Montana § 40-5-1005 Application Of Part To Resident Of Foreign Country And Foreign Support Proceeding

Montana Statutes

§ 40-5-1005 — Application Of Part To Resident Of Foreign Country And Foreign Support Proceeding

Montana·Title 40 FAMILY LAW·Ch. 5 ENFORCEMENT OF SUPPORT·Part 10 Uniform Interstate Family Support Act

40-5-1005 . Application of part to resident of foreign country and foreign support proceeding.

(1)A tribunal of this state shall apply 40-5-1001 through 40-5-1005 , 40-5-1008 through 40-5-1018 , 40-5-1021 through 40-5-1039 , 40-5-1042 , 40-5-1043 , 40-5-1046 through 40-5-1052 , and 40-5-1055 through 40-5-1070 and, as applicable, 40-5-1073 through 40-5-1085 to a support proceeding involving:

(a)a foreign support order;

(b)a foreign tribunal; or

(c)an obligee, obligor, or child residing in a foreign country.

(2)A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of 40-5-1001 through 40-5-1005 , 40-5-1008 through 40-5-1018 , 40-5-1021 through 40-5-1039 , 40-5-1042 , 40-5-1043 , 40-5

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40-5-1005 . Application of part to resident of foreign country and foreign support proceeding. (1) A tribunal of this state shall apply 40-5-1001 through 40-5-1005 , 40-5-1008 through 40-5-1018 , 40-5-1021 through 40-5-1039 , 40-5-1042 , 40-5-1043 , 40-5-1046 through 40-5-1052 , and 40-5-1055 through 40-5-1070 and, as applicable, 40-5-1073 through 40-5-1085 to a support proceeding involving:
(a) a foreign support order;
(b) a foreign tribunal; or
(c) an obligee, obligor, or child residing in a foreign country.
(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of 40-5-1001 through 40-5-1005 , 40-5-1008 through 40-5-1018 , 40-5-1021 through 40-5-1039 , 40-5-1042 , 40-5-1043 , 40-5-1046 through 40-5-1052 , and 40-5-1055 through 40-5-1070 .
(3) Sections 40-5-1073 through 40-5-1085 apply only to a support proceeding under the convention. In such a proceeding, if a provision of 40-5-1073 through 40-5-1085 is inconsistent with 40-5-1001 through 40-5-1005 , 40-5-1008 through 40-5-1018 , 40-5-1021 through 40-5-1039 , 40-5-1042 , 40-5-1043 , 40-5-1046 through 40-5-1052 , and 40-5-1055 through 40-5-1070 , 40-5-1073 through 40-5-1085 control.

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