Montana Code Annotated
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.

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