§ 462 - Findings; orders; stipulations
§ 462. Findings; orders; stipulations
(a) The magistrate shall make findings of fact, conclusions and a decision and shall issue an order. An order issued by a magistrate may be enforced by the family court in the county in which the magistrate hearing was held. A motion for contempt of a magistrate's order shall be heard as expeditiously as possible by the family court judge upon motion of either party or upon motion of the family court judge or magistrate.
(b) A magistrate may issue an order based on a stipulation regarding any preliminary matter necessary to issue a child support order.
(c) If the stipulation of the parties regarding child support includes matters other than preliminary matters necessary to issue a child support order, the stipulation may be accepted and approved by the magistrate in respect to those preliminary matters and signed by the magistrate as an order of the family court.
(d) A magistrate shall issue an order for child support based upon the actual physical living arrangements of the children during the prior three months if the parties have not stipulated concerning parental rights and responsibilities. If parental rights and responsibilities are contested, the family court shall make an order allocating parental rights and responsibilities. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 228 (Adj. Sess.), § 9; 1995, No. 59, § 14.)