TITLE 13

Domestic Relations

CHAPTER 6. Uniform Interstate Family Support Act

Subchapter IV. Establishment of Support Order or Determination of Parentage

§ 6-401. Establishment of support order.

(a) If a support order entitled to recognition under this chapter 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 the individual’s own 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, §  171 Del. Laws, c. 216, §  14075 Del. Laws, c. 64, §  180 Del. Laws, c. 60, §  484 Del. Laws, c. 42, § 1

§ 6-402. Proceeding to determine parentage.

A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

80 Del. Laws, c. 60, §  4