reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-820. Void health benefit plans

40-5-820. Void health benefit plans.
A health benefit plan provision that denies or restricts coverage for a child in violation of a provision of 40-5-815 through 40-5-818 is void as against public policy.
History: En. Sec. 20, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-821. Penalty imposed by tribunal

40-5-821. Penalty imposed by tribunal.
(1) In addition to any other penalty provided by this part or other law, a tribunal, after a hearing, may impose a civil penalty not to exceed $25 for each day that a parent, health benefit plan, employer, union, or other payor is found to have knowingly violated a medical support order or a provision of or a rule adopted under this part.
(2) Imposition of a civil penalty under this section may be appealed if the tribunal is a court or may be reviewed under Title 2, chapter 4, part 7, if the tribunal is the department.
History: En. Sec. 21, Ch. 504, L. 1995; amd. Sec. 187, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 8. Medical Support Order Enforcement › 40-5-823. Health coverage -- notice of intent to purchase

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.
History: En. Sec. 23, Ch. 504, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 9. Centralized Child Support Registration and Payment › 40-5-908. Registration procedures

40-5-908. Registration procedures.
(1) In a court case, before a decree, judgment, or order may be docketed, the parties to the action or their attorneys shall prepare, on a form prescribed by the department, the abstract of a support order required under 40-5-907(3) and deliver it to the clerk of court whenever:
(a) a support order is entered or an existing order is modified after October 1, 1998;
(b) in an existing case not included under subsection (1)(a), the department has filed a notice of IV-D services and a support order is established, modified, adjusted, terminated, or otherwise affected or relief is granted from the support order; and
(c) in each case with a previously registered abstract, there is an action subsequent to registration that establishes, modifies, adjusts, terminates, grants relief from, or otherwise affects the support order in a registered case.
(2) The clerk of court shall deliver a completed abstract and copy of a non IV-D income-withholding order to the department within 5 working days of the receipt of an abstract or issuance of the non IV-D income-withholding order.
(3) (a) The department shall prepare and register abstracts of administrative support orders established by the department.
(b) For a foreign support order involving IV-D services from the department, the department shall attempt to acquire the information necessary for completion of the abstract from the person, court, or agency requesting IV-D services, and to the extent the information is provided, the department shall enter the information into the registry.
(4) As an alternative to the preparation and delivery of abstracts and non IV-D income-withholding orders to the department, the department may enter into cooperative agreements with district courts, clerks of court, or other appropriate agencies of this and other states to gather and transmit the information through electronic information networking systems.
History: En. Sec. 4, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 9. Centralized Child Support Registration and Payment › 40-5-910. Distribution of payments

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.
History: En. Sec. 6, Ch. 552, L. 1997; amd. Sec. 16, Ch. 352, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 9. Centralized Child Support Registration and Payment › 40-5-911. Monitor payments -- enforcement

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.
History: En. Sec. 7, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 9. Centralized Child Support Registration and Payment › 40-5-921. Certification of records

40-5-921. Certification of records.
(1) Copies, including optically scanned copies, of support payment records, abstracts, and any supporting documents maintained by the case registry and payment processing unit, when certified by a designated employee of the department, must, without further proof or foundation, be admitted into evidence in any legal proceedings.
(2) Support payment records for a case maintained in the case registry and payment processing unit constitute prima facie evidence of the amount of support paid and arrearages that have accrued since the department began to process and monitor support payments through the unit.
(3) Copies of judicial orders and other documents on file with a clerk of court, when transmitted to the department by the clerk by facsimile or other electronic means, are rebuttably presumed to be true and correct copies of the original documents and may be offered into evidence, without authentication or verification, in a department proceeding under this part. A person contesting the authenticity of the document may rebut the presumption with a certified copy of the original document.
History: En. Sec. 8, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 9. Centralized Child Support Registration and Payment › 40-5-922. Directory of new hires -- employer reporting requirements

40-5-922. (Temporary) Directory of new hires -- employer reporting requirements.
(1) (a) An employer doing business in the state shall report to the department the hiring or rehiring of an employee to whom the employer anticipates paying income.
(b) An employer shall report the hiring or rehiring of an employee by submitting a copy of the employee's completed W-4 form or, at the option of the employer, its informational equivalent or any other format agreed to by the department. The report must include the employee's name, date of hire, social security number, and residential and mailing addresses, and the name, address, and federal identification number of the employer. The report may include the employee's date of birth.
(c) If an employer provides health or medical insurance coverage for an employee and the coverage may be extended to the employee's children, the employer may, along with the date the employee becomes eligible for coverage, provide that information as part of the new hire report under subsection (1)(b).
(2) Transmission of the reports must be by first-class mail, electronic or magnetic transmission, including facsimile transmission, or any other format agreed to by the department. Written reports must be submitted within 20 days of the employee's date of hire or rehire. Reports transmitted electronically or magnetically may be made by two transmissions monthly, if necessary, not less than 12 or more than 16 days apart.
(3) An employer who has employees in two or more states and who transmits new hire reports electronically or magnetically may comply with this section by designating one of the states in which there is an employee and transmitting the report of new hires to that state. A multistate employer who elects to report to only one state shall give written notice of the state to which the employer will transmit new reports. As required by 42 U.S.C. 653a(b)(1)(B), this notice must be transmitted to the secretary of the federal department of health and human services.
(4) An employer providing reports is not liable to the employee for the disclosure or any subsequent use by the processing center of the information. (Terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999.)
History: En. Sec. 9, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 9. Centralized Child Support Registration and Payment › 40-5-923. Information and records -- disclosure

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.)
History: En. Sec. 10, Ch. 552, L. 1997; amd. Sec. 18, Ch. 21, L. 2005; amd. Sec. 69, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1001. Short title

40-5-1001. Short title.
This part may be cited as the "Uniform Interstate Family Support Act".
History: En. Sec. 42, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-82; amd. Sec. 1, Ch. 328, L. 1993; Sec. 40-5-101, MCA 2013; redes. 40-5-1001 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1003. State tribunals and support enforcement agency

40-5-1003. State tribunals and support enforcement agency.
(1) The district courts and the department of public health and human services are the tribunals of this state.
(2) The department of public health and human services provided for in 2-15-2201 is the support enforcement agency of this state.
History: En. Sec. 3, Ch. 328, L. 1993; amd. Sec. 125, Ch. 546, L. 1995; amd. Sec. 20, Ch. 174, L. 2015; Sec. 40-5-143, MCA 2013; redes. 40-5-1003 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1004. Remedies cumulative

40-5-1004. Remedies cumulative.
(1) Remedies provided by this part are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(2) This part does not:
(a) provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(b) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this part.
History: En. Sec. 3, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-43; amd. Sec. 4, Ch. 328, L. 1993; Sec. 40-5-104, MCA 1991; redes. 40-5-144 by Code Commissioner, 1993; amd. Sec. 21, Ch. 174, L. 2015; Sec. 40-5-144, MCA 2013; redes. 40-5-1004 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1005. Application of part to resident of foreign country and foreign support proceeding

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.
History: En. Sec. 1, Ch. 174, L. 2015; amd. Sec. 8, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1008. Bases for jurisdiction over nonresident

40-5-1008. Bases for jurisdiction over nonresident.
(1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(a) the individual is personally served with notice within this state;
(b) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or support for the child;
(e) the child resides in this state as a result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(g) the individual asserted parentage of a child in the putative father registry maintained in this state by the department of public health and human services; or
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in subsection (1) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of 40-5-1065 are met or, in the case of a foreign support order, unless the requirements of 40-5-1069 are met.
History: En. Sec. 5, Ch. 328, L. 1993; amd. Sec. 22, Ch. 174, L. 2015; Sec. 40-5-145, MCA 2013; redes. 40-5-1008 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 9, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1009. Duration of personal jurisdiction

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.
History: En. Sec. 2, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1010. Initiating and responding tribunal of state

40-5-1010. Initiating and responding tribunal of state.
Under this part, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
History: En. Sec. 7, Ch. 328, L. 1993; amd. Sec. 24, Ch. 174, L. 2015; Sec. 40-5-147, MCA 2013; redes. 40-5-1010 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1011. Simultaneous proceedings

40-5-1011. Simultaneous proceedings.
(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(a) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(b) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(c) if relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(a) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(b) the contesting party timely challenges the exercise of jurisdiction in this state; and
(c) if relevant, the other state or foreign country is the home state of the child.
History: En. Sec. 8, Ch. 328, L. 1993; amd. Sec. 25, Ch. 174, L. 2015; Sec. 40-5-148, MCA 2013; redes. 40-5-1011 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1012. Continuing, exclusive jurisdiction to modify child support order

40-5-1012. Continuing, exclusive jurisdiction to modify child support order.
(1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(a) at the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(b) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(a) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(b) its order is not the controlling order.
(3) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
History: En. Sec. 9, Ch. 328, L. 1993; amd. Sec. 28, Ch. 552, L. 1997; amd. Sec. 26, Ch. 174, L. 2015; Sec. 40-5-149, MCA 2013; redes. 40-5-1012 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1013. Continuing jurisdiction to enforce child support order

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.
History: En. Sec. 10, Ch. 328, L. 1993; amd. Sec. 27, Ch. 174, L. 2015; Sec. 40-5-150, MCA 2013; redes. 40-5-1013 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1015. Child support orders for two or more obligees

40-5-1015. Child support orders for two or more obligees.
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
History: En. Sec. 12, Ch. 328, L. 1993; amd. Sec. 29, Ch. 174, L. 2015; Sec. 40-5-152, MCA 2013; redes. 40-5-1015 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1016. Credit for payments

40-5-1016. Credit for payments.
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
History: En. Sec. 15, Ch. 60, L. 1995; amd. Sec. 52, Ch. 174, L. 2015; Sec. 40-5-181, MCA 2013; redes. 40-5-1016 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1017. Application of part to nonresident subject to personal jurisdiction

40-5-1017. Application of part to nonresident subject to personal jurisdiction.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this part, under the law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to 40-5-1036, communicate with a tribunal outside this state pursuant to 40-5-1037, and obtain discovery through a tribunal outside this state pursuant to 40-5-1038. In all other respects, 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 do not apply and the tribunal shall apply the procedural and substantive law of this state.
History: En. Sec. 6, Ch. 328, L. 1993; amd. Sec. 23, Ch. 174, L. 2015; Sec. 40-5-146, MCA 2013; redes. 40-5-1017 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 10, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1018. Continuing, exclusive jurisdiction to modify spousal support order

40-5-1018. Continuing, exclusive jurisdiction to modify spousal support order.
(1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(a) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or
(b) a responding tribunal to enforce or modify its own spousal support order.
History: En. Sec. 3, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1021. Proceedings under this part

40-5-1021. Proceedings under this part.
(1) Except as otherwise provided in this part, 40-5-1021 through 40-5-1039 apply to all proceedings under this part.
(2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this part by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
History: En. Sec. 15, Ch. 328, L. 1993; amd. Sec. 126, Ch. 546, L. 1995; amd. Sec. 5, Ch. 352, L. 2001; amd. Sec. 33, Ch. 174, L. 2015; Sec. 40-5-158, MCA 2013; redes. 40-5-1021 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1022. Proceeding by minor parent

40-5-1022. Proceeding by minor parent.
A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit of the minor's child.
History: En. Sec. 16, Ch. 328, L. 1993; amd. Sec. 34, Ch. 174, L. 2015; Sec. 40-5-159, MCA 2013; redes. 40-5-1022 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1023. Application of law of this state

40-5-1023. Application of law of this state.
Except as otherwise provided in this part, a responding tribunal of this state shall:
(1) apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
History: En. Sec. 17, Ch. 328, L. 1993; amd. Sec. 35, Ch. 174, L. 2015; Sec. 40-5-160, MCA 2013; redes. 40-5-1023 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1024. Duties of initiating tribunal

40-5-1024. Duties of initiating tribunal.
(1) Upon the filing of a petition authorized by this part, an initiating tribunal of this state shall forward the petition and its accompanying documents:
(a) to the responding tribunal or appropriate support enforcement agency in the responding state; or
(b) if the identity of the responding tribunal is unknown, to the state information agency of the responding state, with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(2) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
History: En. Sec. 14, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-54; amd. Sec. 18, Ch. 328, L. 1993; Sec. 40-5-115, MCA 1991; redes. 40-5-161 by Code Commissioner, 1993; amd. Sec. 127, Ch. 546, L. 1995; amd. Sec. 183, Ch. 42, L. 1997; amd. Sec. 30, Ch. 552, L. 1997; amd. Sec. 6, Ch. 352, L. 2001; amd. Sec. 36, Ch. 174, L. 2015; Sec. 40-5-161, MCA 2013; redes. 40-5-1024 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1025. Duties and powers of responding tribunal

40-5-1025. Duties and powers of responding tribunal.
(1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to 40-5-1021(2), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
(a) establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
(b) order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(c) order income withholding;
(d) determine the amount of any arrearages and specify a method of payment;
(e) enforce orders by civil or criminal contempt, or both;
(f) set aside property for satisfaction of the support order;
(g) place liens and order execution on the obligor's property;
(h) order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(i) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;
(j) order the obligor to seek appropriate employment by specified methods;
(k) award reasonable attorney fees and other fees and costs; and
(l) grant any other available remedy.
(3) A responding tribunal of this state shall include in a support order issued under this part or in the documents accompanying the order the calculations on which the support order is based.
(4) A responding tribunal of this state may not condition the payment of a support order issued under this part upon compliance by a party with provisions for visitation.
(5) If a responding tribunal of this state issues an order under this part, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(6) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
History: En. Sec. 19, Ch. 328, L. 1993; amd. Sec. 128, Ch. 546, L. 1995; amd. Sec. 31, Ch. 552, L. 1997; amd. Sec. 7, Ch. 352, L. 2001; amd. Sec. 37, Ch. 174, L. 2015; Sec. 40-5-162, MCA 2013; redes. 40-5-1025 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1026. Inappropriate tribunal

40-5-1026. Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
History: En. Sec. 20, Ch. 328, L. 1993; amd. Sec. 32, Ch. 552, L. 1997; amd. Sec. 38, Ch. 174, L. 2015; Sec. 40-5-163, MCA 2013; redes. 40-5-1026 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1027. Duties of support enforcement agency

40-5-1027. Duties of support enforcement agency.
(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part.
(2) A support enforcement agency of this state that is providing services to the petitioner shall:
(a) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
(b) request an appropriate tribunal to set a date, time, and place for a hearing;
(c) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(d) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(e) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(f) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(a) to ensure that the order to be registered is the controlling order; or
(b) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(5) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to 40-5-1039.
(6) This part does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
History: En. Sec. 21, Ch. 328, L. 1993; amd. Sec. 129, Ch. 546, L. 1995; amd. Sec. 184, Ch. 42, L. 1997; amd. Sec. 33, Ch. 552, L. 1997; amd. Sec. 8, Ch. 352, L. 2001; amd. Sec. 39, Ch. 174, L. 2015; Sec. 40-5-164, MCA 2013; redes. 40-5-1027 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 11, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1028. Duty of attorney general

40-5-1028. Duty of attorney general.
(1) If the attorney general determines that a support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this part or may provide those services directly to the individual.
(2) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
History: En. Sec. 18, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-58; amd. Sec. 23, Ch. 328, L. 1993; Sec. 40-5-119, MCA 1991; redes. 40-5-166 by Code Commissioner, 1993; amd. Sec. 41, Ch. 174, L. 2015; Sec. 40-5-166, MCA 2013; redes. 40-5-1028 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1029. Private counsel

40-5-1029. Private counsel.
An individual may employ private counsel to represent the individual in proceedings authorized by this part.
History: En. Sec. 24, Ch. 328, L. 1993; Sec. 40-5-170, MCA 2013; redes. 40-5-1029 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1030. Duties of state information agency

40-5-1030. Duties of state information agency.
(1) The department of public health and human services is designated as the state information agency under this part.
(2) The state information agency shall:
(a) compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this part and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(b) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
(c) forward to the appropriate tribunal in the place in this state in which the obligee who is an individual or the obligor resides or in which the obligor's property is believed to be located all documents concerning a proceeding under this part received from another state or foreign country; and
(d) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
History: En. Sec. 17, Ch. 237, L. 1969; amd. Sec. 48, Ch. 121, L. 1974; R.C.M. 1947, 93-2601-57; amd. Sec. 22, Ch. 328, L. 1993; Sec. 40-5-118, MCA 1991; redes. 40-5-165 by Code Commissioner, 1993; amd. Sec. 130, Ch. 546, L. 1995; amd. Sec. 40, Ch. 174, L. 2015; Sec. 40-5-165, MCA 2013; redes. 40-5-1030 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1031. Pleadings and accompanying documents

40-5-1031. Pleadings and accompanying documents.
(1) In a proceeding under this part, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under 40-5-1032, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent and the name, sex, as defined in 1-1-201, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
History: En. Sec. 25, Ch. 328, L. 1993; amd. Sec. 42, Ch. 174, L. 2015; Sec. 40-5-171, MCA 2013; redes. 40-5-1031 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 19, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1032. Nondisclosure of information in exceptional circumstances

40-5-1032. Nondisclosure of information in exceptional circumstances.
If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
History: En. Sec. 26, Ch. 328, L. 1993; amd. Sec. 43, Ch. 174, L. 2015; Sec. 40-5-172, MCA 2013; redes. 40-5-1032 by Sec. 71, Ch. 174, L. 2015.
2023 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.