Montana Code 40-5-1082. Foreign support agreement
40-5-1082. Foreign support agreement. (1) Except as otherwise provided in subsections (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
Terms Used In Montana Code 40-5-1082
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Fraud: Intentional deception resulting in injury to another.
- 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 application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a)a complete text of the foreign support agreement; and
(b)a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(3)A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4)In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(a)recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b)the agreement was obtained by fraud or falsification;
(c)the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this part in this state; or
(d)the record submitted under subsection (2) lacks authenticity or integrity.
(5)A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.