Montana Code Annotated
Part 2. Administrative Enforcement of Support
40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence

40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence. (1) In a matter referred to the district court, if an alleged father objects to the procedures for or the results of a paternity genetic test, the alleged father shall file a written objection with the court within 20 days after service of the notice required by 40-5-236(3). The court shall order an additional paternity genetic test upon the alleged father's advance payment for additional testing if a written objection is timely filed or at the request of the department. The alleged father's advance payment must be returned to the alleged father if the test does not produce evidence of the alleged father's paternity. An additional test must be performed by the same or another expert who is qualified in paternity genetic testing. Failure of the alleged father to make a timely challenge is considered a waiver of any defense to the test results or test procedures, including the chain of custody.
(2) If an objection to the paternity genetic test is not timely filed, the paternity genetic test expert's completed and certified report of the results and conclusions of a paternity genetic test is admissible as evidence without additional foundation testimony or other proof of authenticity and accuracy if the laboratory in which the expert performed the test is accredited for parentage testing by the American association of blood banks. Accreditation may be established by verified statement or reference to published sources. This subsection does not limit the right of a party to contest the identity of persons submitting to testing.
(3) In any hearing before the court or at trial, testimony relating to sexual intercourse of the mother with any person who has been excluded from consideration as a possible father of the child involved by the results of a paternity genetic test is inadmissible in evidence.
(4) When a paternity genetic test excludes an alleged father from possible paternity, the test is conclusive evidence of nonpaternity of the alleged father for all purposes in the district court.
History: En. Sec. 8, Ch. 119, L. 1989; amd. Sec. 5, Ch. 70, L. 1995; amd. Sec. 51, Ch. 552, L. 1997; amd. Sec. 9, 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