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.
Structure Montana Code Annotated
Chapter 5. Enforcement of Support
Part 10. Uniform Interstate Family Support Act
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
40-5-1030. Duties of state information agency
40-5-1031. Pleadings and accompanying documents
40-5-1032. Nondisclosure of information in exceptional circumstances
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
40-5-1052. 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
40-5-1059. 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
40-5-1063. 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
40-5-1068. 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
40-5-1078. 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