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 |
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
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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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