Montana Code Annotated
Part 2. Administrative Enforcement of Support
40-5-232. Establishment of paternity -- notice of parental responsibility -- contents

40-5-232. Establishment of paternity -- notice of parental responsibility -- contents. (1) When the paternity of a child has not been legally established under the provisions of Title 40, chapter 6, part 1, or otherwise, the department may proceed to establish paternity under the provisions of 40-5-231 through 40-5-237. An administrative hearing held under the provisions of 40-5-231 through 40-5-237 is a contested case within the meaning of 2-4-102 and is subject to the provisions of Title 2, chapter 4, except as otherwise provided in 40-5-231 through 40-5-237.
(2) It is presumed to be in the best interest of a child to legally determine and establish paternity. A presumption under this subsection may be rebutted by a preponderance of the evidence.
(3) In a proceeding under 40-5-231 through 40-5-237, if an alleged father consents in writing to entry of an order declaring the alleged father to be the legal father of a child, the department may enter an order establishing legal paternity. As a part of a consent to entry of an order declaring paternity, the department shall provide information to the parents regarding the rights and responsibilities of an alleged father consenting to entry of an order declaring paternity. A consent to entry of an order declaring paternity is binding on a parent who executes it, whether or not the parent is a minor.
(4) Full faith and credit must be given to a determination of paternity made by any other state, whether presumed by law, established through voluntary acknowledgment, or established by administrative or judicial processes.
(5) The department shall commence proceedings to establish paternity by serving on an alleged father a notice of parental responsibility. The department may not serve the notice unless it has:
(a) a sworn statement claiming that the alleged father is the child's natural father;
(b) evidence of the existence of a presumption of paternity under 40-6-105; or
(c) any other reasonable cause to believe that the alleged father is the child's natural father.
(6) Regardless of whether the department has grounds to or intends to commence a paternity proceeding against the alleged father, when the child support enforcement division in a case under Title IV-D of the Social Security Act receives a written claim from a child's mother that names a person as the alleged natural father of the child, the department shall promptly take reasonable steps to locate and notify the alleged father of the existence of the claim. The notification must be given to the alleged father in a manner that places the demands of individual privacy above the merits of public disclosure. The notification must include the name of the mother and the date of birth or the projected date of birth if the child has not yet been born.
(7) Service on the alleged father of the notice of parental responsibility must be made as provided in 40-5-231(2). The notice must include:
(a) an allegation that the alleged father is the natural father of the child involved;
(b) the child's name and place and date of birth;
(c) the name of the child's mother and the name of the person or agency having custody of the child, if other than the mother;
(d) the probable time or period of time during which conception took place;
(e) a statement that if the alleged father fails to timely deny the allegation of paternity, the question of paternity may be resolved against the alleged father without further notice;
(f) a statement that if the alleged father timely denies the allegation of paternity:
(i) the alleged father is subject to compulsory paternity genetic testing;
(ii) a paternity genetic test may result in a presumption of paternity; and
(iii) upon receipt of the paternity genetic test results, if the alleged father continues to deny paternity, the alleged father may request the department to refer the matter to district court for a determination of paternity.
(8) The alleged father may file a written denial of paternity with the department within 20 days after service of the notice of parental responsibility.
(9) When there is more than one alleged father of a child, the department may serve a notice of parental responsibility on each alleged father in the same consolidated proceeding or in separate proceedings. Failure to serve notice on an alleged father does not prevent the department from serving notice on any other alleged father of the same child.
History: En. Sec. 3, Ch. 119, L. 1989; amd. Sec. 16, Ch. 631, L. 1993; amd. Sec. 1, Ch. 70, L. 1995; amd. Sec. 1, Ch. 398, L. 1997; amd. Sec. 47, Ch. 552, L. 1997; amd. Sec. 5, Ch. 364, L. 2019.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 5. Enforcement of Support

Part 2. Administrative Enforcement of Support

40-5-201. Definitions

40-5-202. Department of public health and human services -- powers and duties regarding collection of support debt

40-5-203. Child support enforcement services

40-5-204. Cooperation by obligee

40-5-205. Payment of support money collected to department -- notice

40-5-206. Central unit for information and administration -- cooperation enjoined -- availability of records

40-5-207. Department authorized to enforce maintenance awards

40-5-208. Medical support -- obligation enforcement

40-5-209. Child support guidelines -- periodic review

40-5-210. Standardized fee schedule -- rules

40-5-211. Repealed

40-5-212. Repealed

40-5-213. Financial statements by obligor -- penalty

40-5-214. Scale of suggested minimum contributions

40-5-215. through 40-5-220 reserved

40-5-221. Debt to state by obligor -- limitations

40-5-222. Support debt based upon support order -- notice -- contents -- action to collect

40-5-223. Repealed

40-5-224. Finding of support liability based upon payment of public assistance -- support lien -- bond to release warrant -- action to collect

40-5-225. Notice of financial responsibility -- temporary and final support obligations -- administrative procedure

40-5-226. Administrative hearing -- nature -- place -- time -- determinations -- failure to appear -- entry of final decision and order

40-5-227. Filing and docketing of final orders -- orders effective as district court decrees

40-5-228. through 40-5-230 reserved

40-5-231. Jurisdiction and venue

40-5-232. Establishment of paternity -- notice of parental responsibility -- contents

40-5-233. Establishment of paternity -- administrative hearing -- subpoena -- compulsory paternity genetic testing

40-5-234. Paternity genetic tests -- use of expert's affidavit -- effect of test results -- records -- presumption

40-5-235. Effect of order establishing paternity -- birth records -- relief from order

40-5-236. Referral of paternity issue to district court -- record -- parties -- exclusion of other matters -- fees

40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence

40-5-238. Confidentiality of paternity hearings and records of proceedings

40-5-239. and 40-5-240 reserved

40-5-241. Repealed

40-5-242. Notice of support lien -- civil liability upon failure to honor support lien or to comply with warrant for distraint

40-5-243. Release of excess to obligor

40-5-244. Repealed

40-5-245. Repealed

40-5-246. Repealed

40-5-247. Warrant for distraint -- effect -- satisfaction of support lien -- redemption

40-5-248. Lien against real and personal property -- effect of lien -- interest -- warrant for distraint

40-5-249. and 40-5-250 reserved

40-5-251. Debt payment schedule

40-5-252. Interest on debts due -- waiver

40-5-253. Administrative findings and order -- administrative remedies -- judicial review

40-5-254. Statutory limitations

40-5-255. Charging off child support debts as uncollectible -- sale of support debts

40-5-256. Employee debtor rights protected -- limitation

40-5-257. Assignment of earnings to be honored -- effect

40-5-258. through 40-5-260 reserved

40-5-261. Procedures for making information available to consumer reporting agencies

40-5-262. Rules

40-5-263. Central clearinghouse -- enforcement services -- powers and duties of the department

40-5-264. Cooperative agreements

40-5-265. through 40-5-270 reserved

40-5-271. Registration of support orders

40-5-272. Application for review of child support orders

40-5-273. Notice of review of child support orders -- order for production of information

40-5-274. Renumbered 40-5-290

40-5-275. Renumbered 40-5-291

40-5-276. Repealed

40-5-277. Administrative review hearing -- final order -- court approval of order

40-5-278. Limited review of support order

40-5-279. through 40-5-289 reserved

40-5-290. Child support payments to follow child

40-5-291. Order to seek employment