West Virginia § 48-16-401 PETITION TO ESTABLISH SUPPORT ORDER

West Virginia Statutes

§ 48-16-401 — PETITION TO ESTABLISH SUPPORT ORDER

West Virginia·Ch. 48 DOMESTIC RELATIONS·Art. 16 UNIFORM INTERSTATE FAMILY SUPPORT ACT

(a)If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1)The individual seeking the order resides outside this state; or

(2)The support enforcement agency seeking the order is located outside this state.

(b)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:

(1)A presumed father of the child;

(2)Petitioning to have his paternity adjudicated;

(3)Identified as the father of the child through genetic testing;

(4)An alleged father who has declined to submit to genetic testing;

(5)Shown by clear and convincing evidence to be the father of

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(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) The individual seeking the order resides outside this state; or

(2) The support enforcement agency seeking the order is located outside this state.

(b) 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:

(1) A presumed father of the child;

(2) Petitioning to have his paternity adjudicated;

(3) Identified as the father of the child through genetic testing;

(4) An alleged father who has declined to submit to genetic testing;

(5) Shown by clear and convincing evidence to be the father of the child;

(6) An acknowledged father as provided by applicable state law;

(7) The mother of the child; or

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) 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 16-305 [§48-16-305].

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