Iowa Code 252K.401 – Establishment of support order
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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 any of the following applies:
a. The individual seeking the order resides outside this state.
b. The support enforcement agency seeking the order is located outside this state.
Terms Used In Iowa Code 252K.401
- Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
- 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.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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, and the words "United States" may include the said district and territories. See Iowa Code 4.1
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 any of the following:
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 252A.3A.
g. The mother of the child.
h. An individual who has been ordered to pay child support in a previous proceeding and the order has 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 252K.305.