23-9,101. Definitions.

23-9,101

Chapter 23.--DOMESTIC RELATIONS
Part 1.--GENERAL PROVISIONS
Article 9.--UNIFORM INTERSTATE FAMILY SUPPORT ACT

      23-9,101.   Definitions.In this act:

      (a)   "Child" means an individual, whether over or under the age of majority,who is or is alleged to be owed a duty of support by the individual's parent orwho is or is alleged to be the beneficiary of a support order directed to theparent.

      (b)   "Child support order" means a support order for a child, including achild who has attained the age of majority under the law of the issuing state.

      (c)   "Duty of support" means an obligation imposed or imposable by law toprovide support for a child, spouse or former spouse, including an unsatisfiedobligation to provide support.

      (d)   "Home state" means the state in which a child lived with a parent or aperson acting as parent for at least six consecutive months immediatelypreceding the time of filing of a petition or comparable pleading for supportand, if a child is less than six months old, the state in which the child livedfrom birth with any of them. A period of temporary absence of any of them iscounted as part of the six-month or other period.

      (e)   "Income" includes earnings or other periodic entitlements to money fromany source and any other property subject to withholding for support under thelaw of this state.

      (f)   "Income withholding order" means an order or other legal processdirected to an obligor's employer, or other debtor, as defined by the incomewithholding act, K.S.A. 23-4,105 and amendments thereto, to withhold supportfrom the income of the obligor.

      (g)   "Initiating state" means a state from which a proceedingis forwarded or in which a proceeding is filed for forwarding to a respondingstateunder this act ora law or procedure substantially similar to this act, the uniformreciprocal enforcement ofsupport act or the revised uniform reciprocal enforcement of support act.

      (h)   "Initiating tribunal" means the authorized tribunal in an initiatingstate.

      (i)   "Issuing state" means the state in which a tribunal issues a supportorder or renders a judgment determining parentage.

      (j)   "Issuing tribunal" means the tribunal that issues a support order orrenders a judgment determining parentage.

      (k)   "Law" includes decisional and statutory law and rules and regulationshaving the force of law.

      (l)   "Obligee" means:

      (1)   An individual to whom a duty of support is or is alleged to be owed orin whose favor a support order has been issued or a judgment determiningparentage has been rendered;

      (2)   a state or political subdivision to which the rights under a duty ofsupport or support order have been assigned or which has independent claimsbased on financial assistance provided to an individual obligee; or

      (3)   an individual seeking a judgment determining parentage of theindividual's child.

      (m)   "Obligor" means an individual, or the estate of a decedent:

      (1)   Who owes or is alleged to owe a duty of support;

      (2)   who is alleged, but has not been, adjudicated to be a parent of a child;or

      (3)   who is liable under a support order.

      (n)   "Register" means to file a support order or judgment determiningparentage in the responding court.

      (o)   "Registering tribunal" means a tribunal in which a support order isregistered.

      (p)   "Responding state" means a state in which a proceeding is filed or towhich a proceeding is forwarded for filing from aninitiating state under this act or a law or procedure substantiallysimilar to this act, the uniformreciprocal enforcement of support act, or the revised uniform reciprocalenforcement of support act.

      (q)   "Responding tribunal" means the authorized tribunal in a respondingstate.

      (r)   "Spousal support order" means a support order for a spouse or formerspouse of the obligor.

      (s)   "State" means a state of the United States, the District of Columbia,Puerto Rico, the United States Virgin Islands, orany territory or insular possession subjectto the jurisdiction of the United States. The term includes:

      (1)   An Indiantribe; and

      (2)   a foreign jurisdiction that has enacted a law or establishedprocedures forissuance and enforcement of support orders which are substantially similar tothe procedures under this act, the uniform reciprocal enforcement of supportact or the revised uniform reciprocal enforcement of support act.

      (t)   "Support enforcement agency" means a public official or agencyauthorized to seek:

      (1)   Enforcement of support orders or laws relating to the duty of support;

      (2)   establishment or modification of child support;

      (3)   determination of parentage; or

      (4)   to locate obligors or their assets.

      (u)   "Support order" means a judgment, decree or order, whether temporary,final or subject to modification, for the benefit of a child, a spouse or aformer spouse, which provides for monetary support, health care, arrearages orreimbursement, and may include related costs and fees, interest, incomewithholding, attorney fees and other relief.

      (v)   "Tribunal" means a court, administrative agency or quasi-judicial entityauthorized to establish, enforce or modify support orders or to determineparentage.

      History:   L. 1994, ch. 301, § 32;L. 1997, ch. 182, § 32; July 3.