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Current through October 23, 2012
(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of the District may issue a support order if:
(1) The individual seeking the order resides in another state; or
(2) The support enforcement agency seeking the order is located in another 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 §§ 16-909. 01 to 16.909.03 and 16- 909.05;
(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 an 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 § 46-303.05 .
(Feb. 9, 1996, D.C. Law 11-81, § 401, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(d), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-344.1.
Effect of Amendments
D.C. Law 16-137, in subsec. (c), deleted "(duties and powers of responding tribunal)" following "§ 46-303.05"; and rewrote subsec. (b), which had read as follows:
"(b) The tribunal may issue a temporary child support order if:
"(1) The respondent has signed a verified statement acknowledging parentage;
"(2) The respondent has been determined by, or pursuant to, law to be the parent; or
"(3) There is other clear and convincing evidence that the respondent is the child's parent."
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 401 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
