In re the Support Obligation of Mark T. McGurran

Summary

The Montana Supreme Court reviewed the dismissal of a petition for judicial review concerning a child-support modification order. The Court held that the petitioner’s reliance on notice suggesting Montana Administrative Procedure Act service procedures provided sufficient service and that dismissal for failure to comply with the more stringent statutory service requirements violated due process. The Court reversed and remanded for further proceedings.

Holdings

1. When CSED's notice reasonably suggests that a petition for judicial review may be served under MAPA procedures, enforcing the more stringent personal-service requirements of § 40-5-253(4), MCA, against a party who relied on that notice violates due process. Udelhoven's mailing of the petition to McGurran's attorney was sufficient service under the applicable MAPA procedures, and the district court erred by dismissing the petition.
2. The untimeliness of a request for arbitration may support affirmance of the denial of arbitration, but it is not jurisdictional for purposes of seeking judicial review in district court when the petition for judicial review itself was timely filed.

Questions Presented

1. Whether dismissal of Udelhoven's petition for judicial review for failure to comply with the personal-service requirements of § 40-5-253(4), MCA, violated due process when CSED's notice indicated that MAPA service procedures applied.
2. Whether the untimeliness of Udelhoven's request for arbitration deprived the district court of subject matter jurisdiction over her petition for judicial review.

Disposition

reversed_and_remanded