ESTABLISHMENT OF PARENTAGE
CS
319P Issuing Temporary Child Support Orders in Parentage Cases
01/99 Revised 09/02/25 Training Completed 09/16/25 Last Reviewed 09/30/25
Utah Code 26B-9-206, 81-5-505, 81-5-616
Statutory Authority
Utah Code 81-5-616:
“(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 be adjudicated a
parent;
(c) identified as the father through
genetic testing under Section 81-5-505;
(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 birth mother of the child.”
Utah Code 26B-9-206:
“(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 parentage in the form of
genetic test results or other evidence. . . .”
Utah Code 81-5-505:
“(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 parentage, using a prior probability of 0.50, as calculated by
using the combined parentage index obtained in the testing; and
(b) a combined parentage index of at
least 100 to 1.”
If you have not already referred the case to the Attorney General’s
Office (AGO) for a judicial parentage action, attempt to establish an “Order: Temporary
Child Support” form if genetic testing results in a parentage index of 100 to 1
or higher and the alleged father is contesting parentage establishment. The
temporary order will only address current child support and arrears. A final
order taken at a later date will address parentage 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.
After taking an administrative temporary order, refer the case to
the AGO for judicial action to obtain a final order that will address parentage,
health insurance, genetic testing costs, new arrears that have accrued after
the “Order: Temporary Child Support” form was issued, etc.
Complete the steps listed below after you take a temporary
administrative order.
1.
Issue the “Order: Temporary Child Support”
form.
2.
Prepare the administrative order packet for
imaging and docketing. Attach
any documents and a copy of the ORS Imaging Header Sheet with a black clip.
3.
Forward the packet to be imaged as Docketing.
4.
Central Docketing Unit (CDU) will review and
approve the imaged administrative
order packet per CS 381P
Registration of Administrative Orders with the State Case Registry and
Docketing of Administrative Orders.
NOTE: The approved order will be available in Content Manager
within one business day.
5.
After the order has been approved by CDU and
attributed into the Content Manager case file, send a copy of the
administrative order to both parents (and to the other state on an interstate
case). This must be completed within 14 days of the order being issued.
6.
Add the obligation and debts to ORSIS.
7.
After the temporary order is issued and added
to ORSIS, the post-order worker will begin enforcement of the obligation.
8.
Refer the case to the AGO to have parentage 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 parentage, such as genetic tests resulting in a parentage
index of at least 100 to 1 or higher in the case, and the alleged father is
contesting parentage establishment, request that the assigned Assistant
Attorney General (AAG) obtain a temporary judicial child support order pending
the judicial action to resolve the parentage and other issues. The assigned AAG
may also determine that it is appropriate to pursue a judicial temporary order
under the other circumstances listed in Utah Code 81-5-616 (see above).
Complete the steps listed below after a temporary judicial order
has been issued.
1.
Add the obligation and debts on ORSIS.
2. When the temporary judicial order is issued, the assigned AAG will forward any documentation to you that needs to be imaged.
3. 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 AGO.
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.
When the AGO action is completed, the assigned AAG will forward
any documentation to you that needs to be imaged.