Utah Code 78B-14-401. 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:
Terms Used In Utah Code 78B-14-401
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Utah Code 78B-14-102
- Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Utah Code 78B-14-102
- 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.
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- 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.
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Obligor: means an individual who, or the estate of a decedent that:(17)(a) owes or is alleged to owe a duty of support;(17)(b) is alleged but has not been adjudicated to be a parent of a child;(17)(c) is liable under a support order; or(17)(d) is a debtor in a proceeding under Part 7, Support Proceedings Under Convention. See Utah Code 78B-14-102
- Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Utah Code 78B-14-102
- Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Utah Code 78B-14-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-14-102
- Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
(27)(a) seek enforcement of support orders or laws relating to the duty of support;(27)(b) seek establishment or modification of child support;(27)(c) request determination of parentage of a child;(27)(d) attempt to locate obligors or their assets; or(27)(e) request determination of the controlling child support order. See Utah Code 78B-14-102- Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Utah Code 78B-14-102
- Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
(1)(a) the individual seeking the order resides outside this state; or(1)(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 an order is appropriate and the individual ordered to pay is:(2)(a) a presumed father of the child;(2)(b) petitioning to have his paternity adjudicated;(2)(c) identified as the father of the child through genetic testing;(2)(d) an alleged father who has declined to submit to genetic testing;(2)(e) shown by clear and convincing evidence to be the father of the child;(2)(f) an acknowledged father determined in accordance with Title 78B, Chapter 15, Part 3, Voluntary Declaration of Paternity Act;(2)(g) the mother of the child; or(2)(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 pursuant to Section 78B-14-305.