SECTION 4-401. Establishment of support order  


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  • Section 4–401. Establishment of support order.

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

    (1) the individual seeking the order resides outside the commonwealth; or

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

    (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 chapter 209C;

    (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 3–305.