(1) In a support proceeding under 40-5-1073 through 40-5-1085, the department of public health and human services of this state shall:
(a) transmit and receive applications; and(b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.(2) The following support proceedings are available to an obligee under the convention:
(a) recognition or recognition and enforcement of a foreign support order;(b) enforcement of a support order issued or recognized in this state;(c) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;(d) establishment of a support order if recognition of a foreign support order is refused under 40-5-1080(2)(b), (2)(d), or (2)(i);(e) modification of a support order of a tribunal of this state; and(f) modification of a support order of a tribunal of another state or foreign country.(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(a) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;(b) modification of a support order of a tribunal of this state; and(c) modification of a support order of a tribunal of another state or a foreign country.(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
ยง 40-5-1076, MCA
Added by Laws 2015, Ch. 174,Sec. 9, eff. 7/1/2015.
