Montana Code 40-5-1083. Modification of convention child support order
40-5-1083. Modification of convention child support order. (1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
Terms Used In Montana Code 40-5-1083
- 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 obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b)the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2)If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, 40-5-1080(3) applies.