Montana Code 40-5-1073. Definitions
40-5-1073. Definitions. In 40-5-1073 through 40-5-1085:
Terms Used In Montana Code 40-5-1073
- 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
(1)”Application” means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2)”Central authority” means the entity designated by the United States or a foreign country described in 40-5-1002(5)(d) to perform the functions specified in the convention.
(3)”Convention support order” means a support order of a tribunal of a foreign country described in 40-5-1002(5)(d).
(4)”Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5)”Foreign central authority” means the entity designated by a foreign country described in 40-5-1002(5)(d) to perform the functions specified in the convention.
(6)”Foreign support agreement”:
(a)means an agreement for support in a record that:
(i)is enforceable as a support order in the country of origin;
(ii)has been:
(A)formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(B)authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii)may be reviewed and modified by a foreign tribunal; and
(b)includes a maintenance arrangement or authentic instrument under the convention.
(7)”United States central authority” means the secretary of the United States department of health and human services.