Montana Code 40-5-1061. Contest of registration or enforcement
40-5-1061. Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
Terms Used In Montana Code 40-5-1061
- 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.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- 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
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(a)the issuing tribunal lacked personal jurisdiction over the contesting party;
(b)the order was obtained by fraud;
(c)the order has been vacated, suspended, or modified by a later order;
(d)the issuing tribunal has stayed the order pending appeal;
(e)there is a defense under the law of this state to the remedy sought;
(f)full or partial payment has been made;
(g)the statute of limitations under 40-5-1058 precludes enforcement of some or all of the alleged arrearages; or
(h)the alleged controlling order is not the controlling order.
(2)If a party presents evidence establishing a full or partial defense under subsection (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(3)If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.