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2011 SESSION

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HB 1585 Child support; court shall make a determination and enter an order containing such determination.

Introduced by: Terry G. Kilgore | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Determinations of child support.  Provides that a court shall make a determination of child support and enter an order to that effect at the initial court date on any initial petition for support, provided that the court has sufficient evidence to make such a determination, if the petitioner demonstrates that he (i) has physical custody of the child for whom support is being sought and (ii) has personally served the respondent with the petition or the respondent appears in person at the initial hearing. The bill also provides that the court may, however, enter a temporary support order if it makes a written finding that continuation of the matter is proper. If the respondent contests paternity and the court cannot establish paternity at the initial hearing, the case shall be continued without the entry of a temporary support order.

SUMMARY AS INTRODUCED:

Determinations of child support. Provides that a court shall make a determination of child support on the date it first receives evidence on the matter if the petitioner demonstrates that he (i) has physical custody of the child for whom support is being sought and (ii) has properly served the respondent with the petition where child support is contested. The court shall also enter an order containing such determination on such date. Such order shall be entered as a temporary order without prejudice to a party to the proceeding only if (a) the court makes a written finding that continuation of the matter is proper or (b) the petitioner fails to make a demonstration required by clause (i) or (ii) described above.