25-9C-401. Establishment of support order.

216 words·~1 min read·/sd/title-25/chapter-25-9/25-9c-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If a support order entitled to recognition pursuant to this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1)The individual seeking the order resides outside this state; or

(2)The support enforcement agency seeking the order is located outside this state.

(b)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:

(1)A presumed father of the child;

(2)Petitioning to have his paternity adjudicated;

(3)Identified as the father of the child through genetic testing;

(4)An alleged father who has declined to submit to genetic testing;

(5)Shown by clear and convincing evidence to be the father of the child;

(6)An acknowledged father as provided by applicable state law;

(7)The mother of the child; or

(8)An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c)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 § 25-9C-305 .