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The 189th General Court of the Commonwealth of Massachusetts

Section 4-401: Petition to establish support order

[ Text of section effective until March 31, 2016. For text effective March 31, 2016, see below.]

  Section 4-401. Petition to establish support order.

  (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of the commonwealth 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:

  (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.

  (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 (Duties and Powers of Responding Tribunal).

Chapter 209D: Section 4-401. Establishment of support order

[ Text of section as recodified by 2016, 53, Sec. 1 effective March 31, 2016 applicable as provided by 2016, 53, Sec. 2. See 2016, 53, Sec. 3. For text effective until March 31, 2016, see above.]

  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.