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 either:

Terms Used In Arizona Laws 25-1271

  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Arizona Laws 25-1202
  • Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Arizona Laws 25-1202
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligor: means an individual or the estate of a decedent that meets any of the following conditions:

    (a) Owes or is alleged to owe a duty of support. See Arizona Laws 25-1202

  • Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Arizona Laws 25-1202
  • Responding tribunal: means the authorized tribunal in a responding state or a foreign country. See Arizona Laws 25-1202
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1202
  • Support enforcement agency: means a public official, governmental entity or private agency authorized to do any of the following:

    (a) Seek the enforcement of support orders or laws relating to the duty of support. See Arizona Laws 25-1202

  • Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Arizona Laws 25-1202
  • Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202

1. The individual seeking the order resides outside this state.

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 pursuant to section 36-334.

7. The mother of the child.

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. On finding, after notice and an 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 25-1245.

 

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