2017 Massachusetts General Laws
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE III DOMESTIC RELATIONS
Chapter 209D UNIFORM INTERSTATE FAMILY SUPPORT ACT
Article 4 ESTABLISHMENT OF SUPPORT ORDER.
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.