Table of Contents TITLE 40. FAMILY LAW CHAPTER 5. ENFORCEMENT OF SUPPORT Part 2. Administrative Enforcement of Support
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40-5-201 2 40-5-202 40-5-203 40-5-204 40-5-205 40-5-206 40-5-207 40-5-208 4 40-5-209 40-5-210 40-5-213 40-5-214 40-5-221 40-5-222 40-5-224 1 40-5-225 1 40-5-226 40-5-227 40-5-231 1 40-5-232 40-5-233 40-5-234 1 40-5-235 40-5-236 40-5-237 40-5-238 1 40-5-242 40-5-243 1 40-5-247 1 40-5-248 40-5-251 40-5-252 40-5-253 40-5-254 40-5-255 40-5-256 40-5-257 1 40-5-261 40-5-262 40-5-263 40-5-264 1 40-5-271 2 40-5-272 1 40-5-273 40-5-274 40-5-275 4 40-5-277 40-5-278 1 40-5-290 40-5-291

Mont. Code Ann. § 40-5-236

(2011)

Referral of paternity issue to district court -- record -- parties -- exclusion of other matters -- fees

(1) If the scientific evidence resulting from a paternity blood test does not exclude the alleged father and the alleged father continues to deny paternity, the alleged father shall file a written objection with the department within 20 days after service of the paternity blood test results specifically requesting referral of the paternity issue to the district court. Upon receipt of the written objection, the department shall refer the matter to the district court for a determination based on the contents of the administrative hearing record and any further evidence that may be produced at trial. Except as otherwise provided in 40-5-231 through 40-5-237, proceedings in the district court must be conducted pursuant to Title 40, chapter 6, part 1.

(2) The administrative record must include:

(a) a copy of the notice of parental responsibility and the return of service of the notice;

(b) the alleged father's written denial of paternity, if any;

(c) the transcript of the administrative hearing;

(d) the paternity blood test results and any report of an expert based on the results; and

(e) any other relevant information.

(3) Upon filing of the record with the district court, the court acquires jurisdiction over the parties as if they had been served with a summons and complaint. The department shall serve written notice upon the alleged father, as provided in 40-5-231(2), that the issue of paternity has been referred to the district court for determination.

(4) In a proceeding in the district court, the department shall appear on the issue of paternity only. The court may not appoint a guardian ad litem for the child unless the court in its discretion determines that an appointment is necessary and in the best interest of the child. Neither the mother nor the child is a necessary party, but either may testify as a witness.

(5) No other matter may be joined with an action to determine the existence or nonexistence of the parent and child relationship under this section. The parties shall institute an independent action to address other issues, including visitation and custody.

(6) Except as provided in 25-10-711, the department is not liable for attorney fees, including fees for attorneys assigned under 40-6-119, or fees of a guardian ad litem appointed under 40-6-110.

Official Annotations archive.org, 2011 edition
History:
En. Sec. 7, Ch. 119, L. 1989
Amd. Sec. 4, Ch. 70, L. 1995
Amd. Sec. 8, Ch. 482, L. 1997
Amd. Sec. 50, Ch. 552, L. 1997
Amd. Sec. 27, Ch. 449, L. 2005 (SB 146 - McGee, Dan (R) SD 29)
Source text on leg.mt.gov