Section 40-5-1073 – Definitions

May 13, 2021 | Family Law, Montana

In 40-5-1073 through 40-5-1085:

(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.

ยง 40-5-1073, MCA

Added by Laws 2015, Ch. 174,Sec. 6, eff. 7/1/2015.