TITLE 40. FAMILY LAW

CHAPTER 5. ENFORCEMENT OF SUPPORT

Part 10. Uniform Interstate Family Support Act

Notice Of Registration Of Order

40-5-1059. Notice of registration of order. (1) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(2) The notice must inform the nonregistering party:

(a) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(b) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under 40-5-1079;

(c) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(d) of the amount of any alleged arrearages.

(3) If the registering party asserts that two or more orders are in effect, a notice must also:

(a) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(b) notify the nonregistering party of the right to a determination of which is the controlling order;

(c) state that the procedures provided in subsection (2) apply to the determination of which is the controlling order; and

(d) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(4) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income-withholding laws of this state.

History: En. Sec. 40, Ch. 328, L. 1993; amd. Sec. 35, Ch. 552, L. 1997; amd. Sec. 58, Ch. 174, L. 2015; Sec. 40-5-188, MCA 2013; redes. 40-5-1059 by Sec. 71, Ch. 174, L. 2015.