Montana § 40-5-1076 Initiation By Department Of Public Health And Human Services Of Support Proceeding Under Convention

Montana Statutes

§ 40-5-1076 — Initiation By Department Of Public Health And Human Services Of Support Proceeding Under Convention

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

40-5-1076 . Initiation by department of public health and human services of support proceeding under convention.

(1)In a support proceeding under 40-5-1073 through 40-5-1085 , the department of public health and human services of this state shall:

(a)transmit and receive applications; and

(b)initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(2)The following support proceedings are available to an obligee under the convention:

(a)recognition or recognition and enforcement of a foreign support order;

(b)enforcement of a support order issued or recognized in this state;

(c)establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(d)establishment of a suppor

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40-5-1076 . Initiation by department of public health and human services of support proceeding under convention. (1) In a support proceeding under 40-5-1073 through 40-5-1085 , the department of public health and human services of this state shall:
(a) transmit and receive applications; and
(b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the convention:
(a) recognition or recognition and enforcement of a foreign support order;
(b) enforcement of a support order issued or recognized in this state;
(c) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(d) establishment of a support order if recognition of a foreign support order is refused under 40-5-1080 (2)(b), (2)(d), or (2)(i);
(e) modification of a support order of a tribunal of this state; and
(f) modification of a support order of a tribunal of another state or foreign country.
(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(a) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(b) modification of a support order of a tribunal of this state; and
(c) modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.

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