5-1082 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1082. Foreign support agreement

  40-5-1082. Foreign support agreement. (1) Except as otherwise provided in subsections (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.   (2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:   (a) a complete text of the foreign support agreement; and   (b) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.   (3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.   (4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:   (a) recognition and enforcement of the agreement is manifestly incompatible with public policy;   (b) the agreement was obtained by fraud or falsification;   (c) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this part in this state; or   (d) the record submitted under subsection (2) lacks authenticity or integrity.   (5) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.   History: En. Sec. 15, Ch. 174, L. 2015.
MT Code § 40-5-1083 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1083. Modification of convention child support order

  40-5-1083. Modification of convention child support order. (1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:   (a) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or   (b) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.   (2) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, 40-5-1080(3) applies.   History: En. Sec. 16, Ch. 174, L. 2015.
MT Code § 40-5-1084 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1084. Personal information -- limit on use

  40-5-1084. Personal information -- limit on use. Personal information gathered or transmitted under 40-5-1073 through 40-5-1085 may be used only for the purposes for which it was gathered or transmitted.   History: En. Sec. 17, Ch. 174, L. 2015.
MT Code § 40-5-1085 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1085. Record in original language -- English translation

  40-5-1085. Record in original language -- English translation. A record filed with a tribunal of this state under 40-5-1073 through 40-5-1085 must be in the original language and, if not in English, must be accompanied by an English translation.   History: En. Sec. 18, Ch. 174, L. 2015.
MT Code § 40-5-1086 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1086. and 40-5-1087 reserved

  40-5-1086 and 40-5-1087 reserved.
MT Code § 40-5-1088 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1088. Grounds for rendition

  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.   History: En. Sec. 5, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-45; amd. Sec. 13, Ch. 328, L. 1993; Sec. 40-5-106, MCA 1991; redes. 40-5-153 by Code Commissioner, 1993; amd. Sec. 30, Ch. 174, L. 2015; Sec. 40-5-153, MCA 2013; redes. 40-5-1088 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1089 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1089. Conditions of rendition

  40-5-1089. Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this part or that the proceeding would be of no avail.   (2) If, under this part or a law substantially similar to this part, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.   (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.   History: En. Sec. 6, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-46; amd. Sec. 14, Ch. 328, L. 1993; Sec. 40-5-107, MCA 1991; redes. 40-5-154 by Code Commissioner, 1993; amd. Sec. 3, Ch. 352, L. 2001; amd. Sec. 31, Ch. 174, L. 2015; Sec. 40-5-154, MCA 2013; redes. 40-5-1089 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1090 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1090. and 40-5-1091 reserved

  40-5-1090 and 40-5-1091 reserved.
MT Code § 40-5-1092 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1092. Uniformity of application and construction

  40-5-1092. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   History: En. Sec. 41, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-81; amd. Sec. 49, Ch. 328, L. 1993; Sec. 40-5-142, MCA 1991; redes. 40-5-197 by Code Commissioner, 1993; amd. Sec. 67, Ch. 174, L. 2015; Sec. 40-5-197, MCA 2013; redes. 40-5-1092 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-6-101 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-101. Short title

  40-6-101. Short title. This part may be cited as the "Uniform Parentage Act".   History: En. 61-301 by Sec. 1, Ch. 512, L. 1975; R.C.M. 1947, 61-301.
MT Code § 40-6-102 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-102. Definitions

  40-6-102. Definitions. As used in this part, the following definitions apply:   (1) "Parent and child relationship" means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.   (2) "Paternity test" means a test that demonstrates through examination of genetic markers either that an alleged father is not the natural father of a child or that there is a probability that an alleged father is the natural father of a child. The genetic markers may be identified from a person's blood or a tissue sample. The blood or tissue sample may be taken by blood drawing, buccal swab, or any other method approved by the American association of blood banks. A blood test may include but is not limited to the human leukocyte antigen test and DNA probe technology.   (3) "Support judgment" or "support order" means an order, whether temporary or final, that provides for the periodic payment of an amount of money expressed in dollars for the support of a child, including medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child.   History: En. 61-302 by Sec. 2, Ch. 512, L. 1975; R.C.M. 1947, 61-302; amd. Sec. 6, Ch. 70, L. 1995; amd. Sec. 85, Ch. 552, L. 1997; amd. Sec. 11, Ch. 364, L. 2019.
MT Code § 40-6-103 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-103. Relationship not dependent on marriage

  40-6-103. Relationship not dependent on marriage. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.   History: En. 61-303 by Sec. 3, Ch. 512, L. 1975; R.C.M. 1947, 61-303.
MT Code § 40-6-104 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-104. How parent and child relationship established

  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.   History: En. 61-304 by Sec. 4, Ch. 512, L. 1975; R.C.M. 1947, 61-304; amd. Sec. 1581, Ch. 56, L. 2009.
MT Code § 40-6-106 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-106. Artificial insemination

  40-6-106. Artificial insemination. (1) If, under the supervision of a licensed physician and with the consent of the woman's husband, a wife is inseminated artificially with semen donated by a person who is not the husband, the husband is treated in law as if the husband were the natural father of a child conceived by artificial insemination. The husband's consent must be in writing and signed by the husband and the wife. The physician shall certify their signatures and the date of the insemination and file the husband's consent with the department of public health and human services, where it must be kept confidential and in a sealed file. However, the physician's failure to file the consent does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.   (2) The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if the donor is not the natural father of a child conceived by artificial insemination.   History: En. 61-306 by Sec. 6, Ch. 512, L. 1975; R.C.M. 1947, 61-306; amd. Sec. 81, Ch. 418, L. 1995; amd. Sec. 144, Ch. 546, L. 1995.
MT Code § 40-6-107 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-107. Determination of father and child relationship -- who may bring action

  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.   History: En. 61-307 by Sec. 7, Ch. 512, L. 1975; R.C.M. 1947, 61-307; amd. Sec. 32, Ch. 609, L. 1987; amd. Sec. 145, Ch. 546, L. 1995.