Montana § 40-5-1059 Notice Of Registration Of Order

Montana Statutes

§ 40-5-1059 — Notice Of Registration Of Order

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

40-5-1059 . Notice of registration of order.

(1)When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(2)The notice must inform the nonregistering party:

(a)that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(b)that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under 40-5-1079 ;

(c)that failure to contest the validity or enf

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40-5-1059 . Notice of registration of order. (1) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(2) The notice must inform the nonregistering party:
(a) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(b) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under 40-5-1079 ;
(c) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(d) of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders are in effect, a notice must also:
(a) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(b) notify the nonregistering party of the right to a determination of which is the controlling order;
(c) state that the procedures provided in subsection (2) apply to the determination of which is the controlling order; and
(d) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(4) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income-withholding laws of this state.

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Legislative History

En. Sec. 40, Ch. 328, L. 1993; amd. Sec. 35, Ch. 552, L. 1997; amd. Sec. 58, Ch. 174, L. 2015; Sec. 40-5-188 , MCA 2013; redes. 40-5-1059 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 14, Ch. 131, L. 2019.