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.
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