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Judicial Code | |
Uniform Interstate Family Support Act | |
Section 401 | Petition to establish support order. |
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78B-14-401 (Superseded 07/01/13). Petition to establish support order. (1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if: (a) the individual seeking the order resides in another state; or (b) the support-enforcement agency seeking the order is located in another 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 his paternity 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) an acknowledged father determined in accordance with Title 78B, Chapter 15, Part 3, Voluntary Declaration of Paternity Act; (g) the 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 pursuant to Section 78B-14-305.
Renumbered and Amended by Chapter 3, 2008 General Session |
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