Table of Contents TITLE 40. FAMILY LAW CHAPTER 5. ENFORCEMENT OF SUPPORT Part 2. Administrative Enforcement of Support

Edition 1997 Other editions

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40-5-201 — Definitions 2 40-5-202 — Department of public heal... 40-5-203 — Child support enforcement... 40-5-204 — Cooperation by obligee 40-5-205 — Payment of support money... 40-5-206 — Central unit for informat... 40-5-207 — Department authorized to... 40-5-208 — Medical support -- obliga... 4 40-5-209 — Child support guidelines... 40-5-210 — Standardized fee schedule... 40-5-211 — Petition for support orde... 40-5-212 — Petition for support orde... 40-5-213 — Financial statements by o... 40-5-214 — Scale of suggested minimu... 40-5-221 — Debt to state by obligor... 40-5-222 — Support debt based upon s... 40-5-223 — Notice of support liabili... 40-5-224 — Finding of support liabil... 1 40-5-225 — Notice of financial respo... 1 40-5-226 — (Bracketed language termi... 40-5-227 — Filing and docketing of f... 40-5-231 — Jurisdiction and venue 1 40-5-232 — Establishment of paternit... 40-5-233 — Establishment of paternit... 40-5-234 — Paternity blood tests --... 1 40-5-235 — Effect of order establish... 40-5-236 — Referral of paternity iss... 40-5-237 — District court paternity... 40-5-238 — Confidentiality of patern... 1 40-5-242 — Notice of support lien --... 40-5-243 — Release of excess to obli... 40-5-244 — Banks and savings and loa... 1 40-5-247 — Warrant for distraint --... 1 40-5-248 — Lien against real and per... 40-5-251 — Debt payment schedule 40-5-252 — Interest on debts due --... 40-5-253 — Administrative findings a... 40-5-254 — Statutory limitations 40-5-255 — Charging off child suppor... 40-5-256 — Employee debtor rights pr... 40-5-257 — Assignment of earnings to... 1 40-5-261 — Procedures for making inf... 40-5-262 — Rules 40-5-263 — Central clearinghouse --... 40-5-264 — Cooperative agreements 1 40-5-271 — Registration of support o... 2 40-5-272 — Application for review of... 1 40-5-273 — Administrative review of... 40-5-274 — Child support payments to... 40-5-275 — Order to seek employment

Mont. Code Ann. § 40-5-234

(1997)

Paternity blood tests -- use of expert's affidavit -- effect of test results -- records -- presumption

(1) The department shall appoint an expert who is qualified in examining genetic markers to conduct any paternity blood test required by 40-5-233.

(2) An affidavit documenting the chain of custody of any blood specimen is admissible to establish the chain of custody.

(3) If the scientific evidence resulting from a paternity blood test:

(a) conclusively shows that the alleged father could not have been the natural father, the question of paternity must be resolved accordingly. A finding under this subsection is sufficient to overcome a presumption created by 40-6-105.

(b) shows a 95% or higher statistical probability of paternity, the alleged father is presumed to be the natural father of the child. This presumption may be rebutted in an appropriate action in district court by a preponderance of the evidence.

(c) does not exclude the alleged father and shows less than a 95% statistical probability of paternity, the test results may be weighed in conjunction with other evidence to establish paternity.

(4) The department may enter an order of nonpaternity based on a blood test exclusion and may order the department of public health and human services to prepare an amended or substitute birth certificate.

(5) The department may enter in the support order registry established in 40-5-271 a written finding of any paternity presumption created by paternity blood test results.

(6) A presumption of paternity established under this section is a sufficient basis for establishing a support order.

Official Annotations archive.org, 1997 edition

History:

EnactedEn. SectionSec. 5, ChapterCh. 119, Laws ofL. 1989

AmendedAmd. SectionSec. 3, ChapterCh. 70, Laws ofL. 1995

Source text on leg.mt.gov