Montana Code 40-5-1042. Establishment of support order
40-5-1042. Establishment of support order. (1) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
Terms Used In Montana Code 40-5-1042
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(a)the individual seeking the order resides outside this state; or
(b)the support enforcement agency seeking the order is located outside this state.
(2)The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(a)the presumed father of the child;
(b)petitioning to have his paternity adjudicated;
(c)identified as the father of the child through genetic testing;
(d)an alleged father who has declined to submit to genetic testing;
(e)shown by clear and convincing evidence to be the father of the child;
(f)an acknowledged father as provided by applicable state law;
(g)the mother of the child; or
(h)an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(3)Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to 40-5-1025.