25-9C-401. Establishment of support order.(a) If a support order entitled to recognition pursuant to this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:(1)The individual seeking the order resides outside this state; or(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 by applicable state law;(7)The mother of the child; or(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) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order proceeding and the order has not been reversed or vacated.(c) 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 §25-9C-305. Source: SL 2015, ch 148, §401.
South Dakota Legal Code