§576D-3  Obtaining or enforcing child
support.  (a)  The agency shall undertake any legal or administrative
action to secure support for a child by enforcing an existing court order or
obtaining a court order of support.



(b)  To carry out its responsibilities imposed
under this chapter, the agency, through the offices of the corporation counsel,
the county attorneys, or the attorney general, may commence or appear in any
proceeding before any court or administrative agency for the purpose of
establishing paternity for children born out of wedlock or for the purpose of
obtaining, enforcing, or modifying an order of support on behalf of any
dependent or any other person for whom the agency has a duty to obtain or
enforce an order for support under this chapter.  The agency may commence or
appear in any action on its own behalf, on behalf of any dependent child or
custodial parent, or on behalf of any other person for whom the agency has a
duty to obtain or enforce an order of support under this chapter.  The agency
shall obtain or enforce a child support order for the following children:



(1)  A child on whose behalf public assistance
payments have been or are being made;



(2)  A child on whose behalf foster care payments have
been or are being made under Title IV-E; or



(3)  Any other child, if a parent, guardian, or person
having custody applies to the agency for assistance in obtaining or enforcing a
child support order with respect to the child, regardless of whether public
assistance payments have been made on the child's behalf. [L 1986, c 332, pt of
§2; am L 1988, c 200, §4; am L 1994, c 24, §1; am L 1996, c 178, §1; am L 2005,
c 26, §1]



 



Case Notes



 



  Child support enforcement agency was authorized, under
§584-6(a), §576D-4, and this section, to bring action to establish paternity of
a child, "born out of wedlock" for purposes of subsection (b), where
mother, though married to husband at time child was born, alleged that
appellant, and not husband, was child's natural father.  88 H. 159 (App.), 963
P.2d 1135.