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Section 26-17-14

Orders — Determinative for all purposes; provision for support; statement of jurisdiction in case of out-of-state service; new birth certificate; other provisions; how support to be paid; amount of support; proof required for support order.

(a) The order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes. Upon paternity being established, the court shall immediately determine support payments at the conclusion of the paternity hearing and make support payment determination a part of the order establishing paternity.

(b) The order of the court shall include a statement of fact of jurisdiction being acquired in situations of service obtained by out-of-state personal service or service obtained by out-of-state certified mail with proof of return receipt.

(c) If the order of the court is at variance with the child's birth certificate, the court shall order that a new birth certificate be issued pursuant to the provisions of Section 26-17-19.

(d) The order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody of the child or the furnishing of bond or other security for payment under the order. The order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.

(e) Support orders ordinarily shall be for periodic payments which may vary in amount. Support orders may be in a lump sum amount if awarded against the appropriate party as a judgment representing an accrued arrearage or reimbursement to the agency providing support.

(f) In determining the amount to be paid by the parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider the needs of the child and the ability of the parents to support.

(g) Proof that a person owes a duty of support and has not contributed reasonably to support his child or proof of the award of public assistance on behalf of his child shall constitute sufficient basis for entry of an order of support.

(Acts 1984, No. 84-244, p. 375, §14.)



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