Subchapter IV. Establishment of Support Order - Delaware Statutes

TITLE 13

Domestic Relations

CHAPTER 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT

Subchapter IV. Establishment of Support Order

§ 6-401. Petition to establish support order.

(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this State 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 Chapter 8 of this title;

(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 § 6-305 of this title.

69 Del. Laws, c. 238, § 1; 71 Del. Laws, c. 216, § 140; 75 Del. Laws, c. 64, § 1.;