Glossary Of Child Support Terms - Arizona

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Glossary of Child Support TermsSectionsA B C D E F G H I J L M N O P Q R S T U V WZTermsChild Support TermDefinitionAbsent Parent (AP)Any individual who is now or who may eventually be absent from the home and islegally responsible for providing financial and/or medical support for a dependentchild. (See Noncustodial Parent, NCP, for current usage.)Accrual SuspensionTo stop, temporarily, a current support debt's ability to add a monthly amount toits balance. By setting the Accrual Suspension field appropriately, ATLAS keepsthe debt from adding a monthly amount during the time period the child remainswith the noncustodial parent. When an Order specifies the NCP does not owechild support for specific months (the child is in the NCP's custody). The debt canbe set up with no current support accrual during those months.Acknowledgment of PaternityA voluntary recognition by a man, or both parents, that the man is the father of achild, usually provided in writing in an affidavit or a similar sworn statement. Awitnessed acknowledgment of paternity that is signed by both parents constitute alegal determination of paternity.ACSAutomated Court Systems. It is the Maricopa County Clear of Court AutomatedCourt Systems pay history.AdjudicationA final decision made by a judge in a case or court action.AdjustmentAn action taken that offsets or reverses a previous transaction.Administration for Children and A Division of the Department of Health and Human Services (HHS) that housesFamiliesthe Office of Child Support Enforcement (OCSE).Administrative ModificationThe method an executive agency uses to modify a child support order, typicallywithout having a court hearing. Arizona is a judicial state and does not modifycourt orders administratively.Administrative OffsetAdministrative Offset allows for the interception of certain federal payments inorder to collect past-due child support. Types of payments that can be interceptedinclude payments to private vendors who perform work for a government agency,federal retirement payments, and relocation and travel reimbursements owed tofederal employees. Also known as a Federal Administrative Offset (FAO)Administrative ProcedureA procedure set up in a state agency created by statute or rule, which is used todetermine legal rights such as child support, etc., without going through the courtsystem.Page 1 of 31

Child Support TermDefinitionAdministrative ReviewNon-judicial review, conducted by the IV-D agency or its agents of case actions,requested by the custodial parent/person, the noncustodial parent or theirrepresentative.AffidavitA voluntary, sworn, notarized statement. An Affidavit is a sworn statement, it canbe witnessed or notarized.Affidavit of ServiceA written statement under oath by a licensed process server stating adefendant/respondent was served. Personal service is on the specific individualnamed in the court action. Substitute service is on a person of sufficient age anddiscretion to give the papers to the subject.Age of MajorityAge at which the Duty of Support generally terminates. (Currently age 18 inArizona unless the child is currently attending high school or a certified highschool equivalency program, in which case support will continue to age 19, or thecourt enters an order otherwise) AKA: Age of emancipation.AgentA person authorized by another to act for him or her; a substitute or a deputyappointed by a person and given discretionary power to act on his/her behalf. Seealso Power of Attorney.Agent of the ChildA person, usually a parent, who has the legal authority to act on behalf of a minor.Aid to Families with Dependent Former entitlement program that made public assistance payments on behalf ofChildren (AFDC)children who did not have the financial support of one of their parents by reasonof death, disability, or continued absence from the home; known in many statesas AFDC (Aid to Families with Dependent Children). Replaced with TemporaryAssistance for Needy Families (TANF) under the Personal Responsibility andWork Opportunity Reconciliation Act (PRWORA) in 1997.AlimonySee spousal maintenance.AllegationAn assertion or statement made orally or in pleadings by a party to a case, settingout what is expected to be proved.Alleged Father (AF)A man named as the father of a child born of unmarried parents who has not beenlegally determined to be the father.AllocationA process of prorating money from one noncustodial parent to more than onechild support case.Allowable Disposable IncomeThis is the maximum amount available for child support withholding, calculated byapplying a state’s limitations or the Consumer Credit Protection Act (CCPA) limitsto the noncustodial parent’s disposable income.AnnulmentAn annulment is a legal procedure for declaring a marriage null or void. Voidmarriage is one that never existed by law and a voidable marriage is one in whichthe marriage continues until one party exercises their right to have it annulled.AnswerA pleading by the defendant in a civil case that contests or admits the plaintiff'sallegations of facts set forth in the complaint.Page 2 of 31

Child Support TermDefinitionAppealA request of a party to a higher court to review the rulings made by a lower court.Applicant\Recipient (AR)One who applies for and receives TANF, Medical Assistance or Food Stampbenefits or any other type of public assistance.ApplicationA request for child support services under Title IV-D of the Social Security Act,made on a form prescribed by the IV-D Agency.Arizona Parent Locator Service A Unit in Arizona's IV-D Agency charged with the duty of locating non-custodial(APLS)parents for establishing or enforcing child support obligations.Arrearage/ArrearsThe total unpaid support obligation owed by a person under a court order to paysupport.* COURT ORDERED ARREARAGES. The total amount of monies past due andowing under a court order.* STATE ASSIGNED ARREARAGES. The total amount of support monies pastdue and owing under a court order, that have been assigned to the State. AllSUPPORT monies past due from the beginning of the original order to the datethe CP ceases to receive public assistance, up to the amount of assistance paidare required to be assigned when AFDC / TANF is granted.* CP SUPPORT ARREARAGES. The total amount of support monies past dueand owing under a court order that have not been assigned to the State, i.e., theportion of the court ordered SUPPORT arrearages that has accrued AFTER theCP 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 assistancecases and never assigned arrears in current non-public assistance cases. Each ofthese are defined in their appropriate alphabetical placement.Arrearage/ Arrears JudgmentCourt ordered monies past due and owing for a specific time that has beenreduced to a written money judgment.Assignment of Rights (AOR)Is effective by Operation of Law. The applicant/recipient (AR) assigns to the Stateall rights to support he or she may receive or be owed on their own behalf or inbehalf of a dependent child. This takes place when the applicant/recipientreceives the cash assistance.AssistanceMeans cash benefits received under title IV-A (TANF / AFDC etc.) and medicalassistance through the AHCCCS (Arizona Health Care Cost ContainmentSystem) program.ATLASArizona's Tracking and Location Automated System. Arizona's statewideautomated system for title IV-D and non IV-D child support cases.Authenticated CopyA declaration made by a proper official in which he/she certifies that a record is inlawful form and that the person who certified the document is the officer appointedto do so. In certification a court officer states that a document is a true copy of theoriginal.Page 3 of 31

Child Support TermDefinitionBlanket OrderA support order which fixes a monthly amount for the children and which wouldnot decrease upon emancipation of the individual children. AKA: Non-divisibleorder.BondAn obligation put in writing and secured by assets, that guarantees theperformance of a specific act. (e.g., will appear at court, will pay support, etc.)Burden of ProofA party’s duty to prove a fact in dispute, or an issue raised between the parties.CaptionThe heading or introductory part of a pleading or form that indicates the names ofthe parties, name of the court, docket number, title of action, etc.Caretaker Relative(grantee/relative)The person caring for a child’s health or welfare who has physical or legal custodyof a dependent child but who is not a parent of the child.Case FileData contained in ATLAS for a specific CP/NCP combination. Also referred to as"case". Also see: FileCase LawIssues whose outcome have been established by judicial decisions of anappellate court in a particular case. Governs judge's decisions in similar cases.Case RecordFolder that holds all documents pertaining to a custodial parent/person's case.CaseworkerA person who does the casework on a child support case and follows the laws ofthe state of Arizona and DCSS Policy and Procedures.Cash AssistanceAssistance given by the Temporary Assistance for Needy Families (TANF)program to provide assistance to needy families so that children can be cared forin their own homesCentral RegistryA centralized unit maintained by a state child support agency that is responsiblefor receiving, distributing, and responding to inquiries on interstate child supportcases. Tribal programs currently do not have a centralized unit.Certified CopyA copy of a document or record, signed by an officer of the court or tribunal whohas 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 andcorrect copy of the original.CertifyTo confirm formally as true, accurate or genuine, especially in writing.Change of CircumstancesThe changed circumstance or condition that is substantial and continuing whichshows a need for modification of a support order.CheckA written order to a bank or other financial institution, to pay the amount specifiedfrom funds on deposit. ATLAS issues checks to the CP based on monies postedto an account. These checks may contain payments for more than one case or formore than one reason.Child SupportAn ongoing, periodic payment made by a parent for the financial support of achild.Page 4 of 31

Child Support TermDefinitionChild Support AgencyThe agency that exists in every state or tribe to locate noncustodial parents orputative fathers; establish, enforce, and modify child support orders; and collectand distribute child support money. The agency is operated by state, tribal or localgovernment according to the Child Support Enforcement program guidelines asset forth in Title IV-D of the Social Security Act. Also known as a “IV-D Agency.”Child Support Arrest Warrant(CSAW)An order that is issued by a judicial officer in a non-criminal child support matterthat directs a peace officer in this state to arrest the person named in the warrantand 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 specifictime and location;2. The person received actual notice of the order, including a warning thatthe failure to appear might result in the issuance of a child support arrestwarrant;3. The person failed to appear.Child Support GuidelinesA standard method for setting child support obligations, using a mathematicalformula and based on the income of one or both parent(s) and other factorsdetermined by state or tribal law. The Family Support Act of 1988 requires statesto use guidelines to determine the amount of support for each family, unless theyare rebutted by a written finding that applying the guidelines would beinappropriate to the case.Child Support OrderA court order that sets an amount of money to be provided by a parent for thesupport of the parent’s child and/or a responsibility to provide health insurance ormedical support for the child. A child support order may include a judgment forpast support of a child or a judgment on child support arrears.Child Support Pass-ThroughProvision by which states can disburse part of a child support payment collectedon behalf of a public assistance recipient instead of keeping the funds toreimburse the state and disregard the payment in determining eligibility forassistance. Tribal programs also have a choice in adopting pass-through. Alsoknown as child support “disregard.” (See also: Public Assistance)Child Support ProgramThe federal/state/local and tribal partnerships established under Title IV, Part D ofthe Social Security Act to locate parents; establish paternity; and establish,modify, and enforce child support orders.Child Support Recovery Act(1992)This Act makes it a federal crime to willfully fail to pay a past-due child supportobligation for a child living in another state. The past-due obligation must be eithergreater than 5,000 or must have remained unpaid for more than one year.Civil Arrest WarrantAn order issued and directed to a peace officer, or some other official,commanding him to arrest the defendant/respondent for failure to appear in courtor failure to self-surrender to jail for contempt.ClearinghouseThe central support payment clearinghouse established to receive, disburse, andmonitor support payments pursuant to title IV-D of the Social Security Act.Page 5 of 31

Child Support TermDefinitionClientA person receiving assistance (services or benefits) from the Department ofEconomic Security. Note: Child Support applicants are not clients as the IV-DAgency does not represent them. Our "client" is the State of Arizona. Ourapplicants are referred to as "customers".Code of Federal Regulations(CFR)Rules implementing federal statutes. In IV-D, 45 CFR Part 300 - 399, are thefederal laws that give authority, and mandate, each state to enforce child supportorders by taking specific actions within designated time frames.ComityRecognition that one jurisdiction allows within its territory to the legislative,executive or judicial action of another jurisdiction, not out of obligation but out ofcourtesy and mutual respect.Common Law MarriageA marriage that requires a positive mutual agreement, which is permanent andexclusive of all others, to enter into a marriage relationship without a ceremonyand issuance of a license. Note: Not recognized in Arizona. However, Arizona willacknowledge common law marriages from those states which do or did recognizethe common law marriage.ComplainantA person or agency who seeks to initiate court proceedings against anotherperson. In a civil case the complainant is the plaintiff or petitioner; in a criminalcase the complainant is the State. In IV-D cases, the state is the complainant inmany proceedings.Complaint/Petition RequestThe formal written document filed in a court which sets forth the names of theparties, the allegations, and the request for relief sought. Sometimes called theinitial pleading or petition .Conflict of InterestOccurs when involvement in the case could pose ethical problems due to arelationship to the matter or persons involved.Consent AgreementA voluntary agreement or order that both parties enter into and sign.Consumer Credit ProtectionActFederal law that limits the amount that may be withheld from earnings to satisfychild support obligations and other garnishments. State or tribal law may furtherlimit the amount that can be withheld from a person’s paycheck.ContemptA determination that a person who has the ability to obey a court order haswillfully disobeyed or failed to comply with the court order.ContinuanceThe postponement of a hearing or trial pending in court to a subsequent day.Continuing ExclusiveJurisdiction (CEJ)A right of a state court or tribunal to exercise singular authority over a court orderat any one time. CEJ is based on subject matter and personal jurisdiction. UnderUIFSA the state issuing the support order has CEJ as long as it remains theresident state of the obligor, the obligee and/or the child(ren).Controlling OrderThe one order that must be used by all states and tribes for enforcement andmodification actions going forward. In cases involving multiple orders issued priorto the enactment of UIFSA, UIFSA provides rules for determining the controllingorder, the one order to be prospectively enforced. UIFSA does not apply to tribes.Page 6 of 31

Child Support TermDefinitionCooperationWorking or acting together toward a common end or purpose. IV-A and Medicaidapplicants and recipients must cooperate in "good faith" (provide knowninformation, in establishing paternity and obtaining support by providing thefather's name and other information required by the IV-D agency. They must alsoappear at interviews and hearings and submit to genetic tests pursuant to anorder. States may not require recipients to sign voluntary acknowledgment ofpaternity or otherwise relinquish rights to genetic tests as a condition ofcooperation. Cooperation is determined by the IV-D agency and the findings arereported to the referring public assistance agency.Cost of Living AdjustmentModification of the amount of a support obligation based on the economy’sincreasing or decreasing cost of the necessities of life, such as food, shelter, andclothing.County CodeA three-digit code that identifies counties and county equivalents. County codesare published in the Federal Information Processing Standards (FIPS).Court OrderCommand or direction of a judicial officer made and entered in writing.Criminal Non-SupportCriminal charges that can be brought when a noncustodial parent willfully fails topay child support. There are criminal offenses for failure to support at both thestate and federal levels. Federal actions require some interstate activity.CSENetChild Support Enforcement Network. The federal "link" between the states'automated systems. Each state can obtain information from CSENet that anotherstate has reported to CSENet.Current Assistance CaseA case where the children are: (1) recipients of Temporary Assistance for NeedyFamilies (TANF) under Title IV-A of the Social Security Act or (2) entitled to FosterCare maintenance payments under Title IV-E of the Social Security Act. Inaddition, the children’s support rights have been assigned by a caretaker relativeto a state or tribe, and a referral to the state or tribal child support agency hasbeen made. Also a TANF IV-D Case or Foster Care IV-D Case .Custodial Parent/ Person (CP)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 hasordered a child to live (such as grantee/relative, caretaker).Custody OrderLegally binding determination that establishes with whom a child shall live. Themeaning of different types of custody terms (e.g., joint custody, shared custody,split custody) varies from state to state and tribe to tribe .Deadbeat Parents PunishmentAct of 1998 (DPPA)A federal law that imposes criminal penalties on parents who repeatedly fail tosupport children living in another state or who flee across state lines to avoidsupporting them; the Deadbeat Parents Punishment Act established felonyviolations for the willful failure to pay legal child support obligations in interstatecases.Page 7 of 31

Child Support TermDefinitionDebt CheckA program developed by the Treasury Department’s Financial ManagementService that allows agencies and outside lenders to determine whether applicantsfor federal loans, loan insurance or loan guarantees owe delinquent child supportor non-tax debt to the federal government. Federal agencies are required to denyloans, loan insurance, or loan guarantees to individuals who owe delinquent childsupport if those debts have been referred to the Treasury Offset Program (TOP)for administrative offset

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.” Child Support Arrest Warrant (CSAW) An order that is issued by a ju dicial officer in a non ...