81-8-401. Establishment of support order.

247 words·~1 min read·/ut/title-81/chapter-8/81-8-401

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

Effective 9/1/2025

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

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

(b)the child support services agency seeking the order is located outside this state.

(2)The tribunal may issue a temporary child support order if the tribunal determines that an order is appropriate and the individual ordered to pay is:

(a)a presumed father of the child;

(b)petitioning to have the individual's parentage adjudicated;

(c)identified as the father of the child through genetic testing;

(d)an alleged father who has declined to submit to genetic testing;

(e)shown by clear and convincing evidence to be the father of the child;

(f)a declarant father, as defined in Section 81-5-102 , determined in accordance with Chapter 5, Part 3, Voluntary Declaration of Paternity;

(g)the birth mother of the child; or

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

(3)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 in accordance with Section 81-8-305 .

Renumbered and Amended by Chapter 426 , 2025 General Session