Montana § 40-5-1083 Modification Of Convention Child Support Order

Montana Statutes

§ 40-5-1083 — Modification Of Convention Child Support Order

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

40-5-1083 . Modification of convention child support order.

(1)A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(a)the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(b)the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(2)If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, 40-5-1080 (3) applies.

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40-5-1083 . Modification of convention child support order. (1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, 40-5-1080 (3) applies.

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