§576B-401 - Petition to establish support order. - Hawaii Statutes

ARTICLE 4.  ESTABLISHMENT OF SUPPORT ORDER

 

     [§576B-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:

     (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 576B-305. [L 1997, c 295, pt of §1]

 

Case Notes

 

  If a support order does not already exist pursuant to subsection (a), the provisions of subsection (b) allow the responding tribunal of this State to order the respondent to pay temporary child support if there is sufficient indication, as defined by the statute, that the respondent is indeed the child's parent; thus, the prepetition support awarded by the court was well within the powers afforded the court by this chapter.  96 H. 373 (App.), 31 P.3d 230.