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2011 Florida Statutes

F.S. 88.4011
188.4011 Petition to establish support order.
(1) If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state may issue a support order if:
(a) The individual seeking the order resides in another state; or
(b) The support enforcement agency seeking the order is located in another state.
(2) The tribunal may issue a temporary child support order if:
(a) The respondent has signed a verified statement acknowledging parentage;
(b) The respondent has been determined by or pursuant to law to be the parent; or
(c) There is other clear and convincing evidence that the respondent is the child’s parent.
(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 s. 88.3051.
History.s. 4, ch. 96-189; s. 33, ch. 2011-92.
1Note.Section 81, ch. 2011-92, provides that “[e]xcept as otherwise expressly provided in this act, this act shall take effect upon the earlier of 90 days following Congress amending 42 U.S.C. s. 666(f) to allow or require states to adopt the 2008 version of the Uniform Interstate Family Support Act, or 90 days following the state obtaining a waiver of its state plan requirement under Title IV-D of the Social Security Act.” Section 33, ch. 2011-92, amended s. 88.4011, to read:

88.4011 Establishment of support order.

(1) 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:

(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) A 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 in s. 382.013, s. 382.016, or s. 742.10;

(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 s. 88.3051.