Establishment of support order

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  1. (a) 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:

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

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

  2. (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. (1) a presumed father of the child;

    2. (2) petitioning to have his paternity adjudicated;

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

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

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

    6. (6) an acknowledged father as provided by § 9-10-120;

    7. (7) the mother of the child; or

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

  3. (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 § 9-17-305.


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