reglab/housing_qa huggingface dataset:
MT Code § 40-5-1033 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1033. Costs and fees

  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.   History: En. Sec. 27, Ch. 328, L. 1993; amd. Sec. 131, Ch. 546, L. 1995; amd. Sec. 34, Ch. 552, L. 1997; amd. Sec. 9, Ch. 352, L. 2001; amd. Sec. 44, Ch. 174, L. 2015; Sec. 40-5-173, MCA 2013; redes. 40-5-1033 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1034 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1034. Limited immunity of petitioner

  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.   History: En. Sec. 32, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-72; amd. Sec. 35, Ch. 328, L. 1993; Sec. 40-5-133, MCA 1991; redes. 40-5-183 by Code Commissioner, 1993; amd. Sec. 53, Ch. 174, L. 2015; Sec. 40-5-183, MCA 2013; redes. 40-5-1034 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1035 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1035. Nonparentage as defense

  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.   History: En. Sec. 28, Ch. 328, L. 1993; amd. Sec. 45, Ch. 174, L. 2015; Sec. 40-5-174, MCA 2013; redes. 40-5-1035 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1036 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1036. Special rules of evidence and procedure

  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.   History: En. Sec. 29, Ch. 328, L. 1993; amd. Sec. 46, Ch. 174, L. 2015; Sec. 40-5-175, MCA 2013; redes. 40-5-1036 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1037 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1037. Communications between tribunals

  40-5-1037. Communications between tribunals. A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.   History: En. Sec. 30, Ch. 328, L. 1993; amd. Sec. 47, Ch. 174, L. 2015; Sec. 40-5-176, MCA 2013; redes. 40-5-1037 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1038 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1038. Assistance with discovery

  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.   History: En. Sec. 31, Ch. 328, L. 1993; amd. Sec. 48, Ch. 174, L. 2015; Sec. 40-5-177, MCA 2013; redes. 40-5-1038 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1039 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1039. Receipt and disbursement of payments

  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.   History: En. Sec. 32, Ch. 328, L. 1993; amd. Sec. 49, Ch. 174, L. 2015; Sec. 40-5-178, MCA 2013; redes. 40-5-1039 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1040 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1040. and 40-5-1041 reserved

  40-5-1040 and 40-5-1041 reserved.
MT Code § 40-5-1042 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1042. Establishment of support order

  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.   History: En. Sec. 33, Ch. 328, L. 1993; amd. Sec. 50, Ch. 174, L. 2015; Sec. 40-5-179, MCA 2013; redes. 40-5-1042 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1043 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1043. Proceeding to determine parentage

  40-5-1043. Proceeding to determine parentage. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding brought under this part to determine parentage of a child.   History: En. Sec. 48, Ch. 328, L. 1993; amd. Sec. 133, Ch. 546, L. 1995; amd. Sec. 39, Ch. 552, L. 1997; amd. Sec. 66, Ch. 174, L. 2015; Sec. 40-5-196, MCA 2013; redes. 40-5-1043 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 12, Ch. 131, L. 2019.
MT Code § 40-5-1044 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1044. and 40-5-1045 reserved

  40-5-1044 and 40-5-1045 reserved.
MT Code § 40-5-1046 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1046. Employer receipt of income-withholding orders of another state

  40-5-1046. Employer receipt of income-withholding orders of another state. An income-withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency to the person defined as the obligor's employer under the income-withholding laws of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.   History: En. Sec. 13, Ch. 552, L. 1997; amd. Sec. 4, Ch. 352, L. 2001; amd. Sec. 32, Ch. 174, L. 2015; Sec. 40-5-157(1), MCA 2013; redes. 40-5-1046 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1047 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1047. Employer compliance with income-withholding orders of another state

  40-5-1047. Employer compliance with income-withholding orders of another state. (1) (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.   (b) The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.   (2) Except as otherwise provided in 40-5-1048 and subsection (3) of this section, the employer shall withhold and distribute the funds as directed in the income-withholding order by complying with the terms of the order that specify:   (a) the duration and amount of periodic payments of current child support, stated as a sum certain;   (b) the person designated to receive payments and the address to which the payments are to be forwarded;   (c) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;   (d) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and   (e) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.   (3) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:   (a) the employer's fee for processing an income-withholding order;   (b) the maximum amount permitted to be withheld from the obligor's income; and   (c) the times within which the employer must implement the income-withholding order and forward the child support payment.   History: En. Sec. 13, Ch. 552, L. 1997; amd. Sec. 4, Ch. 352, L. 2001; amd. Sec. 32, Ch. 174, L. 2015; Sec. 40-5-157(2) through (4), MCA 2013; redes. 40-5-1047 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1048 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1048. Employer compliance with two or more income-withholding orders

  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.   History: En. Sec. 13, Ch. 552, L. 1997; amd. Sec. 4, Ch. 352, L. 2001; amd. Sec. 32, Ch. 174, L. 2015; Sec. 40-5-157(5), MCA 2013; redes. 40-5-1048 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1049 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1049. Immunity from civil liability

  40-5-1049. Immunity from civil liability. An employer that complies with an income-withholding order issued in another state in accordance with this section is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.   History: En. Sec. 13, Ch. 552, L. 1997; amd. Sec. 4, Ch. 352, L. 2001; amd. Sec. 32, Ch. 174, L. 2015; Sec. 40-5-157(6), MCA 2013; redes. 40-5-1049 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1050 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1050. Penalties for noncompliance

  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.   History: En. Sec. 13, Ch. 552, L. 1997; amd. Sec. 4, Ch. 352, L. 2001; amd. Sec. 32, Ch. 174, L. 2015; Sec. 40-5-157(7), MCA 2013; redes. 40-5-1050 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1051 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1051. Contest by obligor

  40-5-1051. Contest by obligor. (1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in 40-5-1055 through 40-5-1070, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.   (2) The obligor shall give notice of the contest to:   (a) a support enforcement agency providing services to the obligee;   (b) each employer that has directly received an income-withholding order relating to the obligor; and   (c) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.   History: En. Sec. 13, Ch. 552, L. 1997; amd. Sec. 4, Ch. 352, L. 2001; amd. Sec. 32, Ch. 174, L. 2015; Sec. 40-5-157(8), MCA 2013; redes. 40-5-1051 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 13, Ch. 131, L. 2019.
MT Code § 40-5-1052 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1052. Administrative enforcement of orders

  40-5-1052. Administrative enforcement of orders. (1) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.   (2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this part.   History: En. Sec. 34, Ch. 328, L. 1993; amd. Sec. 51, Ch. 174, L. 2015; Sec. 40-5-180, MCA 2013; redes. 40-5-1052 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1053 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1053. and 40-5-1054 reserved

  40-5-1053 and 40-5-1054 reserved.
MT Code § 40-5-1055 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1055. Registration of order for enforcement

  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.   History: En. Sec. 36, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-76; amd. Sec. 36, Ch. 328, L. 1993; Sec. 40-5-137, MCA 1991; redes. 40-5-184 by Code Commissioner, 1993; amd. Sec. 54, Ch. 174, L. 2015; Sec. 40-5-184, MCA 2013; redes. 40-5-1055 by Sec. 71, Ch. 174, L. 2015.
MT Code § 40-5-1056 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 5. Enforcement of Support|Part 10. Uniform Interstate Family Support Act|40-5-1056. Procedure to register order for enforcement

  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.   History: En. Sec. 39, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-79; amd. Sec. 37, Ch. 328, L. 1993; Sec. 40-5-140, MCA 1991; redes. 40-5-185 by Code Commissioner, 1993; amd. Sec. 132, Ch. 546, L. 1995; amd. Sec. 55, Ch. 174, L. 2015; Sec. 40-5-185, MCA 2013; redes. 40-5-1056 by Sec. 71, Ch. 174, L. 2015.