(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:
(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.
ยง 40-5-1042, MCA
Renumbered from 40-5-179 by Laws 2015, Ch. 174,Sec. 71, eff. 7/1/2015.Amended by Laws 2015, Ch. 174,Sec. 50, eff. 7/1/2015.En. Sec. 33, Ch. 328, L. 1993.
