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Glossary of Child Support Terms
Sections
A B C D E F G H I J L M N O P Q R S T U V W Z
Terms
Child Support Term
Definition
Absent Parent (AP)
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.)
Accrual Suspension
To stop, temporarily, a current support debt's ability to add a monthly amount to
its balance. By setting the Accrual Suspension field appropriately, ATLAS keeps
the debt from adding a monthly amount during the time period the child remains
with the noncustodial 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.
Acknowledgment of Paternity
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 constitute a
legal determination of paternity.
ACS
Automated Court Systems. It is the Maricopa County Clear of Court Automated
Court Systems pay history.
Adjudication
A final decision made by a judge in a case or court action.
Adjustment
An action taken that offsets or reverses a previous transaction.
Administration for Children and
Families
A Division of the Department of Health and Human Services (HHS) that houses
the Office of Child Support Enforcement (OCSE).
Administrative Modification
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.
Administrative Offset
Administrative Offset allows for the interception of certain federal payments in
order to collect past-due child support. Types of payments that can be intercepted
include payments to private vendors who perform work for a government agency,
federal retirement payments, and relocation and travel reimbursements owed to
federal employees. Also known as a Federal Administrative Offset (FAO)
Administrative Procedure
A procedure set up in a state agency created by statute or rule, which is used to
determine legal rights such as child support, etc., without going through the court
system.
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Child Support Term
Definition
Administrative Review
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.
Affidavit
A voluntary, sworn, notarized statement. An Affidavit is a sworn statement, it can
be witnessed or notarized.
Affidavit of Service
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 of Majority
Age at which the Duty of Support generally terminates. (Currently age 18 in
Arizona unless the child is currently 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.
Agent
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.
Agent of the Child
A person, usually a parent, who has the legal authority to act on behalf of a minor.
Aid to Families with Dependent
Children (AFDC)
Former entitlement program that made public assistance payments on behalf of
children who did not have the financial support of one of their parents by reason
of death, disability, or continued absence from the home; known in many states
as 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.
Alimony
See spousal maintenance.
Allegation
An assertion or statement made orally or in pleadings by a party to a case, setting
out 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 been
legally determined to be the father.
Allocation
A process of prorating money from one noncustodial parent to more than one
child support case.
Allowable Disposable Income
This is 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.
Annulment
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.
Answer
A pleading by the defendant in a civil case that contests or admits the plaintiff's
allegations of facts set forth in the complaint.
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Child Support Term
Definition
Appeal
A 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 Stamp
benefits or any other type of public assistance.
Application
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.
Arizona Parent Locator Service
(APLS)
A Unit in Arizona's IV-D Agency charged with the duty of locating non-custodial
parents for establishing or enforcing child support obligations.
Arrearage/Arrears
The total unpaid support obligation owed by a person under a court order to pay
support.
* COURT ORDERED ARREARAGES. The total amount of monies past due and
owing under a court order.
* 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.
* 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.
Arrearage/ Arrears Judgment
Court ordered monies past due and owing for a specific time that has been
reduced to a written money judgment.
Assignment of Rights (AOR)
Is effective by Operation of Law. The applicant/recipient (AR) assigns to the State
all rights to support he or she may receive or be owed on their own behalf or in
behalf of a dependent child. This takes place when the applicant/recipient
receives the cash assistance.
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.
ATLAS
Arizona's Tracking and Location Automated System. Arizona's statewide-
automated system for title IV-D and non IV-D child support cases.
Authenticated Copy
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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Child Support Term
Definition
Blanket Order
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.
Bond
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.)
Burden of Proof
A party’s duty to prove a fact in dispute, or an issue raised between the parties.
Caption
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.
Caretaker Relative
(grantee/relative)
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.
Case File
Data contained in ATLAS for a specific CP/NCP combination. Also referred to as
"case". Also see: File
Case Law
Issues whose outcome have been established by judicial decisions of an
appellate court in a particular case. Governs judge's decisions in similar cases.
Case Record
Folder that holds all documents pertaining to a custodial parent/person's case.
Caseworker
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.
Cash Assistance
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
Central Registry
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.
Certified Copy
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.
Certify
To confirm formally as true, accurate or genuine, especially in writing.
Change of Circumstances
The changed circumstance or condition that is substantial and continuing which
shows a need for modification of a support order.
Check
A written order to a bank or other financial institution, to pay the amount specified
from funds on deposit. ATLAS issues checks to the CP based on monies posted
to an account. These checks may contain payments for more than one case or for
more than one reason.
Child Support
An ongoing, periodic payment made by a parent for the financial support of a
child.
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Child Support Term
Definition
Child Support Agency
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.”
Child Support Arrest Warrant
(CSAW)
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.
Child Support Guidelines
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.
Child Support Order
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.
Child Support Pass-Through
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)
Child Support Program
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.
Child Support Recovery Act
(1992)
This Act makes it a federal crime to willfully fail to pay a past-due child support
obligation for a child living in another state. The past-due obligation must be either
greater than $5,000 or must have remained unpaid for more than one year.
Civil Arrest Warrant
An order issued and directed to a peace officer, or some other official,
commanding him to arrest the defendant/respondent for failure to appear in court
or failure to self-surrender to jail for contempt.
Clearinghouse
The central support payment clearinghouse established to receive, disburse, and
monitor support payments pursuant to title IV-D of the Social Security Act.
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Child Support Term
Definition
Client
A person receiving assistance (services or benefits) from the Department of
Economic Security. Note: Child Support applicants are not clients as the IV-D
Agency does not represent them. Our "client" is the State of Arizona. Our
applicants are referred to as "customers".
Code of Federal Regulations
(CFR)
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.
Comity
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.
Common Law Marriage
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.
Complainant
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.
Complaint/Petition Request
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 .
Conflict of Interest
Occurs when involvement in the case could pose ethical problems due to a
relationship to the matter or persons involved.
Consent Agreement
A voluntary agreement or order that both parties enter into and sign.
Consumer Credit Protection
Act
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.
Contempt
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.
Continuance
The postponement of a hearing or trial pending in court to a subsequent day.
Continuing Exclusive
Jurisdiction (CEJ)
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).
Controlling Order
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.
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Child Support Term
Definition
Cooperation
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.
Cost of Living Adjustment
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.
County Code
A three-digit code that identifies counties and county equivalents. County codes
are published in the Federal Information Processing Standards (FIPS).
Court Order
Command or direction of a judicial officer made and entered in writing.
Criminal Non-Support
Criminal charges that can be brought when a noncustodial parent willfully fails to
pay child support. There are criminal offenses for failure to support at both the
state and federal levels. Federal actions require some interstate activity.
CSENet
Child Support Enforcement Network. The federal "link" between the states'
automated systems. Each state can obtain information from CSENet that another
state has reported to CSENet.
Current Assistance Case
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 .
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 has
ordered a child to live (such as grantee/relative, caretaker).
Custody Order
Legally binding determination that establishes with whom a child shall live. The
meaning of different types of custody terms (e.g., joint custody, shared custody,
split custody) varies from state to state and tribe to tribe .
Deadbeat Parents Punishment
Act of 1998 (DPPA)
A federal law that imposes criminal penalties on parents who repeatedly fail to
support children living in another state or who flee across state lines to avoid
supporting them; the Deadbeat Parents Punishment Act established felony
violations for the willful failure to pay legal child support obligations in interstate
cases.
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Child Support Term
Definition
Debt Check
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 History
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.
Debt Principal
A sum of money owed for any unpaid past obligations. This debt amount excludes
any and all interest.
Default
The failure of a defendant to file an answer or appear in a civil case within the
prescribed time after having been properly served with a summons and complaint.
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.
Default Judgment (or Default
Order)
Decision made by the tribunal when the defendant fails to respond.
Defendant/Respondent
The person against whom a civil or criminal proceeding is begun.
Department of Economic
Security (DES)
The agency in Arizona that is given the responsibility to oversee the IV-D program
and to insure coordination of efforts between Child Support and Public Assistance
Agencies.
Department of Health and
Human Services (DHHS)
Federal Government agency which includes the Office of Child Support
Enforcement (OCSE). The Administration for Children and Families, which
contains OCSE, is a part of DHHS.
Dependent
A person on whose behalf a duty of support is owed.
Deviate from the Guidelines
A child support order amount that is different from the amount presumed by the
applicable child support guideline.
Disbursement
The process of releasing payment to the State, CP or Other Jurisdiction.
Discharge in Bankruptcy
The release of a person who has been pronounced bankrupt from the obligation
to pay his or her former debts. Note: Child Support debts are NOT dischargeable.
Spousal Maintenance debts ARE dischargeable.
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Child Support Term
Definition
Discretion
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.
Disestablishment
Procedure by which a tribunal can nullify an order or a determination of paternity
generally.
Dismissal
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.
Disposable pay or disposable
earnings
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.
Distribution
Applying money to one or more active debts; Lowers the balance of the debt;
ATLAS performs this process on a debt level rather than case level.
Division of Child Support
Services (DCSS)
Division of DES charged with the statewide administration and operation of the
Child Support Services program as established by Title IV-D of the Social Security
Act.
DNA Testing
The analysis of human cells to facilitate the establishment of paternity.
Docket Number
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).
Domestic Relations
Branch of the law that deals with households or family matters.
Due Process
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.
Duration of Support
The period during which a parent has an obligation to provide financial support for
a child. States have varying laws regarding duration of support.
Duty of Support
A legal obligation/ requirement to support, biological and/or adopted child(ren).
Electronic Disbursement
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 bank accounts by computer systems.
Electronic Funds Transfer
Process by which money is transmitted electronically from one bank account to
another.
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Child Support Term
Definition
Emancipation
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.
Enforcement
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 .
Establishment
The process of determining legal paternity and/or obtaining a court or
administrative order to put a child support obligation in place.
Et al.
An abbreviation of a Latin term meaning "and others."
Et seq.
An abbreviation of a Latin term meaning "and the following".
Et Rel.
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.
Execution
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 oblige.
Exemplified Copy
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.
Fair Hearing
A hearing initiated by a client request to reconsider any DES action or current
benefit level.
Family Violence Indicator
a.k.a. Non-Disclosure Indicator: (NDI) This indicator is used to designate that a
party or child has indicated that they are or 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.
Federal Case Registry (FCR)
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 OCSE.
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Child Support Term
Definition
Federal Financial Participation
(FFP)
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.
Federal Office of Child Support
Enforcement
The federal agency responsible for oversight of the Title IV-D child support
program. OCSE writes regulations that govern the state child support agencies,
which are responsible for day-to-day processing of child support cases. OCSE
also operates the Federal Parent Locator Service, which includes the Federal
Case Registry and the National Directory of New Hires. OCSE is part of the
Administration for Children and Families, within the Department of Health and
Human Services.
Federal Offset Program (FOP)
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.
Federal Parent Locator
Services (FPLS)
A computerized, national location network operated by OCSE. 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).
Federal Tax Refund Offset
Program
The process that collects past-due child support amounts from noncustodial
parents through interception of their federal income tax refunds.
Filing fee
A fee charged by a court for filing legal documents
Financial Institution Data Match
(FIDM)
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).
Financial Management Service
(FMS)
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.
Finding of Fact
That part of a court order which details the determination from the evidence of a
case and upon which the judicial decision is based.
FIPS Code
Federal Information Processing Standards Code. A numerical designation for
jurisdictions; a two-character state identifier coupled with a three-character county
identifier. ATLAS 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.
Foreign Reciprocating Country
A foreign country with which the United States has signed a bilateral agreement
ensuring reciprocity in child support enforcement.
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Child Support Term
Definition
Formalized Order
A ruling, finding, judgment or award by the court that is in its proper form AND
signed by a judge.
Former Assistance Case
A case where the children formerly received Title IV-A (AFDC or TANF) or Title
IV-E foster care services.
Full Faith & Credit
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).
Futures
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) - ATLAS
holds until SRD = current date Manually assigned for seasonal payments (such as
teachers) when court ordered. Example: The NCP is a seasonal worker and has a
current support balance of $251. The NCP pays $502. ATLAS sets up a $251
payment for the current month's processing (when the debt balance shows $251).
The following month ATLAS releases the remaining $251 receipt for distribution
and disbursement.
Garnishee
A person upon whom a garnishment is served to institute garnishment
proceedings: the person garnished for child support.
Garnishment
A legal proceeding under which a part of a person’s (garnishee) wages or assets
are withheld for payment of a debt.
Genetic Testing
Genetic Testing for paternity: Analysis of specific genetic markers (usually taken
by buccal swab) to identify the same or similar inheritance patterns related
between the mother, father and child. The child has one half of the DNA markers
from the mother and one half from the father.
Good Cause
Good cause can be claimed by a public assistance recipient when he/she fears
for the child's or his/her own safety from the AF/NCP. 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.
Grant Amount
Amount of public assistance granted to a family.
Gross Monthly Income
Total monthly income from all sources before deductions, exemptions, or other
tax reductions.
Hard Copy
Printed inquiry screen image; computer output printed on paper.
High Level Client Index (HLCI)
A common computer program within DES that lists a client and denotes which
DES program(s) he/she is involved in.
Page 13 of 31
Child Support Term
Definition
Home State
State 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.
Imputing Income
A method of determining child support amount that is ordered based on a
presumed income and/or assets rather than actual pay.
In-Kind Support
Non-cash support payments such as food or clothing provided to a custodial
parent or child in lieu of cash support payments.
Inadmissible
Objectionable evidence or testimony which, under the established rules of
evidence, cannot be considered by the trier of fact.
Income
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.
Income Withholding Order
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.
Indian Tribe
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.
Indigent
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.
Initiating Case
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).
Page 14 of 31
Child Support Term
Definition
Initiating 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
Initiating Order
An Arizona order that has been forwarded to another jurisdiction for enforcement.
(Arizona entered the order and is the initiating state.)
Initiating State
The state in which an intergovernmental proceeding is commenced; state where
the obligee (custodial parent) is located.
Intercept
Seizure of the non-custodial 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.
Interest
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).
Interest Accrual
The amount of interest that accrues on an unpaid child support obligation.
Interest Override
An action taken to stop the automatic interest calculation on certain types of debt
principal.
Interface
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
Intergovernmental cases are cases where the non-custodial 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.
International IV-D Case
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.
Interstate
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.)
Page 15 of 31
Child Support Term
Definition
Interstate Case Reconciliation
An OCSE 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.
Interstate Central Registry
The unit in each state child support agency that is responsible for receiving,
distributing and responding to inquiries on all incoming interstate cases.
Interstate IV-D Case
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
Interstate Roster and Referral
Guide
An online compilation of state, tribal, and international child support agencies’
contact and policy information.
Intra-state
A case which involves two or more jurisdictions within a state.
Issuing State
The state in which a court or tribunal issues a support order or renders a
judgment determining paternity.
IV-A
Title IV-A of the Social Security Act is that portion of the Federal law covering the
public assistance program (FAA).
IV-D
Refers to Part D of title IV of the Social Security Act. Title IV-D established the
child support program.
IV-D Agency
A single and separate organizational unit in a State that has the responsibility for
administering the State Plan under Title IV-D of the Social Security Act.
IV-D Case File
A child support case file that is stored electronically on a state’s electronic case
management system for which the IV-D agency has the responsibility of
managing child support payments or child support enforcement case activities.
IV-D Child Support Program
The federal/state/local and tribal child support programs established under Title
IV-D of the Social Security Act.
IV-E
Title IV-E of the Social Security Act which provides for foster care maintenance
payments for children who are IV-E eligible.
Joint Legal Custody
The legal term used when both parents share decision-making abilities for their
child(ren).
Judgment
The official decision or finding of a judge or administrative agency hearing officer
upon the respective rights and claims of the parties to an action; also known as a
decree or order. It may include the “findings of fact and conclusions of law.”
Judicial Modification
The method used in court proceedings to modify or change a court order.
Page 16 of 31
Child Support Term
Definition
Judicial Officer
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.
Judicial Process
The use of tribunals in determining child support legal obligations including
paternity establishment, order establishment, enforcement, and modifications of
orders.
Jurisdiction
The power or authority of the Court to hear and decide a case over persons,
subject matter or property.
Law Enforcement Officials
District Attorney, Attorney General County Attorney and similar public attorneys,
prosecutors and their staff. Also includes any police, sheriff or State Public Safety
Departments.
Legal Custody
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
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
Legal Father
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.
Legal Obligation
Those duties and responsibilities established and enforced by a court.
Legally Presumed Father
Legally Presumed Father (LPF) A leally 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.
Levy
The seizure and possible subsequent sale of assets, including personal property,
to satisfy a child support debt.
Lien
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.
Litigation
An action in which a controversy is brought before the court.
Page 17 of 31
Child Support Term
Definition
Local Case
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.
Locate
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.
Locate Information
Data used to locate putative fathers, noncustodial parents or custodial parents.
May include their Social Security number, date of birth, residential address, and
employer.
Long-Arm Jurisdiction
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)
Long-Arm Statutes
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.
Medicaid program
A state program administered by the state that provides federally funded medical
support for low-income or indigent families.
Medical Assistance Only
(MAO)
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.
Medical Child Support Order
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
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)
Page 18 of 31
Child Support Term
Definition
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 administrative 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.
Minimum Contact
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.
Minute Entry
Notes taken by the judge's clerk during a hearing or trial. (Summary of what
happened at the Court hearing.)
Modification of an Order
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.
Monthly Support Obligation
The amount of money a noncustodial parent or party is required to pay each
month for child and/or spousal support.
Motion
A request to a judge or commissioner for an order or ruling.
Motion to Consolidate
A request to the court to combine several court orders into one.
Motion to Correct
A request to the court to correct an error in an existing order. Generally used to
correct typographical errors.
Multiple Action Cases
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.
Multistate Employer
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.
Multistate Financial Institution
(MSFI)
A financial institution that conducts business in two or more states.
Multistate Financial Institution
Data Match (MSFIDM)
Process by which delinquent child support obligors are matched with accounts
held in financial institutions doing business in more than one state.
Page 19 of 31
Child Support Term
Definition
National Automated Clearing
House Association (NACHA)
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.
National Directory of New Hires
(NDNH)
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. OCSE 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.)
National Medical Support
Notice (NMSN)
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.
Never Assigned Arrears
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 Case
(NAI / NAO)
Any IV-D case which has never received public assistance AFDC or TANF
assistance.
New Arrearages/ Arrears
Any unpaid past-due child support debt that has accumulated since the last court
order
New Hire Reporting
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.
Non IV-D Case
A case in which the state is not providing IV-D services and there is no current
application for IV-D services, Services are provided by the County Clerk of court
to families that have a support order established or registered in Arizona.
Non IV-D Orders
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.
Page 20 of 31
Child Support Term
Definition
Non-Assistance Case
Never Assistance (NAI, NAO) - Any IV-D case which has never received
assistance (NAI/NAO).
Noncustodial Parent (NCP)
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.
Non-disclosure Finding
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).
Non-divisible Order
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.
Non-Public Assistance (NPA)
Child support cases in which the custodial parent and family are NOT receiving
public assistance.
Non-Public Assistance (NPA)
Arrears
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.
Notary Public
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.
Notice
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.
Nunc pro tunc
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.)
Objection
The act of a party who takes exception to some matter of proceeding in the
course of a trial or hearing.
Obligation of Support
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.
Obligee
The person to whom a duty of support is owed. (also see plaintiff/petitioner)
Obligor
The person ordered to pay child support.
Office of Child Support
Enforcement (OCSE)
The federal agency responsible for the administration and oversight of the Child
Support Enforcement Program in all states, authorized by Title IV-D of the Social
Security Act.
Page 21 of 31
Child Support Term
Definition
Offset
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.
Order
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.
Order of Assignment
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.
Order to Show Cause/Order to
Appear
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.
Order/Notice to Withhold
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.
Overrule
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.
Parentage
The legal mother-child relationship and father-child relationship as determined by
the state.
Parenting Plan
A Parenting Plan establishes specific parameters for legal decision-making and
parenting time.
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.)
Party
A person involved in a legal transaction or court proceeding.
Passport Denial
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 OCSE to
request the State Department remove him/her from the program.
Past Due
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.
Page 22 of 31
Child Support Term
Definition
Paternity
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.
Paternity Case
A case that does not have an established legal father for a child born out of
wedlock.
Payee
The person to whom monies are to be paid. (See obligee.)
Payment History
A documented account of child support payments received. Most payment
documents are maintained by the Clerk of Court or the Child Support Services
Clearinghouse.
Payor
Person who makes a payment, usually a noncustodial parent or someone acting
on their behalf.
Pendente life
A temporary order entered by the Court pending a final judgment or order.
Per Child 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
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.
Personal Jurisdiction
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.
Personal Property
Any property (such as cash, liquid assets, automobiles, etc.) other than real
property belonging to an individual.
Personal Service
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
Petition
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.
Plaintiff/Petitioner
The person who files a civil action. The plaintiff is also called the "petitioner."
Pleading
Statements or allegations, presented in logical and legal form, which constitute a
plaintiff’s cause of action or a defendant’s grounds of defense.
Page 23 of 31
Child Support Term
Definition
Post-Judgment Remedies
Actions that may be used to enforce a judgment. (Example: liens against property
and garnishment.)
Post-Paternity
The status of a case once the issue of paternity has been decided.
Posting Date
The date a support payment is entered into the ATLAS system.
Pre-Filing Conference
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.
Presumption
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.
Presumption of Paternity
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.
Prevailing Party
The one in whose favor the decision is rendered and judgment is entered.
Prima Facie Case
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.)
Primary Informant (PI)
The person in a public assistance case who provides the IV-D agency with
requested information.
Private Case
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.
Pro Per (Pro Se)
When a party represents himself in a legal matter, rather than being represented
by a lawyer.
Pro Tem
Temporary judge or commissioner.
Proactive Matching
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.
Probability of paternity
The probability that the alleged father is the biological father of the child as
indicated by genetic test results.
Proceeding
The conduct of business before a judge or administrative hearing officer.
Process Server
A person authorized as an officer of the court to deliver a writ, summons, or other
notice to the directed party.
Processing Date
The date the ATLAS system originally processes a payment that has been
posted.
Page 24 of 31
Child Support Term
Definition
Prompt Notice
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.
PRWORA
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.
Public Assistance (PA)
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.
Public Assistance (PA) Arrears
PA arrears are those arrears that accumulated while the CP is on Public
Assistance.
Putative Father
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.
Qualified Medical Child Support
Order (QMCSO)
A medical child support order which creates or recognizes the existence of a
child's right to receive medical benefits which the responsible parent is eligible for
under a group health plan.
Quarterly Wage Data
Wage earnings reported for a quarter of the fiscal year.
Quash
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.
Quasi-Judicial
Relating to or involving an executive or administrative official’s adjudicative acts
RAC
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.
Real Property
Land or land-related property, such as houses and buildings.
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Child Support Term
Definition
Rebuttal Presumption
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.
Receipt
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.
Receipt Date
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.
Reciprocity/Reciprocal
The process by which one jurisdiction grants certain privileges to another
jurisdiction on the condition that it receives the same privileges.
Recognized Order
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)
Record
1. (n.) 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.
Recording a Judgment
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.
Recoupment
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.
Redirection of Payments
An action which changes the destination of payment (where it is sent).
Referral
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).
Registering Court
Any court or tribunal in which a foreign support order is filed, making it
enforceable as if it were that state's own order.
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Child Support Term
Definition
Registration of an Order
The enrollment or insertion of another state's order into an Arizona Court's docket
thereby making it an Arizona order.
Reimbursement Reimbursable
To pay back or compensate for money spent. This equals retained.
Relief
Assistance, benefits or remedy which a complaining party seeks from the court.
Request
See complaint
Respondent
The party who must answer the complaint. (Defendant)
Responding Case
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.
Responding Jurisdiction
The court or administrative agency with authority over a noncustodial parent or
child support order on which an initiating jurisdiction has requested action
Responding Order
An order entered by the responding jurisdiction at the request of the initiating
jurisdiction.
Responding State
The state that is providing services in response to a referral from the initiating
state in an intergovernmental case. (from the Intergovernmental Child Support–
Final Rule definition) The state where the obligor resides.
Responsible Parent
The parent that is legally responsible to provide financial support for a dependent
child.
Retainable
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
Retroactive Support
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.
Return of Service
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.)
Review and Adjustment
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)
RRC
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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Child Support Term
Definition
Satisfaction of Judgment
A document indicating that both the principal and interest of a judgment has been
paid-in-full.
Service by Publication
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.
Service of Process
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.
Spousal Maintenance
Support for a 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)
Show Cause
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.
Simple Interest
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.
Site Code
1. A code that identifies a Department of Economic Security office location. 2. The
interoffice mailing address for a Cost Center.
Sole Legal Decision Making
One parent has the legal right to make major decisions for the child without the
other parent’s input.
Spousal Maintenance
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)
State Directory of New Hires
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.
State Disbursement Unit
The single entity in a state that receives and distributes child support payments.
State Parent Locator Service
(SPLS)
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.
State Retainable
The amount the state can collect AND keep to recover the TANF (AFDC) or IV-E
foster care grant monies expended.
State's Entry of Appearance
Pleading filed with the court when the state is now involved with a case but was
not at the initial filing of the case.
Page 28 of 31
Child Support Term
Definition
State Retainable
The amount the state can collect AND keep to recover the TANF (AFDC) or IV-E
foster care grant monies expended.
State's Entry of Appearance
Pleading filed with the court when the state is now involved with a case but was
not at the initial filing of the case.
Statute of Limitations
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.
Statutes
Laws enacted by legislatures. (In Arizona = A.R.S.)
Statutory Agent
An entity designated by a corporation or partnership to receive service of process.
Statutory Receipt Date (SRD)
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 non-custodial 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.
Stipulate
A voluntary agreement between opposing parties.(See also Stipulation on OL)
Stipulation
A signed agreement between parties used to resolve the case; legally binding
upon acceptance by the court.
Subject Matter Jurisdiction
A court's qualification to hear a certain category of case, based on the issues
addressed and the relief requested.
Subpoena
An order for a person to appear in court and/or to produce documents.
Subpoena Duces Tecum
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.
Substituted Service
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.
Sum Certain
A specific amount of money; usually refers to the amount specified in a judgment.
Summons
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.
Superior Court
The trial court having territorial jurisdiction over the entire State. Each county has
a Superior Court. Arizona’s court of general jurisdiction.
Support Payment
Clearinghouse
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.
Page 29 of 31
Child Support Term
Definition
TANF
Time-limited public assistance payments made to poor families, based on Title IV-
A of the Social Security Act. TANF replaced Aid to Families with Dependent
Children 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.
TANF Review and Adjustment
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
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.
Tribal IV-D Program
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.
Tribal Organizations
Organizations run by Native American tribes.
Tribunal
The court, administrative agency or quasi-judicial entity authorized to establish,
enforce or modify support orders or to determine parentage.
Unassigned arrears
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
Uniform Interstate Family
Support Act (UIFSA)
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.)
Uniform Reciprocal
Enforcement of Support Act
(URESA)
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.
Page 30 of 31
Child Support Term
Definition
Unpaid Monthly Accrual
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)
Unreimbursed Assistance
(URA) or Unreimbursed Public
Assistance (UPA (Federal)
The cumulative amount of assistance money paid to the family for all months,
which has not been repaid by assigned child support payments collected.
Vacated
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.
Variable Obligation
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
Venue
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.
Verified
To establish the truth or truthfulness of; to check or test the accuracy of.
Visitation
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.
Voluntary Acknowledgment
Alleged father’s acknowledgment that he is the biological/legal father of the
child(ren) without going to court or conducting genetic testing.
Wage Withholding
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.”
Waiver
The intentional and voluntary relinquishment of a known legal right.
Warrant
An order issued and granting authority to a peace officer to perform some act.
(Arrest the defendant)
Willful
Done intentionally as distinguished from carelessly, inadvertently or accidentally
(contempt). A defendant may be held in contempt for willful failure to support.
Writ
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.
Page 31 of 31
Child Support Term
Definition
Zlacket Rules
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.
