Montana Code 40-5-1059. Notice of registration of order
40-5-1059. Notice of registration of order. (1) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
Terms Used In Montana Code 40-5-1059
- 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)The notice must inform the nonregistering party:
(a)that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(b)that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under 40-5-1079;
(c)that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(d)of the amount of any alleged arrearages.
(3)If the registering party asserts that two or more orders are in effect, a notice must also:
(a)identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(b)notify the nonregistering party of the right to a determination of which is the controlling order;
(c)state that the procedures provided in subsection (2) apply to the determination of which is the controlling order; and
(d)state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(4)Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to the income-withholding laws of this state.