Montana Code Annotated
Part 10. Uniform Interstate Family Support Act
40-5-1002. Definitions

40-5-1002. Definitions. In this part:
(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a child support order directed to the parent.
(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.
(3) "Convention" means the convention on the international recovery of child support and other forms of family maintenance, concluded at The Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(5) "Foreign country" means a country, including a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and:
(a) that has been declared under the law of the United States to be a foreign reciprocating country;
(b) that has established a reciprocal arrangement for child support with this state as provided in 40-5-1028;
(c) that has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this part; or
(d) in which the convention is in force with respect to the United States.
(6) "Foreign support order" means a support order of a foreign tribunal.
(7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention.
(8) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.
(9) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
(10) "Income-withholding order" means an order or other legal process directed to an obligor's employer, as provided in Title 40, chapter 5, parts 3 and 4, to withhold support from the income of the obligor.
(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
(13) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.
(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.
(15) "Law" includes decisional and statutory law and rules and regulations having the force of law.
(16) "Obligee" means:
(a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
(b) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or a support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee in place of child support;
(c) an individual seeking a judgment determining parentage of that individual's child; or
(d) a person that is a creditor in a proceeding under 40-5-1073 through 40-5-1085.
(17) "Obligor" means an individual or the estate of a decedent that:
(a) owes or is alleged to owe a duty of support;
(b) is alleged but has not been adjudicated to be a parent of a child;
(c) is liable under a support order; or
(d) is a debtor in a proceeding under 40-5-1073 through 40-5-1085.
(18) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.
(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(21) "Register" means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or foreign country.
(22) "Registering tribunal" means a tribunal in which a support order or a judgment determining parentage of a child is registered.
(23) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or foreign country.
(24) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.
(25) "Spousal support order" means a support order for a spouse or former spouse of the obligor.
(26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.
(27) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to:
(a) seek enforcement of support orders or laws relating to the duty of support;
(b) seek establishment or modification of child support;
(c) request determination of parentage of a child;
(d) attempt to locate obligors or their assets; or
(e) request determination of the controlling child support order.
(28) (a) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support.
(b) The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.
(29) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
History: En. Sec. 2, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-42; amd. Sec. 2, Ch. 328, L. 1993; amd. Sec. 124, Ch. 546, L. 1995; amd. Sec. 27, Ch. 552, L. 1997; amd. Sec. 2, Ch. 352, L. 2001; amd. Sec. 19, Ch. 174, L. 2015; Sec. 40-5-103, MCA 2013; redes. 40-5-1002 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 7, Ch. 131, L. 2019.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 5. Enforcement of Support

Part 10. Uniform Interstate Family Support Act

40-5-1001. Short title

40-5-1002. Definitions

40-5-1003. State tribunals and support enforcement agency

40-5-1004. Remedies cumulative

40-5-1005. Application of part to resident of foreign country and foreign support proceeding

40-5-1006. and 40-5-1007 reserved

40-5-1008. Bases for jurisdiction over nonresident

40-5-1009. Duration of personal jurisdiction

40-5-1010. Initiating and responding tribunal of state

40-5-1011. Simultaneous proceedings

40-5-1012. Continuing, exclusive jurisdiction to modify child support order

40-5-1013. Continuing jurisdiction to enforce child support order

40-5-1014. Determination of controlling child support order

40-5-1015. Child support orders for two or more obligees

40-5-1016. Credit for payments

40-5-1017. Application of part to nonresident subject to personal jurisdiction

40-5-1018. Continuing, exclusive jurisdiction to modify spousal support order

40-5-1019. and 40-5-1020 reserved

40-5-1021. Proceedings under this part

40-5-1022. Proceeding by minor parent

40-5-1023. Application of law of this state

40-5-1024. Duties of initiating tribunal

40-5-1025. Duties and powers of responding tribunal

40-5-1026. Inappropriate tribunal

40-5-1027. Duties of support enforcement agency

40-5-1028. Duty of attorney general

40-5-1029. Private counsel

40-5-1030. Duties of state information agency

40-5-1031. Pleadings and accompanying documents

40-5-1032. Nondisclosure of information in exceptional circumstances

40-5-1033. Costs and fees

40-5-1034. Limited immunity of petitioner

40-5-1035. Nonparentage as defense

40-5-1036. Special rules of evidence and procedure

40-5-1037. Communications between tribunals

40-5-1038. Assistance with discovery

40-5-1039. Receipt and disbursement of payments

40-5-1040. and 40-5-1041 reserved

40-5-1042. Establishment of support order

40-5-1043. Proceeding to determine parentage

40-5-1044. and 40-5-1045 reserved

40-5-1046. Employer receipt of income-withholding orders of another state

40-5-1047. Employer compliance with income-withholding orders of another state

40-5-1048. Employer compliance with two or more income-withholding orders

40-5-1049. Immunity from civil liability

40-5-1050. Penalties for noncompliance

40-5-1051. Contest by obligor

40-5-1052. Administrative enforcement of orders

40-5-1053. and 40-5-1054 reserved

40-5-1055. Registration of order for enforcement

40-5-1056. Procedure to register order for enforcement

40-5-1057. Effect of registration for enforcement

40-5-1058. Choice of law

40-5-1059. Notice of registration of order

40-5-1060. Procedure to contest validity or enforcement of registered support order

40-5-1061. Contest of registration or enforcement

40-5-1062. Confirmed order

40-5-1063. Procedure to register child support order of another state for modification

40-5-1064. Effect of registration for modification

40-5-1065. Modification of child support order of another state

40-5-1066. Recognition of order modified in another state

40-5-1067. Jurisdiction to modify child support order of another state when individual parties reside in this state

40-5-1068. Notice to issuing tribunal of modification

40-5-1069. Jurisdiction to modify child support order of foreign country

40-5-1070. Procedure to register child support order of foreign country for modification

40-5-1071. and 40-5-1072 reserved

40-5-1073. Definitions

40-5-1074. Applicability

40-5-1075. Relationship of department of public health and human services to United States central authority

40-5-1076. Initiation by department of public health and human services of support proceeding under convention

40-5-1077. Direct request

40-5-1078. Registration of convention support order

40-5-1079. Contest of registered convention support order

40-5-1080. Recognition and enforcement of registered convention support order

40-5-1081. Partial enforcement

40-5-1082. Foreign support agreement

40-5-1083. Modification of convention child support order

40-5-1084. Personal information -- limit on use

40-5-1085. Record in original language -- English translation

40-5-1086. and 40-5-1087 reserved

40-5-1088. Grounds for rendition

40-5-1089. Conditions of rendition

40-5-1090. and 40-5-1091 reserved

40-5-1092. Uniformity of application and construction