Montana Code Annotated 2023



Part 10. Uniform Interstate Family Support Act

Contest Of Registration Or Enforcement

40-5-1061. Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(a) the issuing tribunal lacked personal jurisdiction over the contesting party;

(b) the order was obtained by fraud;

(c) the order has been vacated, suspended, or modified by a later order;

(d) the issuing tribunal has stayed the order pending appeal;

(e) there is a defense under the law of this state to the remedy sought;

(f) full or partial payment has been made;

(g) the statute of limitations under 40-5-1058 precludes enforcement of some or all of the alleged arrearages; or

(h) the alleged controlling order is not the controlling order.

(2) If a party presents evidence establishing a full or partial defense under subsection (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

(3) If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

History: En. Sec. 42, Ch. 328, L. 1993; amd. Sec. 60, Ch. 174, L. 2015; Sec. 40-5-190, MCA 2013; redes. 40-5-1061 by Sec. 71, Ch. 174, L. 2015.