40-5-1058. Choice of law. (1) Except as otherwise provided in subsection (4), the law of the issuing state or foreign country governs:
(a) the nature, extent, amount, and duration of current payments under a registered support order;
(b) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(c) the existence and satisfaction of other obligations under the support order.
(2) In a proceeding for arrears under a registered support order, the statute of limitations of this state, or of the issuing state or foreign country, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
History: En. Sec. 39, Ch. 328, L. 1993; amd. Sec. 57, Ch. 174, L. 2015; Sec. 40-5-187, MCA 2013; redes. 40-5-1058 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