Section 4-401 - Establishment of Support Order

MA Gen L ch 4 § 4-401 (2019) (N/A)

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Section 4–401. Establishment of support order.

(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of the commonwealth with personal jurisdiction over the parties may issue a support order if:

(1) the individual seeking the order resides outside the commonwealth; or

(2) the support enforcement agency seeking the order is located outside the commonwealth.

(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 209C;

(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 section 3–305.

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Section 4-402 - Proceeding to Determine Parentage

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