reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1057. Effect of registration for enforcement

40-5-1057. Effect of registration for enforcement.
(1) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this part, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
History: En. Sec. 40, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-80; amd. Sec. 38, Ch. 328, L. 1993; Sec. 40-5-141, MCA 1991; redes. 40-5-186 by Code Commissioner, 1993; amd. Sec. 56, Ch. 174, L. 2015; Sec. 40-5-186, MCA 2013; redes. 40-5-1057 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1058. Choice of law

40-5-1058. Choice of law.
(1) Except as otherwise provided in subsection (4), the law of the issuing state or foreign country governs:
(a) the nature, extent, amount, and duration of current payments under a registered support order;
(b) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(c) the existence and satisfaction of other obligations under the support order.
(2) In a proceeding for arrears under a registered support order, the statute of limitations of this state, or of the issuing state or foreign country, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
History: En. Sec. 39, Ch. 328, L. 1993; amd. Sec. 57, Ch. 174, L. 2015; Sec. 40-5-187, MCA 2013; redes. 40-5-1058 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1059. Notice of registration of order

40-5-1059. Notice of registration of order.
(1) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(2) The notice must inform the nonregistering party:
(a) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(b) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under 40-5-1079;
(c) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(d) of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders are in effect, a notice must also:
(a) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(b) notify the nonregistering party of the right to a determination of which is the controlling order;
(c) state that the procedures provided in subsection (2) apply to the determination of which is the controlling order; and
(d) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(4) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income-withholding laws of this state.
History: En. Sec. 40, Ch. 328, L. 1993; amd. Sec. 35, Ch. 552, L. 1997; amd. Sec. 58, Ch. 174, L. 2015; Sec. 40-5-188, MCA 2013; redes. 40-5-1059 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 14, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1060. Procedure to contest validity or enforcement of registered support order

40-5-1060. Procedure to contest validity or enforcement of registered support order.
(1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by 40-5-1059. A court hearing may be conducted by teleconferencing methods. A support enforcement agency hearing must initially be conducted by teleconferencing methods and is subject to the Montana Administrative Procedure Act. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to 40-5-1061.
(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
History: En. Sec. 41, Ch. 328, L. 1993; amd. Sec. 2, Ch. 482, L. 1997; amd. Secs. 36, 100, Ch. 552, L. 1997; amd. Sec. 59, Ch. 174, L. 2015; Sec. 40-5-189, MCA 2013; redes. 40-5-1060 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1061. Contest of registration or enforcement

40-5-1061. Contest of registration or enforcement.
(1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(a) the issuing tribunal lacked personal jurisdiction over the contesting party;
(b) the order was obtained by fraud;
(c) the order has been vacated, suspended, or modified by a later order;
(d) the issuing tribunal has stayed the order pending appeal;
(e) there is a defense under the law of this state to the remedy sought;
(f) full or partial payment has been made;
(g) the statute of limitations under 40-5-1058 precludes enforcement of some or all of the alleged arrearages; or
(h) the alleged controlling order is not the controlling order.
(2) If a party presents evidence establishing a full or partial defense under subsection (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
History: En. Sec. 42, Ch. 328, L. 1993; amd. Sec. 60, Ch. 174, L. 2015; Sec. 40-5-190, MCA 2013; redes. 40-5-1061 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1062. Confirmed order

40-5-1062. Confirmed order.
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
History: En. Sec. 43, Ch. 328, L. 1993; amd. Sec. 61, Ch. 174, L. 2015; Sec. 40-5-191, MCA 2013; redes. 40-5-1062 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1063. Procedure to register child support order of another state for modification

40-5-1063. Procedure to register child support order of another state for modification.
A party or support enforcement agency seeking to modify or to modify and enforce a child support order issued in another state shall register that order in this state in the same manner provided in 40-5-1055 through 40-5-1062 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading must specify the grounds for modification.
History: En. Sec. 44, Ch. 328, L. 1993; amd. Sec. 62, Ch. 174, L. 2015; Sec. 40-5-192, MCA 2013; redes. 40-5-1063 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 15, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1064. Effect of registration for modification

40-5-1064. Effect of registration for modification.
A tribunal of this state may enforce a child support order of another state, registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of 40-5-1065 or 40-5-1067 have been met.
History: En. Sec. 45, Ch. 328, L. 1993; amd. Sec. 63, Ch. 174, L. 2015; Sec. 40-5-193, MCA 2013; redes. 40-5-1064 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 16, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1065. Modification of child support order of another state

40-5-1065. Modification of child support order of another state.
(1) If 40-5-1067 does not apply, upon petition a tribunal of this state may modify a child support order that is issued in another state and that is registered in this state if after notice and hearing, the tribunal finds that:
(a) the following requirements are met:
(i) neither the child nor the obligee who is an individual nor the obligor resides in the issuing state;
(ii) a petitioner who is a nonresident of this state seeks modification; and
(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) this state is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(2) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.
(3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the laws of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be recognized under 40-5-1014 establishes the aspects of the support order that are nonmodifiable.
(4) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(5) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(6) Notwithstanding 40-5-1008(2) and subsections (1) through (5) of this section, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(a) one party resides in another state; and
(b) the other party resides outside the United States.
History: En. Sec. 46, Ch. 328, L. 1993; amd. Sec. 37, Ch. 552, L. 1997; amd. Sec. 64, Ch. 174, L. 2015; Sec. 40-5-194(1) through (6), MCA 2013; redes. 40-5-1065 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1066. Recognition of order modified in another state

40-5-1066. Recognition of order modified in another state.
If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
(1) may enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) may provide appropriate relief for violations of its order that occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
History: En. Sec. 47, Ch. 328, L. 1993; amd. Sec. 38, Ch. 552, L. 1997; amd. Sec. 65, Ch. 174, L. 2015; Sec. 40-5-195, MCA 2013; redes. 40-5-1066 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1067. Jurisdiction to modify child support order of another state when individual parties reside in this state

40-5-1067. Jurisdiction to modify child support order of another state when individual parties reside in this state.
(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and modify the issuing state's child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1055 through 40-5-1070, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Sections 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, 40-5-1073 through 40-5-1085, 40-5-1088, and 40-5-1089 do not apply.
History: En. Sec. 46, Ch. 328, L. 1993; amd. Sec. 37, Ch. 552, L. 1997; amd. Sec. 64, Ch. 174, L. 2015; Sec. 40-5-194(7), MCA 2013; redes. 40-5-1067 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 17, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1068. Notice to issuing tribunal of modification

40-5-1068. Notice to issuing tribunal of modification.
(1) Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows that the earlier order has been registered.
(2) A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
History: En. Sec. 46, Ch. 328, L. 1993; amd. Sec. 37, Ch. 552, L. 1997; amd. Sec. 64, Ch. 174, L. 2015; Sec. 40-5-194(8), (9), MCA 2013; redes. 40-5-1068 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 18, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1069. Jurisdiction to modify child support order of foreign country

40-5-1069. Jurisdiction to modify child support order of foreign country.
(1) Except as otherwise provided in 40-5-1083, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to 40-5-1065 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(2) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
History: En. Sec. 4, Ch. 174, L. 2015; amd. Sec. 19, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1070. Procedure to register child support order of foreign country for modification

40-5-1070. Procedure to register child support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under 40-5-1055 through 40-5-1062 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
History: En. Sec. 5, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1073. Definitions

40-5-1073. Definitions.
In 40-5-1073 through 40-5-1085:
(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in 40-5-1002(5)(d) to perform the functions specified in the convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in 40-5-1002(5)(d).
(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country described in 40-5-1002(5)(d) to perform the functions specified in the convention.
(6) "Foreign support agreement":
(a) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(b) includes a maintenance arrangement or authentic instrument under the convention.
(7) "United States central authority" means the secretary of the United States department of health and human services.
History: En. Sec. 6, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1074. Applicability

40-5-1074. Applicability.
Sections 40-5-1073 through 40-5-1085 apply only to a support proceeding under the convention. In such a proceeding, if a provision of 40-5-1073 through 40-5-1085 is inconsistent with 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1070, 40-5-1073 through 40-5-1085 control.
History: En. Sec. 7, Ch. 174, L. 2015; amd. Sec. 20, Ch. 131, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1075. Relationship of department of public health and human services to United States central authority

40-5-1075. Relationship of department of public health and human services to United States central authority.
The department of public health and human services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
History: En. Sec. 8, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1076. Initiation by department of public health and human services of support proceeding under convention

40-5-1076. Initiation by department of public health and human services of support proceeding under convention.
(1) In a support proceeding under 40-5-1073 through 40-5-1085, the department of public health and human services of this state shall:
(a) transmit and receive applications; and
(b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the convention:
(a) recognition or recognition and enforcement of a foreign support order;
(b) enforcement of a support order issued or recognized in this state;
(c) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(d) establishment of a support order if recognition of a foreign support order is refused under 40-5-1080(2)(b), (2)(d), or (2)(i);
(e) modification of a support order of a tribunal of this state; and
(f) modification of a support order of a tribunal of another state or foreign country.
(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(a) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(b) modification of a support order of a tribunal of this state; and
(c) modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
History: En. Sec. 9, Ch. 174, L. 2015.
2023 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.
2023 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.