Montana § 40-5-1042 Establishment Of Support Order

Montana Statutes

§ 40-5-1042 — Establishment Of Support Order

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

40-5-1042 . Establishment of support order.

(1)If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(a)the individual seeking the order resides outside this state; or

(b)the support enforcement agency seeking the order is located outside this state.

(2)The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(a)the presumed father of the child;

(b)petitioning to have his paternity adjudicated;

(c)identified as the father of the child through genetic testing;

(d)an alleged father who has declined to submit to genetic testing;

(e)shown by clear and conv

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40-5-1042 . Establishment of support order. (1) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(a) the individual seeking the order resides outside this state; or
(b) the support enforcement agency seeking the order is located outside this state.
(2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(a) the presumed father of the child;
(b) petitioning to have his paternity adjudicated;
(c) identified as the father of the child through genetic testing;
(d) an alleged father who has declined to submit to genetic testing;
(e) shown by clear and convincing evidence to be the father of the child;
(f) an acknowledged father as provided by applicable state law;
(g) the mother of the child; or
(h) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to 40-5-1025 .

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