40-5-404. Other remedies available. (1) (a) The remedies provided in this part are in addition to and not in substitution for any other remedy that may otherwise be available to the department, and the department may simultaneously pursue other remedies to enforce a support obligation or to collect support arrearages.

Terms Used In Montana Code 40-5-404

  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-403
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Support order: has the meaning provided in 40-5-201. See Montana Code 40-5-403

(b)If the department is enforcing a support order of another state, an Indian tribe, or a foreign country under this part, the department may proceed under Title 40, chapter 5, part 10.

(2)(a) The department may enforce a support order of another state, an Indian tribe, or a foreign country under this part without registration of the support order under 40-5-271, 40-5-1052, or any other law providing for registration of support orders.

(b)If the department is enforcing an order under subsection (2)(a), in addition to those defenses available under this part, a party may contest the validity of the support order by proving any defense contained in 40-5-1061.