Legislation
SECTION 580-401
Establishment of support order
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 4
§ 580-401. Establishment of support order. (a) If a support order
entitled to recognition under this article 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 section
580-305 of this article.
entitled to recognition under this article 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 section
580-305 of this article.