40-5-185. Procedure to register order for enforcement. - Montana Statutes

     40-5-185. Procedure to register order for enforcement. (1) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the department of public health and human services pursuant to 40-5-263 or to the district court:
     (a) a letter of transmittal to the tribunal to request registration and enforcement;
     (b) two copies, including one certified copy, of all orders to be registered, including any modification of an order;
     (c) a sworn statement by the party seeking registration or a certified statement by the custodian of the records, showing the amount of any arrearages;
     (d) the name of the obligor and, if known:
     (i) the obligor's address and social security number;
     (ii) the name and address of the obligor's employer and any other source of income of the obligor; and
     (iii) a description and the location of property of the obligor in this state that is not exempt from execution; and
     (e) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
     (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed, together with one copy of the documents and information, regardless of their form.
     (3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed either at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

     History: En. Sec. 39, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-79; amd. Sec. 37, Ch. 328, L. 1993; Sec. 40-5-140, MCA 1991; redes. 40-5-185 by Code Commissioner, 1993; amd. Sec. 132, Ch. 546, L. 1995.