TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 10

UNIFORM INTERSTATE FAMILY SUPPORT ACT

7-1035.   establishment of support order. (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 support enforcement agency seeking the order is located outside this state.

(2)  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:

(a)  A presumed father of the child;

(b)  Petitioning to have his paternity 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)  An acknowledged father as provided by section 7-1106, Idaho Code;

(g)  The 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 pursuant to section 7-1020, Idaho Code.

History:

[(7-1035) 7-1032, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 35, p. 780; am. 2015, 1st E.S., ch. 1, sec. 27, p. 19.]