Child Support Glossary
Child Support: A parent's obligation to contribute to the economic
maintenance and education of his or her child, generally in a custody or divorce
action. Financial support paid by a parent to help support a child or children
of whom they do not have custody. Child support can be entered into voluntarily
or ordered by a court or a properly empowered administrative agency, depending
on each State?s laws.
Accrual: Sum of child support payments that are due or overdue.
Action Transmittal: Document sent out as needed, which instructs
State child support programs on the actions they must take to comply with new
and amended Federal laws. Has basis in Federal law and regulation.
Adjudication: The entry of a judgment, decree, or order by
a judge or other decision-maker such as a master, referee, or hearing officer
based on the evidence submitted by the parties.
Automated Administrative Enforcement of Interstate Cases (AEI): Provision
in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)
giving States the ability to locate, place a lien on, and seize financial assets
of delinquent obligors across State lines.
Administrative Procedure: Method by which support orders are
made and enforced by an executive agency rather than by courts and judges.
Administration for Children and Families (ACF): The agency
in the Department of Health and Human Services (DHHS) that houses the Office
of Child Support Enforcement (OCSE).
Aid to Families with Dependent Children (AFDC): Former entitlement
program that made public assistance payments on behalf of children who did not
have the financial support of one of their parents by reason of death, disability,
or continued absence from the home; known in many States as ADC (Aid to Dependent
Children). Replaced with Temporary Aid to Needy Families (TANF) under the Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA).
Arrearage: Past due, unpaid child support owed by the non-custodial
parent. If the parent has arrearages, s/he is said to be "in arrears."
Assignment of Support Rights: The legal procedure by which
a person receiving public assistance agrees to turn over to the State any right
to child support, including arrearages, paid by the non-custodial parent in
exchange for receipt of a cash assistance grant and other benefits. States can
then use a portion of said child support to defray or recoup the public assistance
expenditure.
Automated Voice Response System (AVR): Telephone system that
makes frequently requested information available to clients over touch-tone
telephones.
Burden of Proof: The duty of a party to produce the greater
weight of evidence on a point at issue.
Child Support Case: A collection of people associated with
a particular child support order, court hearing, and/or request for IV-D services.
This typically includes a Custodial Party (CP), a dependent(s), and a Non-custodial
Parent (NCP) and/or Putative Father (PF). Every child support case has a unique
Case ID number and, in addition to names and identifying information about its
members, includes information such as CP and NCP wage data, court order details,
and NCP payment history.
Child Support Case Initiation: First step in the child support
enforcement process.
Case Law: Law established by the history of judicial decisions
in cases.
Case Member: Participant in child support case; a member can
participate in more than one case.
Case ID: Unique identification number assigned to a case.
Cash Concentration and Disbursement "Plus" (CCD+):
Standardized format used for electronic funds transmission (EFT) of child support
withholdings from an employee?s wages.
Central Registry: A centralized unit, maintained by every
State IV-D agency that is responsible for receiving, distributing, and responding
to inquiries on interstate IV-D cases.
Centralized Collection Unit: A single, centralized site in
each State IV-D agency to which employers can send child support payments they
have collected for processing. This centralized payment-processing site is called
the State Disbursement Unit (SDU) and is responsible for collecting, distributing,
and disbursing child support payments.
Child Support Enforcement (CSE) Agency: Agency that exists
in every State that locates non-custodial parents (NCPs) or putative fathers
(PF), establishes, enforces, and modifies child support, and collects and distributes
child support money. Operated by State or local government according to the
Child Support Enforcement Program guidelines as set forth in Title IV-D of the
Social Security Act. Also known as a "IV-D Agency".
Child Support Enforcement Network (CSENet): State-to-State
telecommunications network, which transfers detailed information between States?
automated child support enforcement systems.
Child Support Pass-Through: Provision by which at least $50
from a child support payment collected on behalf of a public assistance recipient
is disbursed directly to the custodial parent. The Personal Responsibility and
Work Opportunity Reconciliation Act (PRWORA) of 1996 eliminated the pass-through
effective October 1, 1996. A few States have elected to retain the pass-through,
paying it out of State, rather than Federal, money. Also known as Child Support
"Disregard."
Client: A term often used to refer to the recipient of a TANF
grant or IV-D services.
Common Law: A body of law developed from judicial decisions
or custom rather than legislative enactments.
Complainant: Person who seeks to initiate court proceedings
against another person. In a civil case the complainant is the plaintiff; in
a criminal case the complainant is the State.
Complaint: The formal written document filed in a court whereby
the complainant sets forth the names of the parties, the allegations, and the
request for relief sought. Sometimes called the initial pleading or petition.
Consent Agreement: Voluntary written admission of paternity
or responsibility for child support.
Consumer Credit Agencies (CCA): Private agencies that a State
can use to locate obligors to establish and enforce child support.
Consumer Credit Protection Act (CCPA): Federal law that limits
the amount that may be withheld from earnings to satisfy child support obligations.
States are allowed to set their own limits provided they do not exceed the Federal
limits. Regardless of the number or withholding orders that have been served,
the maximum that may be withheld for child support is:
Without arrearage
50% with a second family
60% Single
With Arrearage
55% with a second family and 12+ weeks in arrears
65% Single 12+ weeks in arrears
Continuing Exclusive Jurisdiction (CEJ): The doctrine that
only one support order should be effective and enforceable between the same
parties at any one time and that when a particular court has acquired jurisdiction
to determine child support and custody, it retains authority to amend and modify
its orders therein. This Court of Continuing Exclusive Jurisdiction (CCEJ) continues
to have jurisdiction over a support issue until another court takes it away.
Defined in the Uniform Interstate Family Support Act (UIFSA).
Cooperation: As a condition of TANF eligibility whereby the
recipient is required to cooperate with the child support agency in identifying
and locating the non-custodial parent, establishing paternity, and/or obtaining
child support payments.
Corporate Trade Exchange (CTX): Standardized format used for
electronic funds transmission (EFT) of child support withholdings from employees?
wages. This method is preferable when processing large volumes of transactions
and PRWORA requires state automated child support enforcement systems to be
capable of using this format as well as the CCD+ format.
Court Order: A legally binding edict issued by a court of
law. Issued by a magistrate, judge, or properly empowered administrative officer.
A court order related to child support can dictate how often, how much, what
kind of support a non-custodial parent is to pay, how long he or she is to pay
it, and whether an employer must withhold support from their wages.
Custodial Party (CP): The person who has primary care, custody,
and control of the child(ren).
Custody Order: Legally binding determination that establishes
with whom a child shall live. The meaning of different types of custody terms
(e.g., Joint Custody, Shared Custody, Split Custody) vary from State to State.
Decree: The judicial decision of a litigated action, usually
in "equitable" cases such as divorce (as opposed to cases in law in
which judgments are entered).
Default: The failure of a defendant to file an answer or appear
in a civil case within the prescribed time after having been properly served
with a summons and complaint.
Defendant: The person against whom a civil or criminal proceeding
is begun.
Dependent: A child who is under the care of someone else.
Most children who are eligible to receive child support must be a dependent.
The child ceases to be a dependent when they reach the "age of emancipation"
as determined by State law, but depending on the State?s provisions, may
remain eligible for child support for a period after they are emancipated.
Direct Income Withholding: A procedure, whereby an income
withholding order can be sent directly to the non-custodial parent's (NCP?s)
employer in another State, without the need to use the IV-D Agency or court
system in the NCP?s State. This triggers withholding unless the NCP contests,
and no pleadings or registration are required. The Act does not restrict who
may send an income withholding notice across State lines. Although the sender
will ordinarily be a child support Agency or the obligee, the obligor or any
other person may supply an employer with an income withholding order.
Disbursement: The paying out of collected child support funds.
Disclosure Prohibited Notice: A notice that the Federal Case
Registry (FCR) is required to send to a party that has requested locate information
stating that the information cannot be disclosed because the person being sought
has a family violence indicator (FVI) on either a IV-D case or a non IV-D order
in the FCR.
Disposable Income: The portion of an employee's earnings that
remains after deductions required by law (e.g., taxes) and that is used to determine
the amount of an employee's pay subject to a garnishment, attachment, or child
support withholding order.
Disposition: The court's decision of what should be done about
a dispute that has been brought to its attention. For instance, the disposition
of the court may be that child support is ordered or an obligation is modified.
Distribution: The allocation of child support collected to
the various types of debt within a child support case, as specified in 45 CFR
302.51, (e.g., monthly support obligations, arrears, ordered arrears, etc.).
Electronic Data Interchange (EDI): Process by which information
regarding an Electronic Funds Transfer (EFT) transaction is transmitted electronically
along with the EFT funds transfer.
Electronic Funds Transfer (EFT): Process by which money is
transmitted electronically from one bank account to another.
Enforcement: The application of remedies to obtain payment
of a child or medical support obligation contained in a child and/or spousal
support order. Examples of remedies includes garnishment of wages, seizure of
assets, liens placed on assets, revocation of license (e.g., drivers, business,
medical, etc.), denial of U.S. passports, etc.
Enumeration and Verification System (EVS): System used to
verify and correct Social Security Numbers (SSNs), and identify multiple SSNs,
of participants in child support cases. Operated by the Social Security Administration
(SSA).
Establishment: The process of proving paternity and/or obtaining
a court or administrative order to put a child support obligation in place.
External Locate Source: A source of locate information (that
is not part of the Federal Parent Locator Service) on a non-custodial parent
(NCP) who works for a Federal Agency.
Family Support Act: Law passed in 1988, with two major mandates:
Immediate Wage Withholding, unless courts find that there is good cause not
require such withholding, or there is a written agreement between both parties
requiring an alternative arrangement; and Guidelines for Child Support Award
Amounts, which requires States to use guidelines to determine the amount of
support for each family, unless they are rebutted by a written finding that
applying the guidelines would be inappropriate to the case.
Family Violence (FV) Indicator: A designation that resides
in the Federal Case Registry (FCR) placed on a participant in a case or order
by a State that indicates a person is associated with child abuse or domestic
violence. It is used to prevent disclosure of the location of a custodial party
and/or a child believed by the State to be at risk of family violence.
Federal Employer Identification Number (FEIN): Unique nine-digit
number assigned to all employers by the Internal Revenue Service (IRS), which
must be used in numerous transactions, including submitting data and responding
to requests relevant to child support.
Federal Information Processing Standard (FIPS) Code: A unique
five-digit code that identifies the child support jurisdiction, (i.e., States,
counties, central state registries).
Federal Parent Locator Service (FPLS): A computerized national
location network operated by the Federal Office of Child Support (OCSE) of the
Administration for Children and Families (ACF), within the Department of Health
and Human Services (DHHS). FPLS obtains address and employer information, as
well as data on child support cases in every State, compares them and returns
matches to the appropriate States. This helps State and local child support
enforcement agencies locate non-custodial parents and putative fathers for the
purposes of establishing custody and visitation rights, establishing and enforcing
child support obligations, investigating parental kidnapping, and processing
adoption or foster care cases. The expanded FPLS includes the Federal Case Registry
(FCR) and the National Directory of New Hires (NDNH).
Federal Tax Refund Offset Program: Program that collects past
due child support amounts from non-custodial parents through the interception
of their Federal income tax refund, or an administrative payment, such as Federal
retirement benefits. This program also incorporates the Passport Denial Program,
which denies U.S. passports at the time of application when the applicant?s
child support debts exceed $5,000. In the future, the program will expand to
include the revocation and/or restriction of already issued passports. The cooperation
of States in the submittal of cases for tax interception is mandatory, while
submittal of cases for administrative interception is optional. The Federal
Tax Refund Offset Program is operated in cooperation with the Internal Revenue
Service, the U.S. Department of Treasury?s Financial Management Service
(FMS), the U.S. Department of State, and State Child Support Enforcement (CSE)
Agencies.
Foster Care: A Federal-State program which provides financial
support to a person, family, or institution that is raising a child or children
that are not their own.
Full Faith and Credit: Doctrine under which a State must honor
an order or judgment entered in another State.
Full Faith and Credit for Child Support Orders Act (FFCCSOA):
Law effective October 20, 1994, which requires States to enforce child support
orders made by other States if: the issuing State?s tribunal had subject
matter jurisdiction to hear and resolve the matter and enter an order; the issuing
State?s tribunal had personal jurisdiction over the parties; and, reasonable
notice and the opportunity to be heard was given to the parties. FFCCSOA also
limits a State?s ability to modify another States? child support
orders in instances when: the State tribunal seeking to modify the order has
jurisdiction to do so; and, the tribunal that originally issued the order no
longer has continuing, exclusive jurisdiction over the order either because
the child and the parties to the case are no longer residents of the issuing
State, or the parties to the case have filed written consent to transfer continuing
exclusive jurisdiction to be transferred to the tribunal seeking to make the
modification. Unlike the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), FFCCSOA does not amend Title IV-D of the Social Security
Act and thus does not directly change IV-D program requirements, but affects
interstate case processing.
Garnishment: A legal proceeding under which part of a person's
wages and/or assets is withheld for payment of a debt. This term is usually
used to specify that an income or wage withholding is involuntary.
Genetic Testing: Analysis of inherited factors to determine
legal fatherhood or paternity.
Good Cause: A legal reason for which a Temporary Assistance
to Needy Families (TANF) recipient is excused from cooperating with the child
support enforcement process, such as past physical harm by the child?s
father. It also includes situations where rape or incest resulted in the conception
of the child and situations where the mother is considering placing the child
for adoption.
Guidelines: A standard method for setting child support obligations
based on the income of the parent(s) and other factors determined by State law.
The Family Support Act of 1988 requires States to use guidelines to determine
the amount of support for each family, unless they are rebutted by a written
finding that applying the guidelines would be inappropriate to the case.
IV-A Case (Four-A Case): A child support case in which a custodial
parent and child(ren) is receiving public assistance benefits under the State's
IV-A program, which is funded under Title IV-A of the Social Security Act. Applicants
for assistance from IV-A programs are automatically referred to their State
IV-D agency in order to identify and locate the non-custodial parent, establish
paternity and/or a child support order, and/or obtain child support payments.
This allows the State to recoup or defray some of its public assistance expenditures
with funds from the non-custodial parent.
IV-D ("Four-D"): Reference to Title IV-D of the
Social Security Act, which required that each State create a program to locate
non-custodial parents, establish paternity, establish and enforce child support
obligations, and collect and distribute support payments. All recipients of
public assistance (usually TANF) are referred to their State's IV-D child support
program. States must also accept applications from families who do not receive
public assistance, if requested, to assist in collection of child support. Title
IV-D also established the Federal Office of Child Support Enforcement.
IV-D Case: A child support case where at least one of the
parties, either the custodial party (CP) or the non- custodial parent (NCP),
has requested or received IV-D services from the State's IV-D agency. A IV-D
case is composed of a custodial party, non-custodial parent, or putative father,
and dependent(s).
IV-E ("Four-E"): Reference to Title IV-E of the
Social Security Act, which established a Federal-State program known as Foster
Care that provides financial support to a person, family, or institution that
is raising a child or children that is not their own. The funding for IV-E Foster
Care programs is primarily from Federal sources.
IV-E Case: A child support case in which the State is providing
benefits or services under Title IV-E of the Social Security Act to a person,
family, or institution that is raising a child or children that are not their
own. As with other public assistance cases, recipients are referred to their
State IV-D agency in order to identify and locate the non-custodial parent,
establish paternity and/or a child support order, and/or obtain child support
payments. This allows the State to recoup or defray some of its public assistance
expenditures with funds from the non-custodial parent.
Immediate Wage Withholding: An automatic deduction from income
that starts as soon as the agreement for support is established.
Imputed Income: Fringe benefits provided to employees that
may be taxable but which cannot be counted as additional disposable income that
is subject to child support obligations.
Income: As defined by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA), income is any periodic form
of payment to an individual, regardless of source, including wages, salaries,
commissions, bonuses, worker's compensation, disability, pension, or retirement
program payments and interest. All income (except imputed income; see above)
is subject to income withholding for child support, pursuant to a child support
order, but is protected by Consumer Credit Protection Act limits, both State
and federal.
Income Withholding: Procedure by which automatic deductions
are made from wages or income, as defined in the Personal Responsibility and
Work Opportunity Reconciliation Act (PRWORA), to pay a debt such as child support.
Income withholding often is incorporated into the child support order and may
be voluntary or involuntary. The provision dictates that an employer must withhold
support from a non-custodial parent?s wages and transfer that withholding
to the appropriate agency (the Centralized Collection Unit or State Disbursement
Unit). Sometimes referred to as wage withholding.
Information Memorandum (IM): Document that provides State
child support enforcement agencies with information on program practices that
can be useful to program improvement.
Initiating Jurisdiction: The State or county court, or administrative
agency, which sends a request for action to another jurisdiction in interstate
child support cases. The requested action can include a request for wage withholding
or for review and adjustment of existing child support obligations. In cases
where a State is trying to establish an initial child support order on behalf
of a resident custodial parent, and they do not have Long Arm Jurisdiction (i.e.,
they cannot legally claim personal jurisdiction over a person who is not a resident),
they must file a Two-State action under the Uniform Interstate Family Support
Act (UIFSA) guidelines.
Intercept: A method of securing child support by taking a
portion of non-wage payments made to a non-custodial parent. Non-wage payments
subject to interception include Federal tax refunds, State tax refunds, unemployment
benefits, and disability benefits.
Interstate Cases: Cases in which the dependent child and non-custodial
parent (NCP) live in different States, or where two or more States are involved
in some case activity, such as enforcement.
Judgment: The official decision or finding of a judge or administrative
agency hearing officer upon the respective rights and claims of the parties
to an action; also known as a decree or order and may include the "findings
of fact and conclusions of law."
Judicial Remedies: A general designation for a court's enforcement
of child support obligations.
Jurisdiction: The legal authority which a court or administrative
agency has over particular persons and over certain types of cases, usually
in a defined geographical area.
Legal Father: A man who is recognized by law as the male parent
of a child.
Lien: A claim upon property to prevent sale or transfer of
that property until a debt is satisfied.
Litigation: A civil action in which a controversy is brought
before the court.
Locate: Process by which a non-custodial parent (NCP) or putative
father (PF) is found for the purpose of establishing paternity, establishing
and/or enforcing a child support obligation, establishing custody and visitation
rights, processing adoption or foster care cases, and investigating parental
kidnapping.
Locate Information: Data used to locate a Putative Father
(PF) or non-custodial parent (NCP). May include their Social Security Number
(SSN), date of birth (DOB), residential address, and employer.
Long Arm Jurisdiction: Legal provision that permits one State
to claim personal jurisdiction over someone who lives in another State. There
must be some meaningful connection between the person and the State or district
that is asserting jurisdiction in order for a court or agency to reach beyond
its normal jurisdictional border. If a Long Arm Statute is not in effect between
two States, then the State must undertake a Two-State Action under the Uniform
Interstate Family Support Act (UIFSA) guidelines for certain actions, such as
establishing a support order in which the non-custodial parent (NCP) is not
a resident. Other actions, such as Direct Income Withholding, are allowed by
UIFSA in such a way that neither a Two-State Action nor Long Arm Jurisdiction
are required.
Medical Assistance Only (MAO): Form of public assistance administered
by a State?s IV-A program, which provides benefits to recipients only
in the form of medical, rather than financial, assistance.
Medical Support: Form of child support where medical or dental
insurance coverage is paid by the non-custodial parent (NCP). Depending on the
court order, medical support can be an NCP?s sole financial obligation,
or it can be one of several obligations, with child and/or spousal support being
the others.
Monthly Support Obligation (MSO): The amount of money an obligor
is required to pay per month.
Non-custodial Parent (NCP): The parent who does not have primary
care, custody, or control of the child, and has an obligation to pay child support.
Also referred to as the obligor.
Non IV-A Case: A support case in which the custodial parent
has requested IV-D services but is not receiving Temporary Assistance to Needy
Families (TANF). Also known as a Non-TANF case.
Non IV-D Orders: A child support order handled by a private
attorney as opposed to the State/local child support enforcement (IV-D) agency.
(Non-IV-D orders that pre-date January 1, 1994 may be subject to different disbursement
requirements.)
Obligated: A term meaning that a non-custodial parent (NCP)
is required to meet the financial terms of a court or administrative order.
Obligation: Amount of money to be paid as support by a non-custodial
parent (NCP). Can take the form of financial support for the child, medical
support, or spousal support. An obligation is a recurring, ongoing obligation,
not a onetime debt such as an assessment.
Obligee: The person, State agency, or other institution to
which a child support is owed (also referred to as custodial party when the
money is owed to the person with primary custody of the child).
Obligor: The person who is obliged to pay child support (also
referred to as the non-custodial parent or NCP).
Office of Child Support Enforcement (OCSE): The Federal agency
responsible for the administration of the child support program. Created by
Title IV-D of the Social Security Act in 1975, OCSE is responsible for the development
of child support policy; oversight, evaluation, and audits of State child support
enforcement programs; and providing technical assistance and training to the
State programs. OCSE operates the Federal Parent Locator Service, which includes
the National Directory of New Hires (NDNH) and the Federal Case Registry (FCR).
OCSE is part of the Administration for Children and Families (ACF), which is
within the Department of Health and Human Services (DHHS).
Offset: Amount of money intercepted from a parent?s
State or Federal income tax refund, or from an administrative payment such as
Federal retirement benefits, in order to satisfy a child support debt.
Order: Direction of a magistrate, judge, or properly empowered
administrative officer.
Order/Notice to Withhold Child Support: The form to be used
by all States that standardizes the information used to request income withholding
for child support. According to the Uniform Interstate Family Support Act (UIFSA),
this form may be sent directly from the initiating State to a non-custodial
parent's employer in another State.
Passport Denial Program: Program created by the Personal Responsibility
and Work Opportunity Reconciliation Act (PRWORA) of 1996 that is operated under
the auspices of the Federal Tax Refund Offset Program. Under the Passport Denial
Program, obligors with child support arrearages of at least $5000 that are submitted
to the to the Federal Office of Child Support Enforcement (OCSE) for Tax Refund
Offset are forwarded to the U.S. Department of State, which "flags"
the obligor?s name and refuses to issue a passport in the event they apply
for one. After the obligor makes arrangements to satisfy the arrears, States
can decertify them with OCSE, which then requests that the State Department
remove them from the program. This program is automatic, meaning that any obligor
that is eligible will be submitted to the State Department unless the State
submitting the case for Tax Offset specifically excludes them from the Passport
Denial Program.
Paternity: Legal determination of fatherhood. Paternity must
be established before child or medical support can be ordered.
Payee: Person or organization in whose name child support
money is paid.
Payor: Person who makes a payment, usually non-custodial parents
or someone acting on their behalf, or a custodial party who is repaying a receivable.
Plaintiff: A person who brings an action; the party who complains
or sues in a civil case.
Pleadings: Statements or allegations, presented in logical
and legal form, which constitute a plaintiff?s cause of action or a defendant?s
grounds of defense.
Proceeding: The conduct of business before a judge or administrative
hearing officer.
Private Case: Known as a non IV-D case, it is a support case
where the custodial parent to whom child support is owed is not receiving IV-A
benefits or IV-D services.
Proactive Matching: Process in which child support case data
newly submitted to the Federal Case Registry (FCR) is automatically compared
with previous submissions, as well as with the employment data in the National
Directory of New Hires (NDNH). The resulting locate information is then returned
to the appropriate State(s) for processing.
Public Assistance: Benefits granted from State or Federal
programs to aid eligible recipients (eligibility requirements vary between particular
programs). Applicants for certain types of public assistance (e.g., Temporary
Assistance to Needy Families or TANF) are automatically referred to their State
IV-D agency identify and locate the non-custodial parent, establish paternity,
and/or obtain child support payments. This allows the State to recoup or defray
some of its public assistance expenditures with funds from the non-custodial
parent.
Putative Father (PF): The person alleged to be the father
of the child but who has not yet been medically or legally declared to be the
Legal Father.
Qualified Medical Child Support Order (QMCSO): An order, decree,
or judgment, including approval of a settlement agreement, issued by a court
or administrative agency of competent jurisdiction that provides for medical
support for a child of a participant under a group health plan or provides for
health benefit coverage to such child.
Quasi-Judicial: A framework or procedure under the auspices
of a State?s judicial branch in which court officers other than judges
process, establish, enforce and modify support orders, usually subject to judicial
review. The court officer may be a magistrate, a clerk, master, or court examiner.
He or she may or may not have to be an attorney, depending on the State?s
law.
Recipient: A person or organization that receives support
funds and/or Temporary Assistance to Needy Families (TANF) payments.
Reciprocity: A relationship in which one State grants certain
privileges to other States on the condition that they receive the same privilege.
Referral: Request sent to a IV-D agency from a non IV-D agent
or agency asking that a child support case be established.
Respondent: The party answering a petition or motion.
Responding Jurisdiction: The court or administrative agency
with jurisdiction over a non-custodial parent or child support order on which
an initiating State has requested action.
Review and Adjustment: Process in which current financial
information is obtained from both parties in a child support case and evaluated
to decide if a support order needs to be adjusted.
Show Cause: A court order directing a person to appear and
bring forth any evidence as to why the remedies stated in the order should not
be confirmed or executed. A show cause order is usually based on a motion and
affidavit asking for relief.
Single State Financial Institution Data Match: Process by
which delinquent child support obligors are matched with accounts held in Financial
Institutions (FI) doing business in only one State.
Spousal Support: Court ordered child support of a spouse or
ex-spouse; also referred to as maintenance or alimony.
State Parent Locator Services (SPLS): A unit within the state
Child Support Enforcement Agencies the purpose of which is to locate noncustodial
parents in order to establish and enforce child support obligations, visitation,
and custody orders or to establish paternity. This unit operates the State Case
Registry (SCR), and in most States, the State Directory of New Hires (SDNH).
(In some States the SDNH is operated by the State Employment Security Agency
or SESA.)
Standardized Data Elements: Data elements that must be included
in each child support case record that is transmitted to the Federal Case Registry
(FCR).
Support Order: A judgment, decree, or order, whether temporary,
final, or subject to modification, issued by a court or an administrative agency
of a competent jurisdiction, for the support and maintenance of a child. This
includes a child who has attained the age of majority under the law of the issuing
State, or of the parent with whom the child is living. Support orders can incorporate
the provision of monetary support, health care, payment of arrearages, or reimbursement
of costs and fees, interest and penalties, and other forms of relief.
Subpoena: A process issued by a court compelling a witness
to appear at a judicial proceeding. Sometimes the process will also direct the
witness to bring documentary evidence to the court.
Summons: A notice to a defendant that an action against him
or her has been commenced in the court issuing the summons and that a judgment
will be taken against him or her if the complaint is not answered within a certain
time.
Temporary Assistance to Needy Families (TANF): Time-limited
public assistance payments made to poor families, based on Title IV-A of the
Social Security Act. TANF replaced Aid to Families with Dependent Children (AFDC--
otherwise known as welfare) when the Personal Responsibility and Work Opportunity
Reconciliation Act (PRWORA) was signed into law in 1996. The program provides
parents with job preparation, work, and support services to help them become
self-sufficient. Applicants for TANF benefits are automatically referred to
their State IV-D agency in order to establish paternity and child support for
their children from the non-custodial parent. This allows the State to recoup
or defray some of its public assistance expenditures with funds from the non-custodial
parent.
Third Party Liability: A category under which the state pays
the difference between the amount of the medical bill and the amount the insurance
company has paid. This occurs only when a public assistance recipient has medical
insurance in addition to coverage provided by the public assistance program.
Tribunal: The court, administrative agency, or quasi-judicial
agency authorized to establish or modify child support orders or to determine
parentage.
Two-State Action: Action a State must file under the Uniform
Interstate Family Support Act (UIFSA) guidelines when it does not have Long
Arm Jurisdiction (i.e., cannot legally claim personal jurisdiction over a non-custodial
parent who lives in another State). This is usually in cases where a State is
trying to establish an initial child support order on behalf of a resident custodial
party. Other actions, such as requesting wage withholding or reviewing and/or
revising an existing support order, do not require a Two-State Action even if
the initiating State does not have Long Arm Jurisdiction.
Unclaimed Funds: Child support payment that cannot be disbursed
because the identity of the payor is unknown, or the address of the payee is
unknown.
Wage Assignment: A voluntary agreement by an employee to transfer
(or assign) portions of future wage payments (e.g., insurance premium deductions,
credit union deductions) to pay certain debts, such as child support.
Wage Attachment: An involuntary transfer of a portion of an
employee's wage payment to satisfy a debt. In some States this term is used
interchangeably with Wage or Income Withholding, in other States there are distinctions
between an attachment and withholding. The most common term used is Wage or
Income Withholding.
Wage Withholding: A procedure by which scheduled deductions
are automatically made from wages or income to pay a debt, such as child support.
Wage withholding often is incorporated into the child support order and may
be voluntary or involuntary. The provision dictates that an employer must withhold
support from a non-custodial parent's wages and transfer that withholding to
the appropriate agency (the Centralized Collection Unit or State Disbursement
Unit). Also known as income withholding.
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