Delaware Code Title 13 Sec. 6-401 – Establishment of support order
(a) 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:
(1) The individual seeking the order resides outside this State; or
(2) The support enforcement agency seeking the order is located outside this State.
Terms Used In Delaware Code Title 13 Sec. 6-401
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(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 Chapter 8 of this title;
(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 § 6-305 of this title.
69 Del. Laws, c. 238, § ?1; 71 Del. Laws, c. 216, § ?140; 75 Del. Laws, c. 64, § ?1; 80 Del. Laws, c. 60, § ?4;