Section 23-36,401 – Establishment of support order

May 13, 2021 | Family Law, Kansas

(a) If a support order entitled to recognition under this act 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 K.S.A. 2020 Supp. 23-2201 et seq., and amendments thereto;
(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 K.S.A. 2020 Supp. 23-36,305, and amendments thereto.

K.S.A. 23-36,401

Amended by L. 2015, ch. 64,§ 33, eff. 7/1/2015.
L. 1994, ch. 301, § 63; L. 1997, ch. 182, § 44; July 3.