40-6-116. Judgment or order. (1) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.
     (2) If the judgment or order of the court is at variance with the child's birth certificate, the court shall order that a substitute birth certificate be issued under 40-6-123.
     (3) (a) The judgment or order may contain any other provision directed against the appropriate party to the proceeding concerning the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.
     (b) Except when the financial responsibility of a responsible parent is in the process of being determined pursuant to the administrative procedure provided in 40-5-225, the judgment or order must contain a provision concerning the duty of child support.
     (c) The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.
     (4) (a) Support judgments or orders ordinarily must be for periodic payments, which may vary in amount.
     (b) In the best interest of the child, a lump-sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support.
     (c) The court may limit the father's liability for past support of the child to the proportion of the expenses already incurred that the court considers just.
     (5) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider all relevant facts, including:
     (a) the needs of the child, including medical needs;
     (b) the standard of living and circumstances of the parents;
     (c) the relative financial means of the parents;
     (d) the earning ability of the parents;
     (e) the need and capacity of the child for education, including higher education;
     (f) the age of the child;
     (g) the financial resources and the earning ability of the child;
     (h) the responsibility of the parents for the support of others;
     (i) the value of services contributed by the custodial parent;
     (j) the cost of day care for the child; and
     (k) any custody arrangement that is ordered or decided upon.
     (6) (a) Whenever a court issues or modifies an order concerning child support, the court shall determine the child support obligation by applying the standards in this section and the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209. The guidelines must be used in all cases, including cases in which the order is entered upon the default of a party and those in which the parties have entered into an agreement regarding the support amount. A verified representation of a defaulting parent's income, based on the best information available, may be used when a parent fails to provide financial information for use in applying the guidelines. The amount determined under the guidelines is presumed to be an adequate and reasonable support award, unless the court finds by clear and convincing evidence that the application of the standards and guidelines is unjust to the child or to any of the parties or is inappropriate in that particular case.
     (b) If the court finds that the guideline amount is unjust or inappropriate in a particular case, it shall state its reasons for finding that the application of the standards and guidelines is unjust to the child or a party or is inappropriate in that particular case. Similar reasons must also be stated in a case in which the parties have agreed to a support amount that varies from the guideline amount. Findings that rebut and vary the guideline amount must include a statement of the amount of support that would have ordinarily been ordered under the guidelines.
     (c) If the court does not order a parent owing a duty of support to a child to pay any amount for the child's support, the court shall state its reasons for not ordering child support.
     (7) The judgment or order, whether temporary or final, concerning child support and each modification of a judgment or order for child support must include a medical support order as defined in 40-5-804.
     (8) (a) Unless an exception is found under 40-5-315 or 40-5-411 and the exception is included in the support order, a support obligation established by judgment, decree, or order under this section, whether temporary or final, and each modification of an existing support obligation made under 40-6-118 must be enforced by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 3 or 4. A support order that omits the exception or that provides for a payment arrangement inconsistent with this section is nevertheless subject to withholding for the payment of support without need for an amendment to the support order or for any further action by the court.
     (b) If a support order subject to income withholding is expressed in terms of a monthly obligation, the order may be annualized and withheld on a weekly or biweekly basis, corresponding to the obligor's regular pay period.
     (9) For the purposes of income withholding as provided in subsection (8), whenever the district court establishes or modifies a child support obligation, the judgment, decree, or order must include a provision requiring the parent obligated to pay support to inform the court and, if the department of public health and human services is providing services under Title IV-D of the Social Security Act for the enforcement of the judgment, decree, or order, the department, of the following:
     (a) the name and address of the parent's current employer;
     (b) whether the parent has access to health insurance through an employer or other group; and
     (c) if insurance coverage is available, the health insurance policy information.
     (10) Each district court judgment, decree, or order establishing a final child support obligation under this part and each modification of a final order for child support must contain a statement that the order is subject to review and modification by the department of public health and human services upon the request of the department or a party under 40-5-271 through 40-5-273 when the department is providing services under Title IV-D of the Social Security Act for the enforcement of the order.

     History: En. 61-316 by Sec. 16, Ch. 512, L. 1975; R.C.M. 1947, 61-316; amd. Sec. 2, Ch. 702, L. 1989; amd. Sec. 7, Ch. 266, L. 1991; amd. Sec. 2, Ch. 635, L. 1991; amd. Sec. 4, Ch. 294, L. 1993; amd. Sec. 21, Ch. 631, L. 1993; amd. Sec. 31, Ch. 504, L. 1995; amd. Sec. 147, Ch. 546, L. 1995.