Montana Code 40-5-1079. Contest of registered convention support order
40-5-1079. Contest of registered convention support order. (1) Except as otherwise provided in 40-5-1073 through 40-5-1085, 40-5-1059 through 40-5-1062 apply to a contest of a registered convention support order.
Terms Used In Montana Code 40-5-1079
- 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.
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3)If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (2), the order is enforceable.
(4)A contest of a registered convention support order may be based only on grounds set forth in 40-5-1080. The contesting party bears the burden of proof.
(5)In a contest of a registered convention support order, a tribunal of this state:
(a)is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b)may not review the merits of the order.
(6)A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7)A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.