Statute · California Family Code

Cal. Fam. Code § 5700.401 — Establishment of Support Order or Determination of Parentage

Cal. Fam. Code § 5700.401

Type: Statute
Source: California Family Code
Jurisdiction: California
Date: 2016-01-01
Current through: Nov 2, 2026 (California Legislative Counsel)

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

Citator

Cal. Fam. Code § 5700.401 — Establishment of Support Order or Determination of Parentage is in force in the current edition of the Code, and nothing recorded condemns it.

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

(1) the individual seeking the order resides outside this state; or

(2) the support enforcement agency seeking the order is located outside this 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 applicable state law;

(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 5700.305.