Montana Code Annotated 1997

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     40-5-272. Application for review of child support orders. (1) Upon the application of the department, the obligor, or the obligee, a hearings officer appointed pursuant to 40-5-273 shall review support orders filed with the support order registry. The purpose of the review is to determine whether the support order should be modified in accordance with the guidelines.
     (2) Jurisdiction to conduct the review and to issue a modifying order under 40-5-273 is authorized when:
     (a) the obligor and the obligee reside in this state; or
     (b) jurisdiction can be obtained as provided under 40-5-231.
     (3) Jurisdiction to review a child support order under this section does not confer jurisdiction for any other purpose, such as custody or visitation disputes.
     (4) Criteria constituting sufficient grounds for review of a child support order include:
     (a) inconsistency with this state's guidelines, unless the inconsistency is considered negligible under department rules; or
     (b) availability of health insurance coverage to the obligor's child through the obligor's employment or other group insurance.
     (5) The department shall make available procedures and forms that allow the obligor or the obligee to complete the review process without legal counsel.
     (6) To the extent that they are consistent with this section, the provisions of 40-5-145, 40-5-149, and 40-5-150 apply to this section.

     History: En. Sec. 2, Ch. 266, L. 1991; amd. Sec. 50, Ch. 328, L. 1993.

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