North Dakota Code 14-12.2-32 – (401) Petition to establish 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:
Terms Used In North Dakota Code 14-12.2-32
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- 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: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
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 chapter 14-20; 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 under section 14-12.2-17.