39-7,138. Definitions.
39-7,138
39-7,138. Definitions.The following definitions shall apply in any IV-Dadministrative proceeding related to K.S.A. 39-7,137 through39-7,152 and amendmentsthereto, except where the context requires otherwise.
(a) "Account" means a demand deposit account, checking or negotiablewithdrawal order account, savings account, time deposit account or money-marketmutual fund account.
(b) "Arrearages" means past due support under any support order of anytribunal of this or any other state, including but not limited to the unpaidbalance of any costs awarded, public assistance debt or accrued interest.
(c) "Business day" means a day on which state offices in Kansas are open forregular business.
(d) "Cash asset" means any intangible property that consistently maintains afair market value of one dollar per unit. It shall be presumed that anyaccount held by a financial institution and from which the obligor may makecash withdrawals, with or without penalty, consists entirely of cash assets.
(e) "Current support" includes but is not limited to the duty to provide fora child's ongoing medical needs through cash, insurance coverage or othermeans. "Current support" does not include any periodic amount specified todefray arrearages.
(f) "Custodial parent" means the parent or other person receiving IV-Dservices on the child's behalf and may include an agency acting in locoparentis, a guardian, or a blood or adoptive relative with whom the childresides.
(g) "Duty of support" means any duty to support another person that isimposed or imposable by law or by any order, decree or judgment of anytribunal, whether interlocutory or final or whether incidental to a proceedingfor divorce, judicial separation, separate maintenance or otherwise, includingbut not limited to the duty to provide current support, the duty to providemedical support, the duty to pay birth expenses, the duty to pay a publicassistance debt and the duty to pay arrearages.
(h) "Financial institution" means any financial institution as defined in469A of the federal social security act (42 U.S.C. § 469A) and amendmentsthereto.
(i) "Holder" means any person who is or may be in possession or control ofany cash asset of the responsible parent.
(j) "IV-D" or "title IV-D" means part D of title IV of the federal socialsecurity act (42 U.S.C. § 651 et seq.) and amendments thereto, as ineffect on May 1, 1997. "IV-Dservices" means those services the secretary provides pursuant to title IV-D.
(k) "Party" means the secretary, the responsible parent, the custodialparent or the child or any assignee or other successor in interest to any ofthem.
(l) "Public assistance debt" means the obligation to reimburse publicassistance as described in K.S.A. 39-718b or 39-719 and amendments thereto orin any similar law of this or any other state.
(m) "Responsible parent" means, if a child is receiving or has received IV-Dservices from the secretary, the mother, father or alleged father of the child.
(n) "Secretary" means the secretary of social and rehabilitation services ora designee of the secretary.
(o) "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 "state" includes an Indiantribe and includes any jurisdiction declared a foreign reciprocating country bythe United States secretary of state and any foreign jurisdiction that hasestablished procedures for issuance and enforcement of child support orderswhich are substantially similar to the procedures of this state. It shall bepresumed that a foreign jurisdiction which is the subject of an unrevokeddeclaration by the attorney general pursuant to K.S.A. 23-4,101 and amendmentsthereto is a state as defined in this subsection.
(p) "Support order" means any order by which a person's duty of support isestablished, including but not limited to any order modifying a prior supportorder.
(q) "Tribunal" means any court, administrative agency or quasi-judicialentity authorized to establish, modify or enforce support orders or todetermine parentage. With respect to support orders entered in this state,the courts are the tribunals in Kansas.
History: L. 1997, ch. 182, § 7; July 3.