516

In addition to the provisions of §§ 514, 515, and 517(2) of this title, the examiner shall recommend the fixing of a provisional support pension when, by petition of any of the parties, or for any other reason, the hearing is postponed, information or evidence is lacking, the case is referred to a judge or transferred to another part or section of the court, or when the needs of the person entitled to support are so urgent that it is thus required, except in the cases in which the paternity of the person entitled to support is in controversy. However, even in the cases in which the paternity of the person entitled to support is in controversy, if there is clear, convincing and admissible evidence of the paternity, based on a genetic proof of paternity a provisional support order shall be issued. The provisional pension shall remain in effect until the judge issues a new ruling or a resolution. The provisional pension shall be retroactive to the time that it was judicially requested. History —Dec. 30, 1986, No. 5, p. 887, art. V, § 17; Dec. 18, 1997, No. 169, § 13; Jan. 3, 2002, No. 1, § 1; Aug. 1, 2003, No. 178, § 20.