Montana § 40-5-1027 Duties Of Support Enforcement Agency

Montana Statutes

§ 40-5-1027 — Duties Of Support Enforcement Agency

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

40-5-1027 . Duties of support enforcement agency.

(1)A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part.

(2)A support enforcement agency of this state that is providing services to the petitioner shall:

(a)take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;

(b)request an appropriate tribunal to set a date, time, and place for a hearing;

(c)make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(d)within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or regis

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40-5-1027 . Duties of support enforcement agency. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part.
(2) A support enforcement agency of this state that is providing services to the petitioner shall:
(a) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
(b) request an appropriate tribunal to set a date, time, and place for a hearing;
(c) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(d) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(e) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(f) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(a) to ensure that the order to be registered is the controlling order; or
(b) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(5) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to 40-5-1039 .
(6) This part does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

Montana § 40-5-1027 (Duties Of Support Enforcement Agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 21, Ch. 328, L. 1993; amd. Sec. 129, Ch. 546, L. 1995; amd. Sec. 184, Ch. 42, L. 1997; amd. Sec. 33, Ch. 552, L. 1997; amd. Sec. 8, Ch. 352, L. 2001; amd. Sec. 39, Ch. 174, L. 2015; Sec. 40-5-164 , MCA 2013; redes. 40-5-1027 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 11, Ch. 131, L. 2019.