Montana § 40-5-1042 - Establishment Of Support Order

§ 40-5-1042. Establishment Of Support Order

Establishment of support order. (1) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (a) the individual seeking the order resides outside this state; or (b) the support enforcement agency seeking the order is located outside this state. (2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: (a) the presumed father of the child; (b) petitioning to have his paternity adjudicated; (c) identified as the father of the child through genetic testing; (d) an alleged father who has declined to submit to genetic testing; (e) shown by clear and convincing evidence to be the father of the child; (f) an acknowledged father as provided by applicable state law; (g) the mother of the child; or (h) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. (3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to 40-5-1025 .