§ 580-401 — Establishment of support order

New York § 580-401

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Establishment of Support Order or Determination of Parentage
• Art. 5-B: Uniform Interstate Family Support Act

Text

§ 580-401. Establishment of support order. (a) If a support order\nentitled to recognition under this article has not been issued, a\nresponding tribunal of this state with personal jurisdiction over the\nparties may issue a support order if:\n (1) the individual seeking the order resides outside this state; or\n (2) the support enforcement agency seeking the order is located\noutside this state.\n (b) The tribunal may issue a temporary child support order if the\ntribunal determines that such an order is appropriate and the individual\nordered to pay is:\n (1) a presumed father of the child;\n (2) petitioning to have his paternity adjudicated;\n (3) identified as the father of the child through genetic testing;\n (4) an alleged father who has declined to submit to genetic testing;\n (5) shown by clear and convincing evidence to be the father of the\nchild;\n (6) an acknowledged father as provided by applicable state law;\n (7) the mother of the child; or\n (8) an individual who has been ordered to pay child support in a\nprevious proceeding and the order has not been reversed or vacated.\n (c) Upon finding, after notice and opportunity to be heard, that an\nobligor owes a duty of support, the tribunal shall issue a support order\ndirected to the obligor and may issue other orders pursuant to section\n580-305 of this article.\n