{"code":"FAM","codeName":"Family Code","section":"5700.401","citation":"Fam. Code, § 5700.401","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 9. SUPPORT [3500. - 5700.905.]","url":"https://blackletter.si/family-code/division-9"},{"name":"PART 6. Uniform Interstate Family Support Act [5700.101. - 5700.905.]","url":"https://blackletter.si/family-code/division-9/part-6"},{"name":"CHAPTER 4. Establishment of Support Order or Determination of Parentage [5700.401. - 5700.402.]","url":"https://blackletter.si/family-code/division-9/part-6/chapter-4"}],"history":"Added by Stats. 2015, Ch. 493, Sec. 5.   (SB 646)   Effective January 1, 2016.","effective":"2016-01-01","html":"<p>(a) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:</p><p>(1) the individual seeking the order resides outside this state; or</p><p>(2) the support enforcement agency seeking the order is located outside this state.</p><p>(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:</p><p>(1) a presumed father of the child;</p><p>(2) petitioning to have his paternity adjudicated;</p><p>(3) identified as the father of the child through genetic testing;</p><p>(4) an alleged father who has declined to submit to genetic testing;</p><p>(5) shown by clear and convincing evidence to be the father of the child;</p><p>(6) an acknowledged father as provided by applicable state law;</p><p>(7) the mother of the child; or</p><p>(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.</p><p>(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 Section <a href=\"/fam/5700.305\">5700.305</a>.</p>","text":"(a) If a support order entitled to recognition under this part 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 directed to the obligor and may issue other orders pursuant to Section 5700.305.","otherVersions":[],"url":"https://blackletter.si/family-code/establishment-of-support-order-or-determination-of-parentage-5700-401","source":"California Legislative Information bulk export (pubinfo)"}