Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 5. ENFORCEMENT OF SUPPORT · Part 1. Uniform Interstate Family Support Act (Renumbered and Repealed)
Montana Code Annotated

Mont. Code Ann. § 40-5-128 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 5
  4. Part 1
  5. 40-5-128 Repealed

TITLE 40. FAMILY LAW

CHAPTER 5. ENFORCEMENT OF SUPPORT

Part 1. Uniform Interstate Family Support Act (Renumbered and Repealed)

Repealed

40-5-128. Repealed. Sec. 58, Ch. 328, L. 1993.

History: En. Sec. 27, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-67.

Notes of Decisions
Cited in 3 cases, 1979–1988 · leading case: State Ex Rel. Dewyea v. Knapp, 674 P.2d 1104 (Mont. 1984).
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State Ex Rel. Dewyea v. Knapp, 674 P.2d 1104 (Mont. 1984). · cites it 6× “Violation of visitation rights of the noncustodial party play no part in a URESA action because Section 40-5-128, MCA, specifically precludes the use of such defenses.”
Borchers v. McCarter, 592 P.2d 941 (Mont. 1979). · cites it 6× “1947, now section 40-5-128 MCA, provides: “If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both of the parties are present at the hearing or the proof…”
Sherburne Cnty. Soc. Sevices Ex Rel. Pouliot v. Kennedy, 426 N.W.2d 866 (Minn. 1988). “18 (1986); Mont.Code Ann. § 40-5-128 (1987). This court has indicated a preference for a URESA proceeding in cases where jurisdiction is challenged.”
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