The PORT Glossary
Inform 005 v.2
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
-A-
Any individual who is now or who may eventually be absent from the home and is legally responsible for providing financial and/or medical support for a dependent child. (See noncustodial Parent, NCP, for current usage.)
To stop, temporarily, a current support debt's ability to add a monthly amount to its balance. By setting the Accrual Suspension field appropriately, AZCARES keeps the debt from adding a monthly amount during the time period the child remains with the non custodial parent. When an Order specifies the NCP does not owe child support for specific months (the child is in the NCP's custody). The debt can be set up with no current support accrual during those months.
A voluntary recognition by a man, or both parents, that the man is the father of a child, usually provided in writing in an affidavit or a similar sworn statement. A witnessed acknowledgment of paternity that is signed by both parents constitutes a legal determination of paternity.
A final decision made by a judge in a case or court action.
An action taken that offsets or reverses a previous transaction.
An agency within the Department of Health and Human Services that houses the Office of Child Support Services.
The method an executive agency uses to modify a child support order, typically without having a court hearing. Arizona is a judicial state and does not modify court orders administratively.
The process of withholding certain federal government payments to collect past-due child support. Monies that may be withheld include payments to private vendors working for government agencies, federal retirement payments, and relocation and travel reimbursements paid to federal employees.
The method used by a state agency to determine legal rights such as child support, etc., rather the court system.
Non-judicial review, conducted by the IV-D agency or its agents of case actions, requested by the custodial parent/person, the noncustodial parent or their representative.
The team within the DCSS that conducts Administrative Reviews.
A voluntary, sworn, written statement, signed under oath or by affirmation, and notarized.
A written statement under oath by a licensed process server stating a defendant/respondent was served. Personal service is on the specific individual named in the court action. Substitute service is on a person of sufficient age and discretion to give the papers to the subject.
Age at which the Duty of Support generally terminates. (Currently age 18 in Arizona unless the child is actually attending high school or a certified high school equivalency program, in which case support will continue to age 19, or the court enters an order otherwise) AKA: Age of emancipation.
A person authorized by another to act for him or her; a substitute or a deputy appointed by a person and given discretionary power to act on his/her behalf. See also Power of Attorney.
A person, usually a parent, who has the legal authority to act on behalf of a minor.
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 AFDC (Aid to Families with Dependent Children). Replaced with Temporary Assistance for Needy Families (TANF) under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) in 1997.
See spousal maintenance.
An assertion or statement made orally or in pleadings by a party to a case, setting out what is expected to be proved.
A man named as the father of a child born of unmarried parents who has not been legally determined to be the father.
A process of prorating money from one noncustodial parent to more than one child support case.
The maximum amount available for child support withholding, calculated by applying a state’s limitations or the Consumer Credit Protection Act (CCPA) limits to the noncustodial parent’s disposable income.
An annulment is a legal procedure for declaring a marriage null or void. Void marriage is one that never existed by law and a voidable marriage is one in which the marriage continues until one party exercises their right to have it annulled.
A pleading by the defendant in a civil case that contests or admits the plaintiff's allegations of facts set forth in the complaint.
A request of a party to a higher court to review the rulings made by a lower court.
A person who applies for and receives public assistance.
A request for child support services under Title IV-D of the Social Security Act, made on a form prescribed by the IV-D Agency.
The current statewide case management system for Title IV-D and Non IV-D child support cases.
Arizona's Medicaid agency that offers health care programs to serve Arizona residents.
A Unit in Arizona's IV-D Agency charged with the duty of locating noncustodial parents for establishing or enforcing child support obligations.
State laws enacted by the Arizona Legislature.
The computer system used by the Family Assistance Administration (FAA) to determine eligibility for CA, MA, NA and State Assistance Programs. AZTECS determines eligibility and benefit level based on the information keyed by the Eligibility Interviewer (EI). AZTECS is also used for the following: Storing information, issuing CA, NA, and State Assistance benefits, transmitting MA eligibility to AHCCCS, compiling data for reports, computing overpayments and underpayments, providing current or historic case information.
The former statewide computer system for Title IV-D and Non IV-D child support cases.
The total unpaid support obligation owed by a person under a court order to pay support.
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COURT ORDERED ARREARAGES. The total amount of monies past due and owing under a court order.
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STATE ASSIGNED ARREARAGES. The total amount of support monies past due and owing under a court order, that have been assigned to the State. All SUPPORT monies past due from the beginning of the original order to the date the CP ceases to receive public assistance, up to the amount of assistance paid are required to be assigned when AFDC / TANF is granted.
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CP SUPPORT ARREARAGES. The total amount of support monies past due and owing under a court order that have not been assigned to the State, i.e., the portion of the court ordered SUPPORT arrearages that has accrued AFTER the CP ceases to receive AFDC and/or IV-E payments There are different categories of arrears. They are temporarily assigned, permanently assigned and unassigned in current and past public assistance cases and never assigned arrears in current non-public assistance cases. Each of these are defined in their appropriate alphabetical placement.
Court ordered monies past due and owing for a specific time that have been reduced to a written money judgment.
An Applicant/Recipient agrees to turn over their rights to support payments, including past-due amounts, in exchange for public assistance. AOR is effective by operation of law when an Applicant/Recipient receives cash assistance.
Means cash benefits received under title IV-A (TANF / AFDC etc.) and medical assistance through the AHCCCS (Arizona Health Care Cost Containment System) program.
A declaration made by a proper official in which he/she certifies that a record is in lawful form and that the person who certified the document is the officer appointed to do so. In certification a court officer states that a document is a true copy of the original.
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A federal court, presided over by a bankruptcy judge, that is concerned exclusively with the administration of bankruptcy cases. In Arizona, bankruptcy courts are located in Phoenix, Tucson, and Yuma. Flagstaff and Bullhead City have hearing only locations. Numbers preceding the case number designate where the bankruptcy case is assigned (i.e. 2-Phonenix, 4–Tucson, etc.).
The total non-exempt property owned by the debtor at the time of filing a Chapter 7 or at the time of confirmation in Chapter 13.
The man who provided the paternal genes of a child; sometimes called the birth parent.
A support order which fixes a monthly amount for the children and which would not decrease upon emancipation of the individual children. AKA: Non-divisible order.
An obligation put in writing and secured by assets, that guarantees the performance of a specific act. (e.g., will appear at court, will pay support, etc.)
A party’s duty to prove a fact in dispute, or an issue raised between the parties.
An agency within the Department of the Treasury (formerly known as Financial Management Service). It is the U.S. government’s financial manager, central disburser, and collections agent as well as its accountant, finance reporter, and collector of past-due federal debt.
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The heading or introductory part of a pleading or form that indicates the names of the parties, name of the court, docket number, title of action, etc.
The person caring for a child’s health or welfare who has physical or legal custody of a dependent child but who is not a parent of the child.
The group of people associated with a particular child support order, court hearing, or request for child support services. This typically includes a custodial party (CP), dependent(s), and a noncustodial parent (NCP) or putative father. In addition to names and identifying information about its members, every child support case has a unique case identification number and includes information such as CP and NCP wage data, order details, and NCP payment history.
Data contained in AZCARES for a specific CP/NCP combination. Also referred to as "case."
Issues whose outcome have been established by judicial decisions of an appellate court in a particular case. Governs judge's decisions in similar cases.
Folder that holds all documents pertaining to a custodial parent/person's case.
A person who does the casework on a child support case and follows the laws of the state of Arizona and DCSS Policy and Procedures.
Assistance given by the Temporary Assistance for Needy Families (TANF) program to provide assistance to needy families so that children can be cared for in their own homes
The agency designated by the United States or a foreign country to transmit and receive applications, and to facilitate contacts between Convention countries. The United States central authority means the Secretary of the United States Department of Health and Human Services.
A centralized unit maintained by a state child support agency that is responsible for receiving, distributing, and responding to inquiries on interstate child support cases. Tribal programs currently do not have a centralized unit.
A copy of a document or record, signed by an officer of the court or tribunal who has custody of the original, declaring it as a true copy of the original. Example: The Clerk of the Court certifies a copy of a court order as a true and correct copy of the original.
To confirm formally as true, accurate or genuine, especially in writing.
The changed circumstance or condition that is substantial and continuing which shows a need for modification of a support order.
Financial support paid by the noncustodial parent to help support a child. Noncustodial parents can voluntarily pay. A court or properly empowered administrative agency can order child support, depending on state or tribal laws. Child support can involve different types of cases.
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IV-A Case
The custodial parent or caretaker is receiving public assistance on behalf of their child; referred to as Temporary Assistance for Needy Families (TANF) funded under Title IV-A of the Social Security Act. TANF refers the case to the child support agency and the child’s caretaker has assigned the child’s support rights to the state or tribe.
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IV-B Case (Child Welfare Services)
The custodial parent or caretaker is receiving public assistance on behalf of their child; referred to as Temporary Assistance for Needy Families (TANF) funded under Title IV-A of the Social Security Act. TANF refers the case to the child support agency and the child’s caretaker has assigned the child’s support rights to the state or tribe.
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IV-D Case
This case receives child support services funded under Title IV-D of the Social Security Act and includes a:
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Dependent child
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Custodial party such as a parent, caretaker relative, or other custodian, including an entity such as a foster care agency who takes care of the child
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Noncustodial parent, which could be the mother, father, or putative father, that does not live with the child.
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IV-E Case (Foster Care and Adoption Assistance)
The child is receiving benefits or services for foster care funded by Title IV-E of the Social Security Act. These cases are also eligible for child support services.
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Non-IV-D Case
A child support order where the child support agency is not providing locate, enforcement, or collection services; often entered into during divorce proceedings. Payments on non-IV-D cases come through the state disbursement unit for payment processing only.
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Current Assistance IV-D (Child Support) Case
Any child support case that is a referral from TANF or foster care and is also receiving public assistance from TANF or foster care funded under Title IV-E of the Social Security Act. The child’s caretaker has assigned the child’s support rights to the state or tribe. Also called a TANF IV-D Case or Foster Care IV-D Case.
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Never Assistance IV-D Case
When the custodial parent or caretaker is receiving child support services but isn’t eligible for and has not previously received TANF or foster care services under Titles IV-A or IV-E of the Social Security Act. A child support case is set up when a person requests a child support office to help them establish paternity or a child support order. Includes cases where the child is receiving child support services as a result of a written application for IV-D services, including cases where the child is receiving foster care services (not Title IV-E) or Medicaid but isn’t receiving additional assistance.
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Former Assistance IV-D Case
The custodial parent, caretaker, or child formerly received TANF or foster care services under Titles IV-A or IV-E of the Social Security Act.
The agency that exists in every state or tribe to locate noncustodial parents or putative fathers; establish, enforce, and modify child support orders; and collect and distribute child support money. The agency is operated by state, tribal 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.”
An order that is issued by a judicial officer in a non-criminal child support matter that directs a peace officer in this state to arrest the person named in the warrant and bring the person before the court. The CSAW may be issued if all of the following apply: 1) the person was ordered by the court to appear personally at a specific time and location 2) the person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a child support arrest warrant; 3) the person failed to appear.
The federal "link" between the states' automated systems. Each state can obtain information from CSENet that another state has reported to CSENet.
A standard method for setting child support obligations, using a mathematical formula and based on the income of one or both parent(s) and other factors determined by state or tribal 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
A court order that sets an amount of money to be provided by a parent for the support of the parent’s child and/or a responsibility to provide health insurance or medical support for the child. A child support order may include a judgment for past support of a child or a judgment on child support arrears.
Provision by which states can disburse part of a child support payment collected on behalf of a public assistance recipient instead of keeping the funds to reimburse the state and disregard the payment in determining eligibility for assistance. Tribal programs also have a choice in adopting pass-through. Also known as child support “disregard.” (See also: Public Assistance)
The federal/state/local and tribal partnerships established under Title IV, Part D of the Social Security Act to locate parents; establish paternity; and establish, modify, and enforce child support orders.
A state insurance program that provides low-cost health coverage to children in families that earn too much money to qualify for Medicaid but not enough to buy private insurance.
The central support payment clearinghouse established to receive, disburse, and monitor support payments pursuant to title IV-D of the Social Security Act.
Rules implementing federal statutes. In IV-D, 45 CFR Part 300 - 399, are the federal laws that give authority, and mandate, each state to enforce child support orders by taking specific actions within designated time frames.
Recognition that one jurisdiction allows within its territory to the legislative, executive or judicial action of another jurisdiction, not out of obligation but out of courtesy and mutual respect.
A marriage that requires a positive mutual agreement, which is permanent and exclusive of all others, to enter into a marriage relationship without a ceremony and issuance of a license. Note: Not recognized in Arizona. However, Arizona will acknowledge common law marriages from those states which do or did recognize the common law marriage.
A person or agency who seeks to initiate court proceedings against another person. In a civil case the complainant is the plaintiff or petitioner; in a criminal case the complainant is the State. In IV-D cases, the state is the complainant in many proceedings.
The formal written document filed in a court which sets forth the names of the parties, the allegations, and the request for relief sought. Sometimes called the initial pleading or petition .
Occurs when involvement in the case could pose ethical problems due to a relationship to the matter or persons involved .
A voluntary agreement or order that both parties enter into and sign.
Federal law that limits the amount that may be withheld from earnings to satisfy child support obligations and other garnishments. State or tribal law may further limit the amount that can be withheld from a person’s paycheck.
A determination that a person who has the ability to obey a court order has willfully disobeyed or failed to comply with the court order.
The postponement of a hearing or trial pending in court to a subsequent day.
A right of a state court or tribunal to exercise singular authority over a court order at any one time. CEJ is based on subject matter and personal jurisdiction. Under UIFSA the state issuing the support order has CEJ as long as it remains the resident state of the obligor, the obligee and/or the child(ren).
The one order that must be used by all states and tribes for enforcement and modification actions going forward. In cases involving multiple orders issued prior to the enactment of UIFSA, UIFSA provides rules for determining the controlling order, the one order to be prospectively enforced. UIFSA does not apply to tribes.
A foreign country that has ratified the Hague Convention for the International Recovery of Child Support and Other Forms of Maintenance.
A support order from a Convention Country; also called a decision or maintenance.
Working or acting together toward a common end or purpose. IV-A and Medicaid applicants and recipients must cooperate in "good faith" (provide known information, in establishing paternity and obtaining support by providing the father's name and other information required by the IV-D agency. They must also appear at interviews and hearings and submit to genetic tests pursuant to an order. States may not require recipients to sign voluntary acknowledgment of paternity or otherwise relinquish rights to genetic tests as a condition of cooperation. Cooperation is determined by the IV-D agency and the findings are reported to the referring public assistance agency.
Modification of the amount of a support obligation based on the economy’s increasing or decreasing cost of the necessities of life, such as food, shelter, and clothing.
A three-digit code that identifies counties and county equivalents. County codes are published in the Federal Information Processing Standards (FIPS).
Command or direction of a judicial officer made and entered in writing.
The individual to whom support Is owed or alleged to be owed; the obligee or custodial parent.
Criminal charges against a noncustodial parent who refuses to pay child support. There are criminal offenses for failure to pay support at the state and federal levels. Federal actions require interstate activity.
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Child Support Recovery Act of 1992 (CSRA)
A law that makes it a federal crime to refuse to pay past-due child support payments for a child who lives in another state. The past-due amount must be either greater than $5,000 or must have been unpaid for more than one year.
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Deadbeat Parents Punishment Act of 1998 (DPPA)
The law established felony violations for intentionally failing to pay legal child support obligations in interstate cases. It imposes criminal penalties on parents who repeatedly fail to pay child support for their out-of-state children or move to or travel to another state to avoid paying.
A case where the children are: (1) recipients of Temporary Assistance for Needy Families (TANF) under Title IV-A of the Social Security Act or (2) entitled to Foster Care maintenance payments under Title IV-E of the Social Security Act. In addition, the children’s support rights have been assigned by a caretaker relative to a state or tribe, and a referral to the state or tribal child support agency has been made. Also a TANF IV-D Case or Foster Care IV-D Case .
Natural or adoptive mother or father of a child who has custody of that child. Also, a legal guardian with whom the child is presently living or with whom the court has ordered a child to live (such as grantee/relative, caretaker). (See: Support Recipient)
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) varies from state to state and tribe to tribe .
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A program developed by the Treasury Department’s Financial Management Service that allows agencies and outside lenders to determine whether applicants for federal loans, loan insurance or loan guarantees owe delinquent child support or non-tax debt to the federal government. Federal agencies are required to deny loans, loan insurance, or loan guarantees to individuals who owe delinquent child support if those debts have been referred to the Treasury Offset Program (TOP) for administrative offset.
Debt information that creates a historical record of all changes made to an individual debt over time. There are two kinds of changes: Demographic and Monetary.Demographic changes can include: When the Status of the debt is changed (Active or Inactive). When the Accrual indicator is changed. When the Interest Override is changed. Last Change Date and OPID of person making these changes is also recorded. The monetary changes are listed on the Transaction List (TRLI) screen. The monetary changes include: the Debt set up amounts. The monthly accrual amounts. The monthly interest charges. Any adjustment amounts. Payments made to current, arrears, or fees.
A sum of money owed for any unpaid past obligations. This debt amount excludes interest.
A utility software used by DCSS for calculations.
The individual who owes or is alleged to owe support; the obligor or noncustodial parent.
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. The tribunal hearing the case can enter an order based on information presented without any challenge if the responding party does not answer the claim or appear in court as requested. This is called a default order .
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Default Order
An order entered by the court based on information at hand because the person failed to file an answer or appear in court within the requested time frame.
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Default Judgment
Decision made by the tribunal when the defendant fails to respond.
The person whom a civil or criminal proceeding is brought against.
The agency in Arizona responsible for child protection.
The agency in Arizona responsible for incarceration, rehabilitation, and reentry of inmates.
The agency in Arizona that oversees the IV-D program and to insure coordination of efforts between Child Support and Public Assistance Agencies.
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Division of Benefits and Medical Eligibility (DBME)
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Family Assistance Administration (FAA)
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Division of Child Support Services (DCSS)
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Division of Developmental Disabilities (DDD)
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Division of Employment and Rehabilitative Services (DERS)
Federal Government agency which includes the Office of Child Support Services (OCSS). The Administration for Children and Families, which contains OCSS, is a part of DHHS.
The agency in Arizona responsible for state tax collection and processing, enforcement of state tax laws, and accurate valuation of property.
A person who is under the care of a parent, relative, or other caretaker and cannot live on their own. Most children who are eligible to receive child support must be dependents. The child may remain eligible for child support for a period after he or she is emancipated or reaches the “age of majority” depending on the state or tribe. “Age of emancipation” means legal independence and no longer needing a guardian. State or tribal law determines the “age of emancipation” or “age of majority.”
A child support order amount that is varies from the amount that would be prescribed by the applying the child support guidelines.
A petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
The allocation of child support collected to the various types of debt (for example: monthly support obligations, arrears, ordered arrears) within a child support case as specified in 45 CFR 302.51 (or 45 CFR 309.115); how the total payment amount is divided between all money owed under the support orders, including reimbursement for public assistance.
Authority of a judge to decide and act in accordance with what is fair, as determined by the particular circumstances of the case, and as discerned by his/her personal wisdom and experience, and guided by applicable legal principles.
Procedure by which a tribunal can nullify an order or a determination of paternity generally.
A court document terminating an action. Dismissed with prejudice: means the issue has been settled on its own merits and bars the right to bring or maintain an action on the same claim or cause. Dismissed without prejudice: means the complainant has a right to sue again on the same cause of action.
The portion of an employee’s earnings that remains after deductions required by law (taxes, Social Security, FICA) and that is used to determine the amount of an employee’s pay subject to a garnishment, attachment, or child support withholding order. Also, the money due an employee after taxes and other required deductions.
The allocation of support collected to the various types of debt within a child support case.
See Genetic Testing
A number assigned by the Clerk of the Court to legal actions filed. Also referred to as DR# (Domestic Relations) or C.O.# (court order).
Branch of the law that deals with households or family matters.
A principle of constitutional law, state and federal, that Court proceedings must be fair. Elements of due process include notice of an action and the opportunity to be heard.
The period during which a parent has an obligation to provide financial support for a child. States have varying laws regarding duration of support.
A legal obligation/ requirement to support, biological and/or adopted child(ren).
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Process by which a child support payment is electronically transmitted to an account. The most common forms of electronic disbursement are direct deposit to a bank or other financial institution or through an electronic payment card (stored value card). The process when child support payment or any other payments are sent to bankaccounts by computer systems.
An application on the State Services Portal (SSP) that allows the user to send and receive documents and information electronically with states that also participate in the EDE.
Process by which money is transmitted electronically from one bank account to another.
Child support payments are transmitted via a debit card; also called a Stored Value Card.
A child ceases to be a dependent upon reaching the “age of majority” as determined by state or tribal law; however, depending on the state’s provisions, may remain eligible for child support for a period after emancipation. The age a person is no longer considered a minor (child) under government laws. This law is different from state to state and tribe to tribe.
The application of remedies to obtain payment of a child or medical support obligation contained in a child or spousal support order. Examples of remedies include garnishment of wages, seizure of assets, liens placed on assets, revocation of licenses (e.g., drivers, business, medical), denial of U.S. passports, contempt of court proceedings, etc. The processes that can be used to collect payments from the noncustodial parent or to require compliance with some other provision of the order .
The process of determining legal paternity and/or obtaining a court or administrative order to put a child support obligation in place.
An abbreviation of a Latin term meaning "and others."
An abbreviation of a Latin term meaning "and the following".
A Latin term meaning "on behalf of". Proceedings started by the Attorney General or County Attorney in the name of the State, but based on information and at the instigation of a third party.
This term is better stated by : Writ of Execution A writ empowering a law enforcement officer to enforce a judgment. The actions can include seizing money from a defendant's bank account of the debtor to pay a judgment that was entered in favor of the obligee.
An exemplified copy is a copy of an official document, such as a court pleading or judgment, which is obtained from the County Clerk where the document was filed. The clerk will certify in writing, affixing a corporate seal or some form of a stamp that the document was properly signed and entered.
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A hearing initiated by a client request to reconsider any DES action or current benefit level.
See Non-Disclosure Indicator (NDI)
A national database of information on individuals in all IV-D cases and all non-IV-D orders entered or modified on or after October 1, 1998. The FCR receives this case information on a daily basis from the State Case Registry located in every state, and proactively matches it with previous submissions to the FCR and with employment information contained in the National Directory of New Hires (NDNH). Any successful matches are returned to the appropriate state(s) for processing. The FCR and the NDNH are both part of the Federal Parent Locator Service maintained by OCSS.
The portion of a state’s child support expenditures that are paid by a federal government match. Most child support costs are matched two to one.
A numerical designation for jurisdictions (FIPS Code); a two-character state identifier coupled with a three-character county identifier. AZCARES has also added another two-digit code to designate the destination of a payment. This two-digit code is not part of the federally assigned code.
The program that provides several enforcement tools to collect past-due child support from noncustodial parents, including federal income tax refund and administrative offset, Passport Denial Program, MSFIDM and Debt Check.
A computerized, national location network operated by OCSS. The FPLS obtains address, employer information, and data on child support cases in every state, and then compares the data and returns matches to the appropriate states. This helps state and local child support agencies locate noncustodial 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).
The process that collects past-due child support amounts from noncustodial parents through interception of their federal income tax refunds.
A fee charged by a court for filing legal documents
A process whereby information on accounts held by banks, savings and loan companies, brokerage houses, and other financial institutions is matched against child support obligors who owe past-due support (arrearages).
Acting as the U.S. government’s money manager, FMS provides centralized payment, collection, and reporting services, and using a centralized process, collects delinquent debts (e.g., federal student, mortgage, or small business loans; federal salary or benefit overpayments; fines or penalties assessed by federal agencies) owed to the U.S. government, as well as income tax debts owed to states and past-due child support payments owed to custodial parents.
A formal determination by a court or administrative process that has legal standing.
That part of a court order which details the determination from the evidence of a case and upon which the judicial decision is based.
A foreign country with which the United States has signed a bilateral agreement ensuring reciprocity in child support enforcement.
An agreement for support in a record that: is enforceable in the country of origin; has been formally drawn up or registered as an authentic instrument by a foreign tribunal; or has been authenticated by, concluded, registered, or filed with a foreign tribunal; may be reviewed and modified by a foreign tribunal; and includes a maintenance arrangement or authentic instrument under the Convention.
A court, administrative agency, or quasi-judicial entity of a foreign country which has the authority to establish, enforce, or modify support orders or determine parentage of a child.
A ruling, finding, judgment or award by the court that is in its proper form AND signed by a judge.
A federal/state/tribal program that provides financial support to people, families, or institutions that are raising children that are not their own.
Doctrine under which a state or tribe must honor an order or judgment entered in another state or tribe and enforce it as if it were an order within its own territory, but may not modify the order unless properly petitioned to do so. This principle was specifically applied to child support orders in federal law that took effect in 1994, under the Full Faith and Credit for Child Support Orders Act (FFCCSOA).
The process of setting up a payment for a future month. When all support balances are zero the payment can be held until a future date. When the current support is due the payment is distributed. There are two types of futures payments: System assigned when all debt balances are zero and the NCP overpays. Non Public Assistance (NPA) cases - payments are released as gifts to the CP or returned to the NCP. Future Statutory Receipt Date (SRD) - AZCARES holds until SRD = current date Manually assigned for seasonal payments (such as teachers) when court ordered.
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A person upon whom a garnishment is served to institute garnishment proceedings: the person garnished for child support.
A legal proceeding under which a part of a person’s (garnishee) wages or assets are withheld for payment of a debt.
Analysis of specific genetic markers to determine the biological father of a child. (Also known as DNA Testing)
Good cause can be claimed by a public assistance recipient when he/she fears for the child's or his/her own safety. Good cause determination grants the CP an exemption from cooperating with the IV-D agency in the establishment and/or enforcement of a support order. Finding of good cause can be determined by the IV-A or IV-D agency.
Amount of public assistance granted to a family.
Total monthly income from all sources before deductions, exemptions, or other tax reductions.
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A request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority
Any health care coverage for a child or children in a IV-D case. This includes:
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Private health insurance such as employment-based insurance and individually purchased health insurance policies, including those purchased through state and federal health care marketplaces
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Publicly funded health care coverage, including Medicaid, Children’s Health Insurance Program, other state coverage plans, and coverage through Tricare or the Indian Health Service
(See also: Medical Support)
A common computer program within DES that lists a client and denotes which DES program(s) he/she is involved in.
State or foreign country in which a child lived with a parent, or person acting as a parent, for at least 6 consecutive months immediately preceding the time of filing of a petition/complaint for support. If a child is less than 6 months old, the state in which the child lived from birth with a parent or person acting as a parent.
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The court or decision-maker can attribute certain income levels to a person based on the person’s education or training, skill, and work history. Some states consider assets, for example, if the obligor is self-employed or owns real estate. This also may be the amount of income the court or administrator determines that an obligor is capable of earning if he or she does not appear at a hearing after proper service.
A method of determining child support amount that is ordered based on a presumed income and/or assets rather than actual pay.
Non-cash support payments such as food or clothing provided to a custodial parent or child in lieu of cash support payments.
Objectionable evidence or testimony which, under the established rules of evidence, cannot be considered by the trier of fact.
For child support purposes, 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; remuneration for work performed or any payment made in lieu of remuneration for worked performed, such as social security benefits or retirement pay.
An order that requires an employer to withhold support from a noncustodial parent’s wages and transfer that withholding to the appropriate agency (the Centralized Collection Unit, the State Disbursement Unit or tribal child support agency.) Sometimes referred to as a wage withholding or garnishment. Direct Income Withholding A procedure, whereby an income withholding order from one state can be sent directly to the noncustodial parent’s employer in another state , without the need to use the child support agency or court system in the noncustodial parent’s state. Immediate Wage Withholding An automatic deduction from income that starts as soon as the order for support is established and an income withholding order/notice is received and implemented by the noncustodial parent’s employer.
Any Indian or Alaskan Native tribe, band, nation, pueblo, village, or community the Secretary of the Interior acknowledges as an Indian tribe and includes in the list of federally recognized Indian tribal governments.
In a general sense, one who is needy or poor. In a criminal case, an indigent defendant may be entitled to have an attorney appointed to represent him or her at no cost. In civil cases an indigent is not entitled to a court appointed attorney but may have certain fees waived because of his/her needy or poor status.
A case in which the custodial parent applies for IV-D services in Arizona and the noncustodial parent resides outside of Arizona. The I/R indicator on the CAST (Case Status) screen may be populated with I 1 (the case is worked within Arizona); I 2 (there is an open intergovernmental case with the jurisdiction in which the NCP resides), or I 3 (there is an open intergovernmental case with one jurisdiction and a limited services request is sent to a different jurisdiction).
The state, tribal or county court, or administrative agency that sends a request for action to another court or agency that can exercise legal authority against a party to an action. In cases where a state is trying to establish an initial child support order on behalf of a resident custodial parent and does not have Long-Arm Jurisdiction (cannot legally claim personal jurisdiction over a person who is not a resident), it must file a Two-State Action under the Uniform Interstate Family Support Act (UIFSA) guidelines. (Tribes are not subject to UIFSA.)(See also: Long Arm Jurisdiction; Two-State
An Arizona order that has been forwarded to another jurisdiction for enforcement. (Arizona entered the order and is the initiating state.)
The state or foreign country in which an intergovernmental proceeding is commenced; state where the obligee (custodial parent) is located.
The authorized Tribunal of a State or foreign country in an initiating State from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
Seizure of the noncustodial parent's Federal/State Tax Refund, or any Lottery winnings. Also known as offset. Note: The Intercept process does not include UI Benefits; that is a Wage Assignment function.
The percentage that is charged on a past-due debt that is still owed. (The interest owed on support arrearages, set by statute, is 10% simple interest annually).
The amount of interest that accrues on an unpaid child support obligation.
An action taken to stop the automatic interest calculation on certain types of debt principal.
The connecting of two systems for an exchange of information; the transaction, sharing or exchange of data, either by direct link or by magnetic tape, between separate systems, programs or files.
Intergovernmental cases are cases where the noncustodial parent (NCP) lives and/or works in a different jurisdiction than the custodial parent (CP) and child(ren) and have been referred by an initiating agency to a responding agency for services. There may be any combination of referrals between States, Tribes and Countries. They may also include cases in which a State agency is seeking only to collect support arrearages, whether owed to the family or assigned to the State.
An online compilation of state, tribal, and international child support agencies’ contact and policy information.
A case under the state’s child support program received from or referred to a foreign country that has entered into an agreement with the United States under section 459A of the Social Security Act (a Foreign Reciprocating Country or FRC) or a foreign country with which the state has entered a reciprocal agreement. International cases also include child support cases in which there is an application for services from an individual who resides in a foreign country.
A case in which the dependent child and noncustodial parent live in different states, tribes, territories or countries, or where two or more agencies or tribunals are involved in some case activity, such as enforcement. (Also called Interstate or Interjurisdictional Case.)
An OCSS program that matches cases that two states may have in common, identifies missing or incorrect data, and provides corrected data back to the states. The data include case ID, case status, and participant information.
The unit in each state child support agency that is responsible for receiving, distributing and responding to inquiries on all incoming interstate cases.
A child support case in which the noncustodial parent lives or works in a different state from the custodial parent and child. Unless otherwise specified, the term applies both to one state and two-state interstate cases
A case which involves two or more jurisdictions within a state.
The foreign country in which a tribunal issues a support order or judgment determining the parentage of a child.
The state in which a court or tribunal issues a support order or renders a judgment determining paternity.
The Tribunal of a State or foreign country that issues a support order or a judgment determining parentage.
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The legal term used when both parents share decision-making abilities for their child(ren).
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. It may include the “findings of fact and conclusions of law.”
The method used in court proceedings to modify or change a court order.
Judge: hears cases where an answer has been filed to a petition. IV-D Commissioner: can be designated as a judge pro tem (a judge for the time being) and can hear both contested and non-contested matters. Commissioner: hears non-contested matters (no answer filed). Hearing Officer: hears matters within an agency using administrative procedures.
The use of tribunals in determining child support legal obligations including paternity establishment, order establishment, enforcement, and modifications of orders.
The legal authority that a court or administrative agency has over particular persons, over certain types of cases, and usually in a defined location. Also indicates a geographic location such as a state or tribe with a tribunal that exercises such authority.
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District Attorney, Attorney General County Attorney and similar public attorneys, prosecutors and their staff. Also includes any police, sheriff or State Public Safety Departments.
A parent who has the legal right and responsibility to make all non-emergency legal decisions regarding education, health care, religion, and personal care for the child. See Legal Decision Making
A parent who has the legal right and responsibility to make all non-emergency legal decisions regarding education, health care, religion, and personal care for the child. See Legal Custody
A man who is recognized by law as being a parent, either married to the mother or has had paternity legally established, responsible for the care and support of a child.
Those duties and responsibilities established and enforced by a court.
Legally Presumed Father (LPF) A legally presumed father (LPF) is the husband of a woman who gave birth to a child within a marriage, but is not the biological father of the child. He is presumed to be the legal father under the law until the mother names the biological father and the LPF signs a Waiver to sever his rights to the child.
The seizure and possible subsequent sale of assets, including personal property, to satisfy a child support debt.
A remedy enacted by filing a judgment with a county recorder. It acts as an encumbrance on real property owned by the obligor in the county in which it is recorded.
An action in which a controversy is brought before the court.
A case in which a parent applies for title IV-D services in Arizona and both parties live in Arizona; or there is a local IV-D case open but the custodial parent moves out of Arizona but does not want the case closed; or both parties are out of state, the support order is from Arizona and one of parties requests IV-D services. The case is worked within Arizona and the I/R indicator on the CAST (Case Status) screen is blank.
Process by which a party or putative father 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.
Data used to locate putative fathers, noncustodial parents or custodial parents. May include their Social Security number, date of birth, residential address, and employer.
Legal provision that permits one state or tribe to claim personal jurisdiction over someone who lives in another state or tribe. There must be some meaningful connection between the person and the state, tribe or district that is asserting jurisdiction in order for a court or agency to reach beyond its normal jurisdictional border. Also called Extended Personal Jurisdiction. (See also: Initiating Jurisdiction; Two-State Action; Uniform Interstate Family Support Act)
A statute that provides for personal jurisdiction, over individuals who are non-residents of the state, for limited purposes, in actions which concern claims that the "defendant" caused an action to occur by having "minimum" contact in this state.
When money won from the lottery is seized from a noncustodial parent to pay past-due child support.
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Support for children, spouse or partner and expenses related to the care of the children or spouse/partner. It is paid by the debtor to the creditor.
A joint federal- and state-funded program that provides free or low-cost health care coverage. It is provided to millions of Americans, including eligible low-income adults, children, pregnant women, elderly adults, and people with disabilities. Medicaid is administered by states according to federal requirements.
Form of public assistance administered by a state’s IV-A program that provides benefits to recipients only in the form of medical, rather than financial, assistance.
The court ordered requirement that one or both parents provide health insurance, which can include vision or dental care, coverage for a dependent child. If neither parent has the ability to obtain health insurance that is accessible and available at a reasonable cost, the court will order the obligor to pay a monthly cash medical support amount.
Medical coverage is any health coverage provided for a child or children, including: (1) private health insurance, (2) publicly-funded health coverage, (3) cash medical support, or (4) payment of medical bills (including dental or eye care). Medical coverage may be provided by the custodial parent, noncustodial parent or other person, such as a stepparent. (See also: Medical Support)
Medical coverage provided for a child or children pursuant to an order. This includes: (1) private health insurance, (2) publically-funded health coverage if a parent is ordered by a court or administraive process to provide cash medical support payments to help pay the cost of Medicaid or Children's Health Insurance Program (CHIP), (3) cash medical support, including payment of health insurance premiums and (4) payment of medical bills (including dental or eye care). Indian Health Service and Tricare are acceptable forms of medical support. Medical support may be provided by the custodial parent, non custodial parent or another person, such as a step-parent.
For a nonresident to be subject to a state’s personal jurisdiction, he must have certain minimum contacts with the state such as business activities, or has been a party to actions taken place in that state.
Notes taken by the judge's clerk during a hearing or trial. (Summary of what happened at the Court hearing.)
A review of an existing court order. The action taken can be an upward change in the child support award, a downward change in the child support award or no change at all.
The amount of money a noncustodial parent or party is required to pay each month for child and/or spousal support.
A request to a judge or commissioner for an order or ruling.
A request to the court to combine several court orders into one.
A request to the court to correct an error in an existing order. Generally used to correct typographical errors.
The CP and NCP have more than one child in common and different types of actions must be taken for different children. Example: Paternity needs to be established for one child while there is an existing order for two other children.
An employer that conducts business in two or more states. As with single-state employers, multistate employers are required by law to report all new hires to the State Directory of New Hires (SDNH) operated by their state government. However, unlike single-state employers, a multistate employer may report all of their new hires to the SDNH of only one state in which they do business rather than to each of them.
A financial institution that conducts business in two or more states.
OCSS-operated program that matches noncustodial parents who owe past-due child support with accounts held in financial institutions doing business in more than one state. Child support agencies receive the data matches and seize/levy accounts, when appropriate.
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The association that establishes the standards, rules, and procedures that enable financial institutions to exchange payments on a national basis. The Electronic Funds Transfer and the child support Electronic Data Interchange formats are established by NACHA. NACHA also establishes rules and procedures that govern use of the stored value cards.
A national database containing new hire and quarterly wage data from every State Directory of New Hires and federal agency, and Unemployment Insurance data from State Workforce Agencies. OCSS maintains the NDNH as part of the expanded Federal Parent Locator Service. (Tribes can choose to obtain access to the NDNH by agreements with a state.)
The standard form sent to an employer from the state child support agency ordering the employer and its health care plan administrator to enroll a noncustodial parent’s child in health care coverage when coverage is available through the employer and required as part of a child support order. When properly completed, the NMSN constitutes a Qualified Medical Child Support Order, a document necessary for health care plans to enroll dependents who are not residing with the covered parent. The NMSN is designed to simplify the work of employers and plan administrators by providing a uniform document to request health care coverage.
All arrears in never assistance cases AND in former assistance cases that accrue after the family's most recent period of assistance ends that were NEVER subject to an assignment of rights. Can exist in Never Assistance cases and/or Former Assistance cases.
Never Assistance IV-D Case (NAI/NAO)
When the custodial parent or caretaker is receiving child support services but isn’t eligible for and has not previously received TANF or foster care services under Titles IV-A or IV-E of the Social Security Act. A child support case is set up when a person requests a child support office to help them establish paternity or a child support order. Includes cases where the child is receiving child support services as a result of a written application for IV-D services, including cases where the child is receiving foster care services (not Title IV-E) or Medicaid but isn’t receiving additional assistance.
Any unpaid past-due child support debt that has accumulated since the last court order
Program under which employers submit data on a new employee within 20 days of hire to the State Directory of New Hires in the state where they do business. Minimum data required includes the employee’s name, address, and Social Security number, and the employer’s name, address, and Federal Employer Identification Number. The data is then submitted to the National Directory of New Hires (NDNH) and compared against child support order information contained in the Federal Case Registry for possible enforcement of child support obligations by income withholding.
Never Assistance (NAI, NAO) - Any IV-D case which has never received assistance (NAI/NAO).
A finding that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information. Interstate petitions must include certain identifying information regarding the parties and child(ren) unless a tribunal makes a nondisclosure finding by ordering that the address or identifying information not be disclosed. In such cases, the finding would be identified by a Family Violence Indicator (FVI).
Used to designate that a party or child may become a victim of family violence. This prevents the disclosure of identifying information and location of the party or child. Once a party is designated by FVI/NDI in Arizona, it is added to the Federal Case Registry.
A support order which fixes a monthly amount for the children and which would not decrease upon emancipation of the individual children. AKA:: Blanket Order.
Child support cases in which the custodial parent and family are NOT receiving public assistance.
Arrears (unpaid child support) which accrue after the CP goes off public assistance or if he/she never received any public assistance and the arrears are not assigned to the state.
The following is a more concise definition: A child support order established and maintained privately through the courts. There is no state involvement. If payments are not made, court action is filed by parents or by their private attorneys.
The parent who does not have primary care, custody, or control of the child, and who may have an obligation to pay child support. Also referred to as the obligor.
A public officer whose function is to administer oaths; to attest and certify, by his hand and official seal, certain classes of documents in order to give them credit and authenticity; attest to authenticity of signatures.
Information, advice or written warning, in more or less formal shape, intended to advise a person of some proceeding in which their interests are involved, or informing them of some fact which it is their right to know and the duty of the notifying party to inform them.
Signifies an action taken now which has the same legal force and effect as if it had been done when it should have been done. (retroactive.)
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The act of a party who takes exception to some matter of proceeding in the course of a trial or hearing.
The amount of money to be paid as support by a parent or spouse in the form of financial support for the child support, medical support, or spousal support.
The person to whom a duty of support is owed. (also see plaintiff/petitioner) also a foreign country, or state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an obligee in place of child support (see creditor)
The person ordered to pay child support or the estate of a decedent that owes a duty of support or is liable under a support order. (see Debtor)
The federal agency responsible for the administration of the Child Support program. Created by Title IV-D of the Social Security Act in 1975, OCSS is responsible for developing child support policy, oversight, evaluation, and audits of state and tribal child support programs; and providing technical assistance and training to those programs. OCSS operates the Federal Parent Locator Service, which includes the National Directory of New Hires and the Federal Case Registry. OCSS is part of the Administration for Children and Families within the Department of Health and Human Services.
The process of reducing funds paid by the federal government to an obligor and applying the funds toward the balance of the delinquent debt. Also the amount of money that is intercepted from an obligor’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.
A legally binding decision that sets forth the responsibilities of the parties to an action. It can include a determination of parentage and a support obligation, and set forth other rights of the parties. It can be issued by a judge, master or other administrative entity authorized to enter orders. It can also be a consent agreement between the parties that has been ratified by an appropriate official.
A document signed by a judicial or administrative officer requiring the employer or entitlement holder of funds to comply with the Order of Assignment statutes. May refer to local or interstate assignment statutes.
An order directing a person to appear and bring forth any evidence as to why the remedies requested should not be granted. A show cause order is usually based on a motion and affidavit asking for relief.
The form to be used by all states that standardizes the information used to request income withholding for child support by an employer from a noncustodial parent’s earnings.
A location in another state or in a country other than the United States.
To refuse, to sustain, or recognize as sufficient, an objection made in the course of a trial. An appellate court may overrule or reverse the trial court's decision.
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The legal mother-child relationship and father-child relationship as determined by the state.
A Parenting Plan establishes specific parameters for legal decision-making and parenting time.
A parent’s time with a child. (Absent contrary evidence which demonstrates it is not in a child’s best interest both parents should have frequent, substantial, meaningful and continuing parenting time with their child(ren.)
A person involved in a legal transaction or court proceeding.
An enforcement remedy created by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 that is operated under the Federal Offset Program (FOP). Cases in which an obligor owes child support arrearages greater than the federally mandated threshold and are submitted to the FOP are forwarded to the U.S. Department of State, which flags the obligor’s name and refuses to issue a passport in the event he or she applies for one. After the obligor makes arrangements to satisfy the arrears, states can notify OCSS to request the State Department remove him/her from the program.
Program that is operated under the Federal Offset Program (FOP). Cases where an obligor owes back child support greater than an amount as determined by the federal government, are submitted to the FOP. It is then forwarded to the U.S. Department of State, which flags the noncustodial’s name and refuses to issue a passport in the event he or she applies for one until arrangements are made to satisfy the back payments.
The total amount that remains unpaid under a court order.The Past Due (arrears) amount is the outstanding amount due and does not include the current month’s obligations.
The legal establishment of fatherhood for a child, either by court determination, administrative process, tribal custom or voluntary acknowledgment. A paternity acknowledgment involves the legal establishment of fatherhood for a child through a voluntary acknowledgment signed by both parents as part of an in-hospital or other acknowledgement service
A case that does not have an established legal father for a child born out of wedlock.
The person to whom monies are to be paid. (See obligee.)
A documented account of child support payments. Most payment documents are maintained by the Clerk of Court or the Child Support Services Clearinghouse.
Person who makes a payment, usually a noncustodial parent or someone acting on their behalf.
A temporary order entered by the Court pending a final judgment or order.
A support order assigning a monthly amount of support for each child listed in the order that decreases upon emancipation of the individual children. See Divisible Order
Permanently assigned arrears are arrears that: a. Accrue while the family was on assistance, and: b. Are also arrears that accrued prior to the assistance period when the assignment of rights was executed before 10/01/1997, and that do not exceed the cumulative amount of unreimbursed cash assistance (URA) paid to the family at the time the family stops receiving cash assistance.
An individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, public corporation, government or governmental division, subdivision, agency, or instrumentality, or any other legal or commercial entity.
The legal authority a court or administrative agency has over a particular person and over certain types of cases, usually in a defined geographical area. A term also used to indicate a geographic location such as a state or tribe with a tribunal using such authority.
Any property (such as cash, liquid assets, automobiles, etc.) other than real property belonging to an individual.
The actual delivery of legal paperwork to the respondent/defendant requiring that person to respond or appear to that petitioner/plaintiff or his/her agent. See Service of Process
The formal written document filed in a court where the person filing the action sets forth the names of the parties, the claims made against the party and the request for what relief is being sought. This is the first or initial pleading to be filed with the court.
The person, state, or tribal agency initiating a petition or motion.
A person who brings an action; the party who complains or sues in a civil case.
Statements or allegations, presented in logical and legal form, which constitute a plaintiff’s cause of action or a defendant’s grounds of defense.
Actions that may be used to enforce a judgment. (Example: liens against property and garnishment.)
The status of a case once the issue of paternity has been decided.
The date a support payment is entered into the ATLAS system.
A meeting at which the respondent is ordered to appear to attempt to work out a stipulation. (This takes place at DCSS or at a contracting county office.). AKA: Pre-litigation conference.
Acceptance or belief based on reasonable evidence. The burden of providing proof to the contrary falls to the party against whom the action is directed. Example: The husband of a woman who gives birth to a child is presumed or accepted as the child's father.
A rule of law that permits a court to assume a man is the father of a child if certain facts exist. This rule may be rebutted by presenting factual information that shows the man could not be the father.
The one in whose favor the decision is rendered and judgment is entered.
Evidence that is legally sufficient to establish a fact or case unless disproved. (e.g., the pay history is prima facie evidence of child support payments being made.)
The person in a public assistance case who provides the IV-D agency with requested information.
Known as a non-IV-D case, it is a support case where the custodial party to whom child support is owed is not receiving IV-A benefits or IV-D services.
When a party represents himself in a legal matter, rather than being represented by a lawyer.
Temporary judge or commissioner.
Process in which child support case data newly submitted to the Federal Case Registry is automatically compared with previous submissions, as well as with the employment data in the National Directory of New Hires. The resulting locate information is then returned to the appropriate State(s) for processing.
The probability that the alleged father is the biological father of the child as indicated by genetic test results.
The conduct of business before a judge or administrative hearing officer.
A person authorized as an officer of the court to deliver a writ, summons, or other notice to the directed party.
The date the ATLAS system originally processes a payment that has been posted.
Written notice to the IV-D agency by the IV-A agency within 2 working days of the furnishing of aid including a copy of the AFDC case record or all relevant information as prescribed by the child support agency.
Personal Responsibility Work Opportunity Reconciliation Act of 1996. This federal legislation eliminated the open-ended federal entitlement of Aid to Families with Dependent Children (AFDC) and created block grants for states to provide time-limited case assistance for needy families. This legislation also caused changes in the Food Stamp program, Supplement Security Income (SSI) for children benefits, benefits for legal immigrants and in the Child Support Enforcement program.
Money granted from the state, tribal, or federal programs to a person or family for living expenses. Eligibility is based on need and varies between programs. Applicants for certain types of public assistance (for example, Temporary Assistance for Needy Families or TANF) are automatically referred to their state or tribal child support agency, which will identify and locate the noncustodial parent, establish paternity where appropriate, and obtain child support payments. This allows the state or tribe to recoup or defray some of its public assistance expenditures with funds from the noncustodial parent and may enable the custodial party to become self
PA arrears are those arrears that accumulated while the CP is on Public Assistance.
A person who claims to be the father of a child and would like to be given notice of any adoption proceedings concerning the child or wants to establish paternity. A putative father who files a Notice of Claim of Paternity form, either before the birth of a child or within 30 days after the birth of a child, is entitled to receive notice of any judicial hearing regarding the child’s adoption. See Alleged father.
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An order decree or judgment, including approval of a settlement agreement, issued by a court or administrative agency that orders that a child be covered under a parent’s health plan. It is processed through the parent’s employer. The specific information requested must meet the Employee Retirement Information Security Act’s requirement and must be properly completed on the National Medical Support Notice to be considered a QMCSO.
Data on all employees submitted by (private sector) employers on a quarterly basis to the State Workforce Agency in the state in which they operate business. The data is then submitted to the National Directory of New Hires to be compared against child support order information contained in the Federal Case Registry for possible enforcement of child support obligations. Federal agencies report the data directly to the NDNH.
To vacate, cancel or void a court order or process. Example: to quash an Order to Show Cause/Order to Appear for lack of service.
A framework or procedure, overseen by a state’s judicial branch or tribal court, in which court officers (other than judges) process, establish, enforce, and modify support orders. 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 or tribal law.
An application found on the State Services Portal (SSP). It used by IV-D agencies to view case data from another state in real time. A state must participate in QUICK for other states to be able to access it.
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A federal correctional institution’s Reentry Affairs Coordinator who has responsibility for coordinating local reentry efforts, which include fostering partnerships and developing resources that assist offenders in preparation for a successful return to their communities.
Land or land-related property, such as houses and buildings.
A legal inference that can be overcome by evidence. Regarding paternity, this would mean presenting evidence that the man could not be the child’s father (such as evidence of the man’s sterility). An irrebuttable or conclusive presumption is a final determination of the issue; a court will not allow any contrary evidence to be presented.
An ATLAS generated number to identify a payment applied to a case. A receipt number is created using the following formula: First six numbers are the date the batch is opened (YYMMDD); Next five digits consist of the two-digit county FIPS code and the three-digit batch sequence number; Next three digits are the payment sequence number; and Next two digits are the receipt sequence number. So, 9502131300100101 = February 13, 1995, County 13 and batch number 001, payment number 001 and receipt number 01. A Payment and Receipt amount can be the same if it is for only one case. Payments for more than one case create a Receipt Record for each case to which the money is applied.
The date support payments are received by the IV-D agency, or its legal representative, for all payments not made through wage assignment or income withholding orders.
The process by which one jurisdiction grants certain privileges to another jurisdiction on the condition that it receives the same privileges.
The controlling order as identified by applying the rules of a the Full Faith and Credit for Child Support Orders Act (FFCCSOA) used for enforcement from the present time forward. (See also: Full Faith and Credit)
A precise written history of a court action from commencement to termination designed to remain as permanent evidence of the matters to which it relates. 2. (v.) To put in writing or other permanent form for historical safekeeping. 3. (n) Information inscribed on a tangible medium or is stored in an electronic or other medium and is retrievable in perceivable form.
The act of filing a certified copy of the judgment for arrearages with a County Recorder's Office. This process places an encumbrance on any real property the NCP has in that county. If an NCP has property in more than one county, the recordation must take place in each county.
Establishing a debt to recover money from an NCP NSF check the State has already paid the CP. Example: The NCP sends a payment in; ATLAS disburses a check to the CP for $450; The Bank returns the NCP's check as NSF. A recoupment debt needs to be set up to recover the $450. The algorithm priority allows recoupments to be recovered after current support has been distributed
An action which changes the destination of a payment. (where it is sent)
Cases that are sent to the IV-D agency by various public assistance agencies for the purpose of pursuing the collection of child and medical support obligations from the responsible parent(s)
To record or file in a tribunal of the state a support order or judgment issued in another state or foreign country.
Any court or tribunal in which a foreign support order is filed, making it enforceable as if it were that state's own order.
A Tribunal in which a support order or judgment determining parentage of a child is registered.
The formal filing process by which an order of one jurisdiction is recognized in another jurisdiction. After registration, an action can be taken in a tribunal of the responding jurisdiction as if the order was issued in that jurisdiction. An order may be registered for enforcement, modification or both.
To pay back or compensate for money spent. This equals retained.
Assistance, benefits or remedy which a complaining party seeks from the court.
See complaint
The party who must answer the complaint. (Defendant)
A case in which another jurisdiction requests IV-D services from Arizona and the noncustodial parent resides in Arizona. The I/R indicator on the CAST (Case Status) screen is populated with R 2.
The court or administrative agency with authority over a noncustodial parent or child support order on which an initiating jurisdiction has requested action
An order entered by the responding jurisdiction at the request of the initiating jurisdiction.
The state that is providing services in response to a referral from the intiating state in an intergovernmental case. (from the Intergovernmental Child Support– Final Rule defitiniton) 2. (n) The state where the obligor resides. 3. (n) a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from an initiating another state or a foreign country
The authorized tribunal in a responding state or foreign country.
The parent that is legally responsible to provide financial support for a dependent child.
The amount the State can collect to recover the cash assistance monies expended. This is the lesser amount of the IV-A or IV-E Grant expended OR the court ordered monthly support obligation that may be retained by the state
Support for a period prior to the entry date of the order. For example, in paternity cases, state law may require retroactive support to the date of the child’s birth. Some states have laws requiring support retroactive to the date the legal action was filed.
A document filed by a person making personal service upon a party that swears to the fact of service and to the surrounding circumstances. (See Affidavit of Service.)
Periodic process in which current information is obtained from both parties in a child support case and evaluated to decide if a support order needs to be adjusted. (Modification)
Residential Reentry Center (halfway houses) – a Bureau of Prisons contract facility that provides assistance to inmates who are nearing release. They provide a safe, structured, supervised community environment, as well as employment counseling, job placement, financial management assistance, and other programs and services. RRCs help inmate gradually rebuild their ties to the community and facilitate supervising offenders’ activities during this readjustment phase.
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A document indicating that both the principal and interest of a judgment has been paid-in-full.
Service of process accomplished by publishing a notice in a newspaper or by posting it on a bulletin board of a courthouse or other public facility, after a court determines that other means of service are impractical or have been unsuccessful. This method of service is not available in every jurisdiction.
The delivery of an Order to Show Cause, summons, writ or other notice to the party to whom it is directed for the purpose of obtaining personal jurisdiction over and notice to that party.
An order directing a person to appear and bring forth any evidence as to why the remiedies requested should not be granted. A show cause order is usually based on a motion and affidavit asking for relief.
A designated percentage that is earned on the balance due on a judgment, figured at the end of each month. It is not added to the balance of the judgment but rather becomes a separate debt on which additional interest is forbidden by statute.
A code that identifies a Department of Economic Security office location. 2. The interoffice mailing address for a Cost Center.
One parent has the legal right to make major decisions for the child without the other parent’s input.
Support for a spouse or an ex-spouse. In a IV-D case this can be enforced only when there is an accompanying child support order. (Also known as alimony, spousal support)
A state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or possession subject to the jurisdiction of the U.S. This term also includes an Indian nation or tribe.
A database maintained by each state that contains information on individuals in child support cases. Information submitted to the SCR is transmitted to the Federal Case Registry.
A database maintained by each state that contains information about individuals submitted by their employer within 20 days of hire. The data are transmitted to the NDNH, where they are compared to the employment data from other states as well as child support data in the Federal Case Registry. Matches found are returned to the appropriate states for processing.
The single entity in a state that receives and distributes child support payments.
A service provided by the state child support agencies to locate parents in order to establish and enforce child support obligations, visitation, and custody orders or to establish paternity. This information is accessible to tribes through agreement made with a state.
The amount the state can collect AND keep to recover the TANF (AFDC) or IV-E foster care grant monies expended.
A case sent between state and tribal child support programs for processing.
Pleading filed with the court when the state is now involved with a case but was not at the initial filing of the case.
The cutoff point on the length of time a person has to take a particular legal action. State and tribal laws vary on the statute of limitations for collecting child support arrears.
Laws enacted by legislatures. (In Arizona = A.R.S.)
An entity designated by a corporation or partnership to receive service of process.
This date only applies to payments made by wage assignments or income withholding orders. It is the date an employer withholds support payments from the noncustodial parent's income. This date does not apply to any other type of payment, such as tax intercepts, lottery winnings, judgment payoffs, etc. Refer to Receipt Date for these types of payments date.
An order by a court that suspends all or some of the proceedings in a case.
A voluntary agreement between opposing parties.(See also Stipulation on OL)
A signed agreement between parties used to resolve the case; legally binding upon acceptance by the court.
A court's qualification to hear a certain category of case, based on the issues addressed and the relief requested.
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.
The legal process by which the court commands a witness who has in his possession or control some specified document or item that may be pertinent to the issues of a pending controversy to produce the document(s) at court or another designated place.
Any form of service of process other than personal service such as service by mail or by publication in a newspaper, on his/her attorney of record or upon a person residing with him/her in their house.
A specific amount of money; usually refers to the amount specified in a judgment.
A notice to a defendant that an action against him or her has been commenced in the court and that a judgment will be issued against him or her if the complaint is not answered within a certain time.
The trial court having territorial jurisdiction over the entire State. Each county has a Superior Court. Arizona's court of general jurisdiction.
A public official, government, or private agency authorized to seek enforcement of support orders; seek to establish or modify support orders; request determination of parentage of a child; attempt to locate obligors or their assets; and request determination of the controlling child support order.
The central location which receives and distributes all IV-D support payments. It is also responsible for processing any adjustments to all payment transactions, regardless of where posted.
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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 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 or tribal child support agency in order to establish paternity and child support for their children from the noncustodial parent. This allows the state or tribe to recoup or defray some of its public assistance expenditures with funds from the noncustodial parent.
Temporary Assistance for Needy Families...Repealed Titles IV-A (AFDC) and IV-F (JOBS) of the Social Security Act. TANF requires the recipient to actively seek and/or train for work. Benefits are limited to 24 consecutive months with a lifetime benefit of 5 years for children.
Temporarily assigned arrears are arrears that: a. Do not exceed the total cumulative amount of unreimbursed cash assistance (URA) paid to the family as of the date that the family stops receiving cash assistance, and; b. Accrue before any period in which the family receives cash assistance when the assignment was executed on or after October 1, 1997, and; c. Are not Permanently assigned arrears, and; d. Become Conditionally assigned when the family stops receiving cash assistance. e. Beginning October 1, 2009, no new temporary assignments of unpaid support begin.
When an entity (e.g., an insurer) is obligated to reimburse the state provider for health care coverage.
A TANF program administered by a federally recognized Indian tribe or tribal organization (Tribal TANF).
A child support program administered by a federally recognized Indian tribe or tribal organization and funded under Title IV-D of the Social Security Act.
Organizations run by Native American tribes.
Any Indian or Alaskan Native tribe, band, nation, pueblo, village, or community the Secretary of the Interior acknowledges as an Indian tribe and includes in the list of federally recognized Indian tribal governments.
The court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.
Action a state must file under the Uniform Interstate Family Support Act when it does not have Long Arm Jurisdiction (that is, it cannot legally claim personal jurisdiction over a noncustodial parent who lives in another state). This may occur in cases where a state is trying to establish paternity or an initial child support order on behalf of a custodial party.
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Arrears which accrue before and during the assistance period which, when compared to the URA at the end of an assistance period, exceeds the cumulative amount of URA. Only exist on Former Assistance cases. They NEVER exist in a Current Assistance case
Support payment that cannot be disbursed because the identity of the payor or the case information is unknown or the address of the payee is unknown.
Child support payments that have been collected by child support agencies but have not yet been sent to custodial parents or other government agencies or returned to noncustodial parents.
Law enacted by all states that provides mechanisms for establishing and enforcing child support obligations in interstate cases (when a noncustodial parent lives in a different state from the child and the custodial party). Among the law’s provisions is ability of state child support agencies to send withholding orders to employers across state lines. (UIFSA does not apply to tribes.)
A model act created in 1950 and revised in 1968, which sets forth reciprocal legislation concerning the enforcement of support between the states. Replaced by UIFSA effective January 1, 1998. Replaced by UIFSA in Arizona June 1, 1995.
This amount reflects the debt accrual amount minus any monies distributed to current support or the Clearinghouse fee. This field is on the Debt Detail NCP (DEDN) screen for the debt total. This field also appears on the Case Financial Summary (CAFS) screen for the case totals (to include all debts with a current amount due)
The cumulative amount of assistance money paid to the family for all months, which has not been repaid by assigned child support payments collected.
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A legal term meaning canceled and will not automatically resume at a later date. Both hearings and court orders may be vacated. However, upon motion by either party, the action can be reset for hearing.
A debt accruing at different rates over the life of the obligation. EXAMPLE: A support order which includes a monthly support obligation that increases by a designated percentage each year or is based on a percentage of income EXAMPLE: A support order which includes a monthly support obligation based on the Consumer Price Index (CPI) or Inflationary Factor
The county or other geographical division in which an action or prosecution is brought for trial. In support cases, venue may be the county where the mother, father or children reside.
To establish the truth or truthfulness of; to check or test the accuracy of.
Term for the time a noncustodial parent spends with his or her children. States may also use the term “access” or “parenting time.” Parents can agree upon parenting time in a parenting plan or the court can establish parenting time in its order.
Alleged father’s acknowledgment that he is the biological/legal father of the child(ren) without going to court or conducting genetic testing.
Voluntary Unemployment
When a noncustodial parent is intentionally not working to avoid paying child support. If this is determined by a court, the court can impute (estimate) the noncustodial’s earnings based on certain factors.
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A procedure by which automatic deductions are made from a person’s earnings or other income to pay a debt such as child support. Wage withholding may also be called “income withholding,” “income attachment,” “income assignment,” or “garnishment.”
The intentional and voluntary relinquishment of a known legal right.
Calling the person or agency to whom the client is being referred prior to the referral to ensure they are prepared for the client.
An order issued and granting authority to a peace officer to perform some act. (Arrest the defendant)
Done intentionally as distinguished from carelessly, inadvertently or accidentally (contempt). A defendant may be held in contempt for willful failure to support.
An order issuing from a court and requiring the performance of a specified act or giving authority and permission to have it done. Example: writ of garnishment.
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Those rules put into effect by the Arizona Supreme Court to streamline the discovery process. These rules mandate that disclosure of evidence and witnesses be completed within 120 days after the filing of a civil complaint.