Current through the 2024 Regular Session
Section 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.[(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.]Amended by 2015EX1 Session Laws, ch. 1,sec. 27, eff. 5/19/2015.