Montana Code Annotated
Part 10. Uniform Interstate Family Support Act
40-5-1014. Determination of controlling child support order

40-5-1014. Determination of controlling child support order. (1) If a proceeding is brought under this part and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.
(2) If a proceeding is brought under this part and two or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this part, the order of that tribunal controls.
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this part:
(i) an order issued by a tribunal in the current home state of the child controls; or
(ii) if an order has not been issued in the current home state of the child, the order most recently issued controls.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this part, the tribunal of this state shall issue a child support order, which controls.
(3) If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (2). The request may be filed with a registration for enforcement or registration for modification pursuant to 40-5-1055 through 40-5-1070 or may be filed as a separate proceeding.
(4) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(5) The tribunal that issued the controlling order under subsection (1), (2), or (3) has continuing jurisdiction to the extent provided in 40-5-1012 or 40-5-1013.
(6) A tribunal of this state that determines by order which is the controlling order under subsection (2)(a), (2)(b), or (3) or that issues a new controlling order under subsection (2)(c) shall state in that order:
(a) the basis upon which the tribunal made its determination;
(b) the amount of prospective support, if any; and
(c) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by 40-5-1016.
(7) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that 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 controlling order.
(8) An order that has been determined to be the controlling order or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this part.
History: En. Sec. 11, Ch. 328, L. 1993; amd. Sec. 29, Ch. 552, L. 1997; amd. Sec. 28, Ch. 174, L. 2015; Sec. 40-5-151, MCA 2013; redes. 40-5-1014 by Sec. 71, Ch. 174, L. 2015.

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