40-5-1069. Jurisdiction to modify child support order of foreign country. (1) Except as otherwise provided in 40-5-1083, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to 40-5-1065 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

Terms Used In Montana Code 40-5-1069

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.