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 § 40-5-1076

Title 40FAMILY LAW

Ch. 5ENFORCEMENT OF SUPPORT

Part 10Uniform Interstate Family Support Act

This text of Montana § 40-5-1076 (Initiation By Department Of Public Health And Human Services Of Support Proceeding Under Convention) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-5-1076 (2026).

Text

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.