Montana Code Annotated 2021



Part 10. Uniform Interstate Family Support Act

Bases For Jurisdiction Over Nonresident

40-5-1008. Bases for jurisdiction over nonresident. (1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(a) the individual is personally served with notice within this state;

(b) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(c) the individual resided with the child in this state;

(d) the individual resided in this state and provided prenatal expenses or support for the child;

(e) the child resides in this state as a result of the acts or directives of the individual;

(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(g) the individual asserted parentage of a child in the putative father registry maintained in this state by the department of public health and human services; or

(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(2) The bases of personal jurisdiction set forth in subsection (1) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of 40-5-1065 are met or, in the case of a foreign support order, unless the requirements of 40-5-1069 are met.

History: En. Sec. 5, Ch. 328, L. 1993; amd. Sec. 22, Ch. 174, L. 2015; Sec. 40-5-145, MCA 2013; redes. 40-5-1008 by Sec. 71, Ch. 174, L. 2015; amd. Sec. 9, Ch. 131, L. 2019.