78B-14-401 - Petition to establish support order.
78B-14-401. Petition to establish support order.
(1) If a support order entitled to recognition under this chapter has not been issued, aresponding 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 thatan 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 andthe order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty ofsupport, the tribunal shall issue a support order directed to the obligor and may issue other orderspursuant to Section 78B-14-305.
Renumbered and Amended by Chapter 3, 2008 General Session