ESTABLISHMENT OF PATERNITY

CS 319P Issuing Temporary Child Support Orders in Paternity Cases

01/99 Revised 08/12/08 Training Completed 04/28/05

UCA 62A-11-304.2; 78B-15-505(1); 78B-15-616

 

Per Utah Code Annotated 78B-15-616:

 

(1) In a proceeding under this part, the tribunal shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:

     (a) a presumed father of the child;
     (b) petitioning to have his paternity adjudicated;
     (c) identified as the father through genetic testing under Section
78B-15-505;
     (d) an alleged father who has failed to submit to genetic testing;
     (e) shown by clear and convincing evidence to be the father of the child; or
     (f) the mother of the child.”

Per UCA 62A-11-304.2 (1) and (1)(c):

 

(1) Through an adjudicative proceeding the office may issue or modify an administrative order that:” . . .
“(c) determines temporary orders of child support upon clear and convincing evidence of paternity in the form of genetic test results or other evidence;”

 

Per UCA 78B-15-505(1):

 

(1) Under this chapter, a man is presumed to be identified as the father of a child if the genetic testing complies with this part and the results disclose that:
     (a) the man has at least a 99% probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and
     (b) a combined paternity index of at least 100 to 1.”

If you have clear and convincing evidence of paternity (genetic tests resulting in a paternity index of 100 or higher) and the alleged father is contesting the test results, attempt to obtain a temporary order for child support.  The temporary order will only address current child support and arrears.  A final order taken at a later date will address paternity and other issues.

 

Exceptions:  Do not issue a temporary order if the alleged father has been court-ordered to enter an in-patient licensed mental health or substance abuse treatment program, is an identical twin, or if he is also contesting the child support amounts.

 

Procedures

 

If you have not already referred the case to the Attorney General’s Office (AGO) for a judicial paternity action, attempt to establish an “Order:  Temporary Child Support” if genetic testing results in a paternity index of 100 or higher and the alleged father is contesting paternity establishment.  

 

After taking an administrative temporary order, refer the case to the AGO for judicial action to obtain a final order that will address paternity, health insurance, genetic testing costs, new arrears that have accrued after the “Order:  Temporary Child Support” was issued, etc.

 

Complete the steps listed below after you take a temporary administrative order.

 

1.                  Enter the obligation and debts on ORSIS.  

 

2.                  Create a temporary case file folder for the post-order team and place a copy of the temporary administrative order in the file.

 

3.                  Send the temporary file to the post-order function worker assigned by ORSIS.  After the temporary order is issued, the post-order worker will begin enforcement of the obligation.

 

4.                  Refer the case to the AGO to have paternity established judicially and a final child support order issued.  Include genetic testing costs and any new arrears in the referral, if appropriate.

 

Judicial Process

 

If a case is already being handled judicially and there is clear and convincing evidence of paternity, such as genetic tests resulting in a paternity index of 100 or higher in the case, and the alleged father is contesting paternity establishment, request that the AGO obtain a temporary judicial child support order pending the judicial action to resolve the paternity and other issues.  The AGO may also determine that it is appropriate to pursue a judicial temporary order under the other circumstances listed in UCA 78B-15-616.

 

Complete the steps listed below after a temporary judicial order has been issued.

 

1.                  Enter the obligation and debts on ORSIS. 

 

2.                  Create a temporary case file folder for the post-order team and place a copy of the temporary judicial order in the file.

 

3.                  Send the temporary file to the post-order function worker assigned by ORSIS.  After the temporary order is issued, the post-order worker will begin enforcement of the obligation.

 

4.                  Continue to monitor the progress of the case at the AG’s office.

 

Final Order

 

When the final judicial order is received, take the steps listed below.

 

1.                  Update ORSIS to indicate that paternity was established judicially.

 

2.                  Add the new obligation to ORSIS. 

 

3.                  End the current support debt on the temporary obligation.

 

4.                  Send the file and the final order to the post-order team to be combined with the temporary file.