ARTICLE
4.  ESTABLISHMENT OF SUPPORT ORDER



 



[§576B-401]  Petition to establish support
order.  (a)  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:



(1)  The individual seeking the order resides in
another state; or



(2)  The support enforcement agency seeking the order
is located in another state.



(b)  The tribunal may issue a temporary child
support order if:



(1)  The respondent has signed a verified statement
acknowledging parentage;



(2)  The respondent has been determined by or pursuant
to law to be the parent; or



(3)  There is other clear and convincing evidence that
the respondent is the child's parent.



(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 576B-305. [L 1997, c 295, pt of §1]



 



Case Notes



 



  If a support order does not already exist pursuant to
subsection (a), the provisions of subsection (b) allow the responding tribunal
of this State to order the respondent to pay temporary child support if there
is sufficient indication, as defined by the statute, that the respondent is
indeed the child's parent; thus, the prepetition support awarded by the court
was well within the powers afforded the court by this chapter.  96 H. 373
(App.), 31 P.3d 230.