78B-14-102 - Definitions.
78B-14-102. Definitions.
In this chapter:
(1) "Child" means an individual, whether over or under the age of majority, who is or isalleged to be owed a duty of support by the individual's parent or who is or is alleged to be thebeneficiary of a support order directed to the parent.
(2) "Child-support order" means a support order for a child, including a child who hasattained the age of majority under the law of the issuing state.
(3) "Duty of support" means an obligation imposed or imposable by law to providesupport for a child, spouse, or former spouse, including an unsatisfied obligation to providesupport.
(4) "Home state" means the state in which a child lived with a parent or a person actingas parent for at least six consecutive months immediately preceding the time of filing of apetition or comparable pleading for support and, if a child is less than six months old, the state inwhich the child lived from birth with any of them. A period of temporary absence of any of themis counted as part of the six-month or other period.
(5) "Income" includes earnings or other periodic entitlements to money from any sourceand any other property subject to withholding for support under the law of this state.
(6) "Income-withholding order" means an order or notice directed to an obligor'semployer or other source of income as defined in Section 62A-11-103, to withhold support fromthe income of the obligor in accordance with Title 62A, Chapter 11, Part 4, Income Withholdingin IV-D Cases, or Part 5, Income Withholding in Non IV-D Cases.
(7) "Initiating state" means a state from which a proceeding is forwarded or in which aproceeding is filed for forwarding to a responding state under this chapter or a law or proceduresubstantially similar to this chapter.
(8) "Initiating tribunal" means the authorized tribunal in an initiating state.
(9) "Issuing state" means the state in which a tribunal issues a support order or renders ajudgment determining parentage.
(10) "Issuing tribunal" means the tribunal that issues a support order or renders ajudgment determining parentage.
(11) "Law" includes decisional and statutory law and rules and regulations having theforce of law.
(12) "Obligee" means:
(a) an individual to whom a duty of support is or is alleged to be owed or in whose favora support order has been issued or a judgment determining parentage has been rendered;
(b) a state or political subdivision to which the rights under a duty of support or supportorder have been assigned or which has independent claims based on financial assistance providedto an individual obligee; or
(c) an individual seeking a judgment determining parentage of the individual's child.
(13) "Obligor" means an individual, or the estate of a decedent who:
(a) owes or is alleged to owe a duty of support;
(b) is alleged but has not been adjudicated to be a parent of a child; or
(c) is liable under a support order.
(14) "Person" means an individual, corporation, business trust, estate, trust, partnership,limited liability company, association, joint venture, government, governmental subdivision,agency, or instrumentality, public corporation, or any other legal or commercial entity.
(15) "Record" means information that is inscribed on a tangible medium or that is storedin an electronic or other medium and is retrievable in perceivable form.
(16) "Register" means to file a support order or judgment determining parentage in thedistrict court.
(17) "Registering tribunal" means a tribunal in which a support order is registered.
(18) "Responding state" means a state in which a proceeding is filed or to which aproceeding is forwarded for filing from an initiating state under this chapter or a law or proceduresubstantially similar to this chapter.
(19) "Responding tribunal" means the authorized tribunal in a responding state.
(20) "Spousal-support order" means a support order for a spouse or former spouse of theobligor.
(21) "State" means a state of the United States, the District of Columbia, Puerto Rico, theUnited States Virgin Islands, or any territory or insular possession subject to the jurisdiction ofthe United States. The term includes:
(a) an Indian tribe; and
(b) a foreign country or political subdivision that:
(i) has been declared to be a foreign reciprocating country or political subdivision underfederal law;
(ii) has established a reciprocal arrangement for child-support with this state as providedin Section 78B-14-208; or
(iii) has enacted a law or established procedures for issuance and enforcement of supportorders which are substantially similar to the procedures under this chapter.
(22) "Support-enforcement agency" means a public official or agency authorized to seek:
(a) enforcement of support orders or laws relating to the duty of support;
(b) establishment or modification of child-support;
(c) determination of parentage;
(d) location of obligors or their assets; or
(e) determination of the controlling child-support order.
(23) "Support order" means a judgment, decree, order, or directive, whether temporary,final, or subject to modification, issued by a tribunal for the benefit of a child, a spouse, or aformer spouse, which provides for monetary support, health care, arrearages, or reimbursement,and may include related costs and fees, interest, income withholding, attorney fees, and otherrelief.
(24) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorizedto establish, enforce, or modify support orders or to determine parentage.
Renumbered and Amended by Chapter 3, 2008 General Session