{"jurisdiction": "us-ny", "code": "fca", "section": "580-401", "citation": "FCA § 580-401", "heading": "Establishment of support order", "text": ["§ 580-401. Establishment of support order. (a) If a support order entitled to recognition under this article 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 580-305 of this article."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/580-401", "from_official_api": true, "plain_english": "- **(a)** If no recognized order exists, a NY responding tribunal with personal jurisdiction **may issue** a support order where the individual seeking it, or the agency seeking it, is **outside NY.**\n- **(b)** It may issue a **temporary child support order** if the person to pay is: a **presumed father**; petitioning to adjudicate paternity; identified as father by **genetic testing**; an alleged father who **declined genetic testing**; shown by **clear and convincing evidence** to be the father; an **acknowledged father**; the **mother**; or someone **previously ordered** to pay (not reversed/vacated). ★\n- **(c)** After notice and a hearing finding a duty of support, the tribunal **issues a support order** and may issue other § 580-305 orders.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/580-401", "publisher": "Elyphived LLC"}