State Codes and Statutes

Statutes > North-carolina > Chapter_52C > GS_52C-1-101

§52C‑1‑101.  Definitions.

As used in this Article,unless the context clearly requires otherwise, the term:

(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 isalleged to be the beneficiary of a support order directed to the parent.

(2)        "Child supportorder" 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 ofsupport" means an obligation imposed or imposable by law to providesupport for a child, spouse, or former spouse, including an unsatisfiedobligation to provide support.

(4)        "Homestate" means the state in which a child lived with a parent or a personacting as parent for at least six consecutive months immediately preceding thetime of filing of a petition or comparable pleading for support and, if a childis less than six‑months old, the state in which the child lived frombirth with any of them. A period of temporary absence of any of them is countedas part of the six‑month or other period.

(5)        "Income"includes earnings or other periodic entitlements to money from any source andany other property subject to withholding for support under the law of thisState.

(6)        "Income‑withholdingorder" means an order or other legal process directed to a payer of incometo withhold support from the income of the obligor.

(7)        "Initiatingstate" means a state from which a proceeding is forwarded or in which aproceeding is filed for forwarding to a responding state under this Act or alaw or procedure substantially similar to this Act, the Uniform ReciprocalEnforcement of Support Act, or the Revised Uniform Reciprocal Enforcement ofSupport Act.

(8)        "Initiating tribunal"means the authorized tribunal in an initiating state.

(9)        "Issuingstate" means the state in which a tribunal issues a support order orrenders a judgment determining parentage.

(10)      "Issuingtribunal" 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 towhom a duty of support is or is alleged to be owed or in whose favor a supportorder has been issued or a judgment determining parentage has been rendered;

b.         A state or politicalsubdivision to which the rights under a duty of support or support order havebeen assigned or which has independent claims based on financial assistanceprovided to an individual obligee; or

c.         An individualseeking a judgment determining parentage of the individual's child.

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

a.         Who owes or isalleged to owe a duty of support;

b.         Who is alleged buthas not been adjudicated to be a parent of a child; or

c.         Who is liable undera support order.

(14)      "Register"means to file a support order or judgment determining paternity in theappropriate location for the recording or filing of foreign judgments generallyor foreign support orders specifically.

(15)      "Registeringtribunal" means a tribunal in which a support order is registered.

(16)      "Respondingstate" means a state in which a proceeding is filed or to which aproceeding is forwarded for filing from an initiating state under this Act or alaw or procedure substantially similar to this Act, the Uniform ReciprocalEnforcement of Support Act, or the Revised Uniform Reciprocal Enforcement ofSupport Act.

(17)      "Respondingtribunal" means the authorized tribunal in a responding state.

(18)      "Spousal‑supportorder" means a support order for a spouse or former spouse of the obligor.

(19)      "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 tothe jurisdiction of the United States. The term includes:

a.         An Indian tribe; and

b.         A foreignjurisdiction that has enacted a law or established procedures for issuance andenforcement of support orders which are substantially similar to the proceduresunder this Act, the Uniform Reciprocal Enforcement of Support Act, or theRevised Uniform Reciprocal Enforcement of Support Act.

(20)      "Supportenforcement agency" means a public official or agency authorized to seek:

a.         Enforcement ofsupport orders or duties of support;

b.         Establishment ormodification of child support;

c.         Determination ofparentage; or

d.         To locate obligorsor their assets.

(21)      "Supportorder" means a judgment, decree, or order, whether temporary, final, orsubject to modification, for the benefit of a child, a spouse, or a formerspouse, which provides for monetary support, health care, arrears, orreimbursement, and may include related costs and fees, interest, incomewithholding, attorneys' fees, and other relief.

(22)      "Tribunal"means a court, administrative agency, or quasi‑judicial entity authorizedto establish, enforce, or modify support orders or to determine paternity,except that, for matters heard in this State, tribunal means the General Courtof Justice, District Court Division. (1995, c. 538, s. 7(c); 1997‑433,s. 10; 1997‑456, s. 27; 1998‑17, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_52C > GS_52C-1-101

§52C‑1‑101.  Definitions.

As used in this Article,unless the context clearly requires otherwise, the term:

(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 isalleged to be the beneficiary of a support order directed to the parent.

(2)        "Child supportorder" 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 ofsupport" means an obligation imposed or imposable by law to providesupport for a child, spouse, or former spouse, including an unsatisfiedobligation to provide support.

(4)        "Homestate" means the state in which a child lived with a parent or a personacting as parent for at least six consecutive months immediately preceding thetime of filing of a petition or comparable pleading for support and, if a childis less than six‑months old, the state in which the child lived frombirth with any of them. A period of temporary absence of any of them is countedas part of the six‑month or other period.

(5)        "Income"includes earnings or other periodic entitlements to money from any source andany other property subject to withholding for support under the law of thisState.

(6)        "Income‑withholdingorder" means an order or other legal process directed to a payer of incometo withhold support from the income of the obligor.

(7)        "Initiatingstate" means a state from which a proceeding is forwarded or in which aproceeding is filed for forwarding to a responding state under this Act or alaw or procedure substantially similar to this Act, the Uniform ReciprocalEnforcement of Support Act, or the Revised Uniform Reciprocal Enforcement ofSupport Act.

(8)        "Initiating tribunal"means the authorized tribunal in an initiating state.

(9)        "Issuingstate" means the state in which a tribunal issues a support order orrenders a judgment determining parentage.

(10)      "Issuingtribunal" 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 towhom a duty of support is or is alleged to be owed or in whose favor a supportorder has been issued or a judgment determining parentage has been rendered;

b.         A state or politicalsubdivision to which the rights under a duty of support or support order havebeen assigned or which has independent claims based on financial assistanceprovided to an individual obligee; or

c.         An individualseeking a judgment determining parentage of the individual's child.

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

a.         Who owes or isalleged to owe a duty of support;

b.         Who is alleged buthas not been adjudicated to be a parent of a child; or

c.         Who is liable undera support order.

(14)      "Register"means to file a support order or judgment determining paternity in theappropriate location for the recording or filing of foreign judgments generallyor foreign support orders specifically.

(15)      "Registeringtribunal" means a tribunal in which a support order is registered.

(16)      "Respondingstate" means a state in which a proceeding is filed or to which aproceeding is forwarded for filing from an initiating state under this Act or alaw or procedure substantially similar to this Act, the Uniform ReciprocalEnforcement of Support Act, or the Revised Uniform Reciprocal Enforcement ofSupport Act.

(17)      "Respondingtribunal" means the authorized tribunal in a responding state.

(18)      "Spousal‑supportorder" means a support order for a spouse or former spouse of the obligor.

(19)      "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 tothe jurisdiction of the United States. The term includes:

a.         An Indian tribe; and

b.         A foreignjurisdiction that has enacted a law or established procedures for issuance andenforcement of support orders which are substantially similar to the proceduresunder this Act, the Uniform Reciprocal Enforcement of Support Act, or theRevised Uniform Reciprocal Enforcement of Support Act.

(20)      "Supportenforcement agency" means a public official or agency authorized to seek:

a.         Enforcement ofsupport orders or duties of support;

b.         Establishment ormodification of child support;

c.         Determination ofparentage; or

d.         To locate obligorsor their assets.

(21)      "Supportorder" means a judgment, decree, or order, whether temporary, final, orsubject to modification, for the benefit of a child, a spouse, or a formerspouse, which provides for monetary support, health care, arrears, orreimbursement, and may include related costs and fees, interest, incomewithholding, attorneys' fees, and other relief.

(22)      "Tribunal"means a court, administrative agency, or quasi‑judicial entity authorizedto establish, enforce, or modify support orders or to determine paternity,except that, for matters heard in this State, tribunal means the General Courtof Justice, District Court Division. (1995, c. 538, s. 7(c); 1997‑433,s. 10; 1997‑456, s. 27; 1998‑17, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_52C > GS_52C-1-101

§52C‑1‑101.  Definitions.

As used in this Article,unless the context clearly requires otherwise, the term:

(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 isalleged to be the beneficiary of a support order directed to the parent.

(2)        "Child supportorder" 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 ofsupport" means an obligation imposed or imposable by law to providesupport for a child, spouse, or former spouse, including an unsatisfiedobligation to provide support.

(4)        "Homestate" means the state in which a child lived with a parent or a personacting as parent for at least six consecutive months immediately preceding thetime of filing of a petition or comparable pleading for support and, if a childis less than six‑months old, the state in which the child lived frombirth with any of them. A period of temporary absence of any of them is countedas part of the six‑month or other period.

(5)        "Income"includes earnings or other periodic entitlements to money from any source andany other property subject to withholding for support under the law of thisState.

(6)        "Income‑withholdingorder" means an order or other legal process directed to a payer of incometo withhold support from the income of the obligor.

(7)        "Initiatingstate" means a state from which a proceeding is forwarded or in which aproceeding is filed for forwarding to a responding state under this Act or alaw or procedure substantially similar to this Act, the Uniform ReciprocalEnforcement of Support Act, or the Revised Uniform Reciprocal Enforcement ofSupport Act.

(8)        "Initiating tribunal"means the authorized tribunal in an initiating state.

(9)        "Issuingstate" means the state in which a tribunal issues a support order orrenders a judgment determining parentage.

(10)      "Issuingtribunal" 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 towhom a duty of support is or is alleged to be owed or in whose favor a supportorder has been issued or a judgment determining parentage has been rendered;

b.         A state or politicalsubdivision to which the rights under a duty of support or support order havebeen assigned or which has independent claims based on financial assistanceprovided to an individual obligee; or

c.         An individualseeking a judgment determining parentage of the individual's child.

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

a.         Who owes or isalleged to owe a duty of support;

b.         Who is alleged buthas not been adjudicated to be a parent of a child; or

c.         Who is liable undera support order.

(14)      "Register"means to file a support order or judgment determining paternity in theappropriate location for the recording or filing of foreign judgments generallyor foreign support orders specifically.

(15)      "Registeringtribunal" means a tribunal in which a support order is registered.

(16)      "Respondingstate" means a state in which a proceeding is filed or to which aproceeding is forwarded for filing from an initiating state under this Act or alaw or procedure substantially similar to this Act, the Uniform ReciprocalEnforcement of Support Act, or the Revised Uniform Reciprocal Enforcement ofSupport Act.

(17)      "Respondingtribunal" means the authorized tribunal in a responding state.

(18)      "Spousal‑supportorder" means a support order for a spouse or former spouse of the obligor.

(19)      "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 tothe jurisdiction of the United States. The term includes:

a.         An Indian tribe; and

b.         A foreignjurisdiction that has enacted a law or established procedures for issuance andenforcement of support orders which are substantially similar to the proceduresunder this Act, the Uniform Reciprocal Enforcement of Support Act, or theRevised Uniform Reciprocal Enforcement of Support Act.

(20)      "Supportenforcement agency" means a public official or agency authorized to seek:

a.         Enforcement ofsupport orders or duties of support;

b.         Establishment ormodification of child support;

c.         Determination ofparentage; or

d.         To locate obligorsor their assets.

(21)      "Supportorder" means a judgment, decree, or order, whether temporary, final, orsubject to modification, for the benefit of a child, a spouse, or a formerspouse, which provides for monetary support, health care, arrears, orreimbursement, and may include related costs and fees, interest, incomewithholding, attorneys' fees, and other relief.

(22)      "Tribunal"means a court, administrative agency, or quasi‑judicial entity authorizedto establish, enforce, or modify support orders or to determine paternity,except that, for matters heard in this State, tribunal means the General Courtof Justice, District Court Division. (1995, c. 538, s. 7(c); 1997‑433,s. 10; 1997‑456, s. 27; 1998‑17, s. 1.)