40-5-1076. Initiation by department of public health and human services of support proceeding under convention. (1) In a support proceeding under 40-5-1073 through 40-5-1085, the department of public health and human services of this state shall:

Terms Used In Montana Code 40-5-1076

  • 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

(a)transmit and receive applications; and

(b)initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(2)The following support proceedings are available to an obligee under the convention:

(a)recognition or recognition and enforcement of a foreign support order;

(b)enforcement of a support order issued or recognized in this state;

(c)establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(d)establishment of a support order if recognition of a foreign support order is refused under 40-5-1080(2)(b), (2)(d), or (2)(i);

(e)modification of a support order of a tribunal of this state; and

(f)modification of a support order of a tribunal of another state or foreign country.

(3)The following support proceedings are available under the convention to an obligor against which there is an existing support order:

(a)recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(b)modification of a support order of a tribunal of this state; and

(c)modification of a support order of a tribunal of another state or a foreign country.

(4)A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.