Montana Code Annotated
Part 10. Uniform Interstate Family Support Act
40-5-1073. Definitions

40-5-1073. Definitions. In 40-5-1073 through 40-5-1085:
(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in 40-5-1002(5)(d) to perform the functions specified in the convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in 40-5-1002(5)(d).
(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country described in 40-5-1002(5)(d) to perform the functions specified in the convention.
(6) "Foreign support agreement":
(a) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(b) includes a maintenance arrangement or authentic instrument under the convention.
(7) "United States central authority" means the secretary of the United States department of health and human services.
History: En. Sec. 6, 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