(1) 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:
- (a) the individual seeking the order resides outside this state; or
- (b) the child support services agency seeking the order is located outside this state.
(2) The tribunal may issue a temporary child support order if the tribunal determines that an order is appropriate and the individual ordered to pay is:
- (a) a presumed father of the child;
- (b) petitioning to have the individual's parentage 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) a declarant father, as defined in Section 81-5-102, determined in accordance with Chapter 5, Part 3, Voluntary Declaration of Paternity;
- (g) the birth mother of the child; or
- (h) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
- (3) 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 in accordance with Section 81-8-305.
Renumbered and Amended by Chapter 426, 2025 General Session