Montana Code Annotated 2017

TITLE 40. FAMILY LAW

CHAPTER 5. ENFORCEMENT OF SUPPORT

Part 10. Uniform Interstate Family Support Act

Application Of Part To Resident Of Foreign Country And Foreign Support Proceeding

40-5-1005. Application of part to resident of foreign country and foreign support proceeding. (1) A tribunal of this state shall apply 40-5-1001 through 40-5-1004, 40-5-1008, 40-5-1010 through 40-5-1017, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1068 and, as applicable, 40-5-1073 through 40-5-1085 to a support proceeding involving:

(a) a foreign support order;

(b) a foreign tribunal; or

(c) an obligee, obligor, or child residing in a foreign country.

(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of 40-5-1001 through 40-5-1004, 40-5-1008, 40-5-1010 through 40-5-1017, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1068.

(3) Sections 40-5-1073 through 40-5-1085 apply only to a support proceeding under the convention. In such a proceeding, if a provision of 40-5-1073 through 40-5-1085 is inconsistent with 40-5-1001 through 40-5-1004, 40-5-1008, 40-5-1010 through 40-5-1017, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1068, 40-5-1073 through 40-5-1085 control.

History: En. Sec. 1, Ch. 174, L. 2015.