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Term/Acronym
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Acronym/Spelling
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Definition
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absent
parent
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See noncustodial
parent.
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accrual
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The sum
of child support payments that are due or overdue.
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adjudication
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The entry
of a judgment, decree, or order by a judge or other decision-maker such
as a master, referee, or hearing officer based on the evidence submitted
by the parties.
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administrative
process
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A statutory
system granting authority to an executive agency (instead of courts
or judges) to determine child support legal obligations, including paternity
establishment, order establishment, enforcement, and modifications.
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affidavit
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A written
Statement signed under oath or by affirmation, which is usually notarized.
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alleged
father
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A person
who has been named as the father of a child born out of wedlock, but
who has not been legally determined to be the father; also referred
to as putative father.
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Aid to
Families with Dependent Children
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AFDC
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Title
IV-A of the Social Security Act. Cash and/or medical support paid from
government funds to a parent or other approved guardian on behalf of
children who do not have the financial support of one of their parents
due to death, disability, or absence from the home.
AFDC,
the nation’s welfare program, was replaced under the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (PRWORA) by the Temporary
Assistance for Needy Families (TANF) block grant program.
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AFDC
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Aid
to Families with Dependent Children
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arrearage
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The total
unpaid child support obligation for past periods owed by a parent who
is obligated to pay.
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assessment
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Putting
the child support case together to determine what child support services
are appropriate. The first step in the child support enforcement process.
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assignment
of support rights
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As a condition
of eligibility for public assistance (TANF), the custodial parent must
agree to turn over to the State any right to child support, including
arrearages, paid by the obligated parent in exchange for receipt of
cash assistance or other benefits. The State may keep support paid,
up to the amount of the support order or the amount of the assistance
payment, whichever is less, for the period the child receives TANF to
offset the cost of the assistance.
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burden
of proof
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The duty
of a party to produce the greater weight of evidence on a point
at issue.
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case
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A collection
of people associated with a particular support order, court hearing,
and/or request for IV-D services. A case typically includes a custodial
parent, a dependent or dependents, and a noncustodial parent and/or
putative father. In addition to names and identifying information about
its members, a case includes information such as wage data, court order
details, and payment history.
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case ID
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Unique
ID number assigned to a case.
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central
registry
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A centralized
unit maintained by every jurisdiction responsible for receiving, distributing,
and responding to inquiries on all incoming IV-D cases.
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child
support
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Financial
resources contributed by noncustodial parents to provide the necessities
of living (food, shelter, clothing, medical support) to their children.
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Child
Support Enforcement Amendments (1984)
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Required
equal services for AFDC and non-AFDC families, mandatory practices,
Federal incentives, and improved interstate enforcement.
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Child
Support Recovery Act (1992)
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Made it
a Federal crime to fail to pay past-due child support obligation for
a child living in another State.
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COLA
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Cost
of Living Adjustment
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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.
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Cost of
Living Adjustment
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COLA
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complainant
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Person
who seeks to initiate court proceedings against another person. In a
civil case, the complainant is the plaintiff; in a criminal case, the
complainant is the State.
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complaint
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A formal
written document filed in court whereby the person initiating the action
provides the names the parties involved, the allegations, and the request
for relief sought; the initial pleading, sometimes called the petition.
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consent
agreement
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A voluntary
written admission of paternity or responsibility for support.
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cooperation
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As a condition
of TANF eligibility, the recipient is required to cooperate with the
child support agency in identifying and locating the noncustodial parent,
establishing paternity, and/or obtaining child support payments.
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cooperative
agreement
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An agreement
between the child support agencies and local jurisdictions for the provision
of certain child support enforcement services. This type of agreement
sets out the responsibilities of the State agency and the local agencies
under the contractual relationship.
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Court
of Continuing Exclusive Jurisdiction
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CCEJ
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Defined
in UIFSA policy, states that there is to be one and only one court which
maintains exclusive jurisdiction over a case. CCEJ helps avoid the problem
of support orders from multiple States that occurred before the passage
of UIFSA. The CCEJ is the only court that can make decisions on a current
support order and continues to have jurisdiction until another court
takes it away.
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CCEJ
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Court
of Continuing Exclusive Jurisdiction
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court
order
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A legally
binding edict from a court of law by a magistrate, judge, or properly
empowered administrative officer. A court order related to child support
dictates issues such as how often, how much, or what kind of support
a noncustodial parent (NCP) is to pay; how long he/she is to pay it;
and whether an employer must withhold support from an NCP’s wages.
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custodial
parent
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CP
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Parent
who has primary care of the child(ren), which may include having legal
custody of the child.
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CP
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custodial
parent
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custody
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Legal
custody is a legally binding determination which establishes with whom
a child should live.
Physical
custody is a physical possession of a child, regardless of the legal
custody status.
Joint
custody occurs when two persons share legal and/or physical custody
of the child.
Split
custody occurs when children from the same parents are in the legal,
sole custody of different parents.
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customer
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The people
assisted in obtaining child support. The primary customers of child
support enforcement agencies are the children in need of support. The
secondary customers are the parents of these children.
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default
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The failure
of a defendant to file an answer or response or appear in a civil case
within the required time frame after having been properly served with
a summons and complaint.
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default
judgement
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A decision
made by the court or administrative authority when the defendant fails
to respond or appear.
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defendant
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A person
against whom a civil or criminal proceeding is begun
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dependent
child
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Any person
who has not reached the age of emancipation or been legally declared
emancipated.
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disbursement
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The paying
out of collected child support funds.
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distribution
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The rules
covering the priority order for allocating child support collections.
Welfare reform legislation changes distribution priorities to provide
that families leaving welfare receive priority in payment of arrears.
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disposition
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The court’s
decision of what should be done about a dispute that has been brought
to its attention (e.g., the disposition of the court action may be that
child support is ordered.)
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due process
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The conduct
of legal proceedings according to those rules and principles which have
been established in our system of law for the enforcement and protection
of private rights. It is a safeguard against unreasonable, arbitrary,
and capricious decisions.
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enforcement
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A means
for obtaining payment of a child or medical support obligation.
Enforcement
methods include:
- Income
withholding
- State
and Federal income tax refunds offset
- Liens
against real and personal property
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establishment
of paternity
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See paternity
establishment.
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Family
Support Act (1988)
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Increased
emphasis on enforcement remedies and simplified procedures for establishing
paternity.
Required
States to automate procedures.
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federal
financial participation
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FFP
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Federal
reimbursement to the State for a percentage of their administrative
costs associated with child support enforcement.
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FFP
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federal
financial participation
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Federal
Income Tax Offset Program
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A program
under the Federal Office of Child Support Enforcement which makes available
to State child support enforcement agencies a means for securing the
income tax refund of parents who have been certified as owing at least
a specified minimum amount of child support.
State
IV-D agencies also operate State income tax refund offset programs.
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Federal
Parent Locator Service
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FPLS
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A computerized
national location network operated by the Federal Office of Child Support
Enforcement to help the States locate parents in order to obtain child
support payments. FPLS obtains address and employer information from
Federal agencies and the National Directory of New Hires.
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FPLS
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Federal
Parent Locator Service
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foster
care
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A situation
in which a child is raised in household by someone other than his or
her own parents.
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full faith
and credit
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A doctrine
under which a State must honor an order or judgment entered in another
State.
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garnishment
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A legal
proceeding whereby a person’s property, money, or credit, in the possession
of or under the control of a third party person (garnishee) is withheld
from the defendant and applied to the payment of the defendant’s debt
to the plaintiff.
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genetic
testing
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Scientific
analysis of inherited factors (usually by blood or tissue test) of mother,
child, and alleged father which can help prove or disprove that the
man is the biological father of the child.
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good cause
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A legal
reason for which a TANF recipient is excused from cooperating with the
child support enforcement process. Includes cases involving rape, incest,
and potential for harm to the custodial parent or child from the noncustodial
parent.
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guidelines
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A standard
method for calculating child support obligations based on the income
of the parent(s) and other factors as determined by State law. The Family
Support Act of 1988 requires States to use guidelines as the rebuttably
correct amount of support for each family.
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initiating
jurisdiction
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In interstate
cases, the State/county/court which sends a request for action to another
jurisdiction. In review and adjustment cases, the State in which one
of the parties requests the review.
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income
tax refund offset
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See Federal
Income Tax Offset Program.
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intake
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See assessment.
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interstate
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Cases
in which the dependent child and noncustodial parent live in different
States, or where two or more States are involved in some case activity,
such as enforcement.
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IV-D agency
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A single
and separate organizational unit in a State that has the responsibility
for administering the State Plan for child support under Title IV-D
of the Social Security Act.
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judgment
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The official
decision or finding of a judge or administrative agency hearing officer
upon the respective rights and claims of the parties to an action; also
known as a decree or order and may include the "findings of fact
and conclusions of law."
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judicial
process
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The use
of courts or tribunals in determining child support legal obligations,
including paternity establishment, order establishment, enforcement,
and modification of orders.
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jurisdiction
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The legal
authority which a court or administrative agency has over particular
persons or property and over certain types of cases. The jurisdiction
may be limited to the court’s county, circuit, district, or State.
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legal
custody
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See custody.
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legal
father
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A man
who is recognized by law as the male parent of another person.
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lien
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An encumbrance
on any real or personal property. Real estate liens (mortgages) are
usually filed where the property exists. Personal property liens are
either filed Statewide or in the county where the owner resides.
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locate
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Finding
or attempting to find a noncustodial or absent parent. Key data such
as Social security number, date of birth, residential address, and employer
are collected in an attempt to locate the individual.
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long arm
statute
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A law
which permits one State to claim jurisdiction over nonresident parties.
There must be some meaningful connection between the person and the
State in which the jurisdiction is exercised in order for it to be constitutional
to reach beyond the court’s normal jurisdictional border.
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medical
support
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Legal
provision for payment of medical and dental bills or premiums which
can be linked to a parent’s access to medical insurance.
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National
Directory of New Hires
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NDNH
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Under
PRWORA, all States are mandated to establish New Hire Reporting programs
as a tool for locating child support obligors. All employers are required
to report certain information about newly hired employees to the State
Directory of New Hires. The State Directory must perform database matching
against lists of nonpaying parents.
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NDNH
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National
Directory of New Hires
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new hires
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See National
Directory of New Hires
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non-AFDC
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An individual
who does not receive public assistance benefits but who receives child
support services from the IV-D agency.
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NCP
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noncustodial
parent
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A legal/natural
parent who resides outside the home and does not have primary custody
of a dependent. Also known as an absent parent.
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noncustodial
parent
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NCP
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obligation
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The amount
of money to be paid as support by the noncustodial parent on an ongoing
basis and the manner by which it is to be paid.
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obligee
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The person,
jurisdiction, or political subdivision to whom a duty of support is
owed. Also referred to as the custodial parent when money is owed to
the parent who resides with the child.
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obligor
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The person
owing the duty of support. Also referred to as the noncustodial parent.
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Office
of Child Support Enforcement
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OSCE
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The Federal
agency within the Administration for Children and Families in the Department
of Health and Human Services that is responsible for the administration
of the child support program.
OCSE’s
mission is to assure that assistance in obtaining support (both financial
and medical) is available to children through locating parents, establishing
paternity and support obligations, and enforcing those obligations.
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OCSE
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Office
of Child Support Enforcement
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offset
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See Federal
Income Tax Offset Program.
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Omnibus
Budget Reconciliation Act
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OBRA
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Simplified
paternity establishment process and established medical support provisions
for all children.
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OBRA
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Omnibus
Budget Reconciliation Act
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order
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A directive
of a court or administrative authority.
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pass-through
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The amount
of child support money that is determined by the State in TANF cases
to be passed through to the custodial parent.
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paternity
establishment
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The process
of determining fatherhood by court order, administrative order, acknowledgment,
or other method provided for under State law.
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partners
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The people
and organizations who help operate the child support program.
The Child
Support Enforcement program is a partnership which includes:
- The
Office of Child Support Enforcement (OCSE), including ACF Regional
Offices,
- Federal,
State, and local child support enforcement agencies, and
- Courts,
law enforcement agencies, tribunals and other entities operating under
cooperative agreements with child support enforcement agencies
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payee
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The person
who, or entity that, receives money from a person paying child support.
Used interchangeably with recipient or custodial parent in TANF cases.
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Personal
Responsibility and Work Opportunity Reconciliation Act (1996)
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PRWORA
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Legislation
which overhauled the nation’s welfare system requiring work in exchange
for time-limited assistance. The law contains strong work requirements,
a performance bonus to reward States for moving welfare recipients into
jobs, comprehensive child support enforcement, and supports for families
moving from welfare to work including increased funding for child care
and guaranteed medical coverage. Tough child support measures under
welfare reform include: a national new hire reporting system; streamlined
paternity establishment; uniform interstate child support laws; computerized
Statewide collections, and tough new penalties.
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PRWORA
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Personal
Responsibility and Work Opportunity Reconciliation Act (1996)
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physical
custody
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See custody.
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plaintiff
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A person
who brings an action; the party who complains or sues in a civil case.
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pleadings
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Statements
or allegations, presented in logical and legal form, which constitute
a plaintiff’s cause of action or defendant’s grounds of defense.
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proceeding
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The conduct
of business before a judge or hearing officer.
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private
case
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A support
case in which there is no IV-A or IV-D involvement.
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public
assistance
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Monies
provided from the Federal or State Government to families in need of
and eligible for support.
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putative
father
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See alleged
father.
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quasi-judicial
process
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A framework
or procedure under the auspices of a State’s judicial branch in which
court officers other than judges process, establish, enforce, and modify
support orders, usually subject to judicial review. The court officer
may be a magistrate, a clerk, a master or court examiner. He or she
may or may not have to be an attorney, depending on the State’s laws.
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reciprocity
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Generally,
a relationship between States or countries whereby favors (recognition)
or privileges granted by one are returned by the other.
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region
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Breakdown
of the United States and its U.S. Possessions into 10 Federal regions
for the administration of child support enforcement.
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responding
jurisdiction
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The State/county/court
which has or will have jurisdiction over a noncustodial parent under
a URESA or UIFSA order in response to a request from an initiating State.
In review and adjustment, the responding State is the State that is
requested by the initiating State to do a review of the existing support
order to determine if modification is warranted.
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review
and adjustment
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The review
of child support orders for modification in accordance with the applicable
child support guidelines.
The Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 specified
three methods for making adjustments to child support orders:
- Apply
State guidelines to adjust the order.
- Apply
a cost-of-living adjustment to the order (may be contested) .
- Use
automated methods to identify orders eligible for review, conduct
the review, and apply the appropriate adjustment (may be contested).
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service
of process
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The delivery
of a writ or summons to the party to whom it is directed for the purpose
of obtaining jurisdiction over that party.
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split
custody
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See custody.
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Social
Services Amendments (1975)
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Comprehensive
Child Support Legislation which enacted Title IV-D of the Social Security
Act.
Officially
established the Federal Office of Child Support Enforcement (OCSE).
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spousal
support
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Court
ordered support of an ex-spouse. Also referred to as maintenance or
alimony.
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State
Parent Locator Service
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SPLS
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A unit
within the IV-D program mandated to perform activities relating to the
location of noncustodial parents. The SPLS is operated by the State
Child Support Enforcement Agencies to locate noncustodial parents to
establish paternity and to establish and enforce child support obligations.
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SPLS
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State
Parent Locator Service
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stakeholders
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Those
individuals or organizations who have a legitimate interest in how our
customers are served.
Stakeholders
include:
- National
or community-based organizations that serve the interests of our customers
or partners.
- Congress
and State legislators.
- Federal,
State, and local governments such as welfare, foster care, and Medicaid
agencies.
- Hospitals,
birthing centers, and other places where paternity can be acknowledged.
- Employers,
taxpayers.
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State
Plan
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Formalized
plan developed by each State in conjunction with the Office of Child
Support Enforcement. The State Plan includes procedures for implementing
State policy and the allocation of necessary resources.
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support
order
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A legally
binding edict from a court of law that dictates conditions of support
that a noncustodial parent must pay. It can include how much is paid,
how long it is paid, and whether an employer must withhold support from
the noncustodial parent’s wages. The order can be for child, medical,
and/or spousal support.
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Temporary
Assistance for Needy Families
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TANF
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Time limited
assistance payments to lower income families. The program provides parents
with job preparation, work and support services to help them become
self-sufficient.
Replaced
Aid to Families with Dependent Children (AFDC).
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TANF
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Temporary
Assistance for Needy Families
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third
party liability
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TPL
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A public
assistance recipient may have medical insurance in addition to the medical
coverage provided by TANF or medical support. The insurance provider
is billed by Third Party Liability for medical expenses incurred by
the recipient. The State pays the difference between the amount of the
medical bill and the amount the insurance company has paid.
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TPL
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third
party liability
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TITLE
IV-A
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Part A
of Title IV of the Social Security Act contains provisions for the Temporary
Assistance for Needy Families Program (TANF) which replaced the AFDC
Program.
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TITLE
IV-D
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Part D
of Title IV of the Social Security Act mandates and contains the statutory
provisions for the child support enforcement program.
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TITLE
IV-E
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Part E
of Title IV of the Social Security Act Contains provisions for the AFDC-Foster
Care Program.
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Title
XIX
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Title
XIX of the Social Security Act mandates Medicaid coverage by the States
for AFDC recipients, and certain other means-tested categories of persons.
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tribunal
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An official
entity which establishes, enforces, and modifies support orders. Includes
courts, as well as administrative agencies.
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Uniform
Interstate Family Support Act
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UIFSA
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Supercedes
URESA. A 1992 law developed for States to replace URESA as the new interstate
statute to govern the establishment, enforcement, and modification of
child support orders and the establishment of paternity in cases where
the noncustodial parent lives in a different State than his/her child(ren).
PRWORA required all states and jurisdictions to adopt the revised version
of UIFSA into their State law no later than January 1, 1998.
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UIFSA
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Uniform
Interstate Family Support Act
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Uniform
Reciprocal Enforcement of Support Act
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URESA
|
A model
law established in 1950 that provided a mechanism for establishing,
enforcing, and modifying support obligations in interstate cases.
URESA
was replaced by the Uniform Interstate Family Support Act (UIFSA), required
in all states by January 1, 1998.
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URESA
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Uniform
Reciprocal Enforcement of Support Act
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voluntary
acknowledgement of paternity
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An acknowledgement
by a man, or both parents, that the man is the father of a child, usually
provided in writing on an affidavit or form.
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wage withholding
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A procedure
by which automatic deductions are made from wages or income to pay a
debt such as child support. The Family Support Act of 1988 required
immediate wage withholding for all support, current, and past due.
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welfare
reform
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See Personal
Responsibility and Work Opportunity Reconciliation Act.
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