40-5-1042. Establishment of support order. (1) 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:
     (a) the individual seeking the order resides outside this state; or
     (b) the support enforcement agency seeking the order is located outside this state.
     (2) 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:
     (a) the presumed father of the child;
     (b) petitioning to have his paternity adjudicated;
     (c) identified as the father of the child through genetic testing;
     (d) an alleged father who has declined to submit to genetic testing;
     (e) shown by clear and convincing evidence to be the father of the child;
     (f) an acknowledged father as provided by applicable state law;
     (g) the mother of the child; or
     (h) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
     (3) 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 40-5-1025.

     History: En. Sec. 33, Ch. 328, L. 1993; amd. Sec. 50, Ch. 174, L. 2015; Sec. 40-5-179, MCA 2013; redes. 40-5-1042 by Sec. 71, Ch. 174, L. 2015.