Montana § 40-5-1060 Procedure To Contest Validity Or Enforcement Of Registered Support Order

Montana Statutes

§ 40-5-1060 — Procedure To Contest Validity Or Enforcement Of Registered Support Order

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

40-5-1060 . Procedure to contest validity or enforcement of registered support order.

(1)A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by 40-5-1059 . A court hearing may be conducted by teleconferencing methods. A support enforcement agency hearing must initially be conducted by teleconferencing methods and is subject to the Montana Administrative Procedure Act. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to 40-5-1061 .

(2)If the nonregistering party fails to contest the validity or enf

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40-5-1060 . Procedure to contest validity or enforcement of registered support order. (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by 40-5-1059 . A court hearing may be conducted by teleconferencing methods. A support enforcement agency hearing must initially be conducted by teleconferencing methods and is subject to the Montana Administrative Procedure Act. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to 40-5-1061 .
(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

Montana § 40-5-1060 (Procedure To Contest Validity Or Enforcement Of Registered Support Order) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 41, Ch. 328, L. 1993; amd. Sec. 2, Ch. 482, L. 1997; amd. Secs. 36, 100, Ch. 552, L. 1997; amd. Sec. 59, Ch. 174, L. 2015; Sec. 40-5-189 , MCA 2013; redes. 40-5-1060 by Sec. 71, Ch. 174, L. 2015.