40-5-1061. Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(a) the issuing tribunal lacked personal jurisdiction over the contesting party;
(b) the order was obtained by fraud;
(c) the order has been vacated, suspended, or modified by a later order;
(d) the issuing tribunal has stayed the order pending appeal;
(e) there is a defense under the law of this state to the remedy sought;
(f) full or partial payment has been made;
(g) the statute of limitations under 40-5-1058 precludes enforcement of some or all of the alleged arrearages; or
(h) the alleged controlling order is not the controlling order.
(2) If a party presents evidence establishing a full or partial defense under subsection (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
History: En. Sec. 42, Ch. 328, L. 1993; amd. Sec. 60, Ch. 174, L. 2015; Sec. 40-5-190, MCA 2013; redes. 40-5-1061 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