40-5-164. Duties of support enforcement agency. - Montana Statutes

     40-5-164. Duties of support enforcement agency. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part.
     (2) A support enforcement agency that is providing services to the petitioner shall, as appropriate:
     (a) take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;
     (b) request an appropriate tribunal to set a date, time, and place for a hearing;
     (c) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
     (d) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
     (e) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
     (f) notify the petitioner if jurisdiction over the respondent cannot be obtained.
     (3) This part does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
     (4) For purposes of this part, the department of public health and human services is the support enforcement agency for this state as provided in Title 40, chapter 5, parts 2, 4, and 6. All the provisions of this part must be interpreted as supplemental to and cumulative with the department's powers and duties under those provisions. In all other cases, the county attorney in the county in which an action must be filed is the support enforcement agency.

     History: En. Sec. 21, Ch. 328, L. 1993; amd. Sec. 129, Ch. 546, L. 1995; amd. Sec. 184, Ch. 42, L. 1997; amd. Sec. 33, Ch. 552, L. 1997; amd. Sec. 8, Ch. 352, L. 2001.