Section 40-5-1083 – Modification of convention child support order

May 13, 2021 | Family Law, Montana

(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:

(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.

ยง 40-5-1083, MCA

Added by Laws 2015, Ch. 174,Sec. 16, eff. 7/1/2015.