ARTICLE
1.  GENERAL PROVISIONS



 



§576B-101  Definitions.  In this
chapter:



"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 or who is or is alleged to be the
beneficiary of a support order directed to the parent.



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



"Duty of support" means an obligation
imposed or imposable by law to provide support for a child, spouse, or former
spouse, including an unsatisfied obligation to provide support.



"Home state" means the state in which
a child lived with a parent or a person acting as parent for at least six
consecutive months immediately preceding the time of filing of a petition or
comparable pleading for support and, if a child is less than six months old,
the state in which the child lived from birth with any of them.  A period of
temporary absence of any of them is counted as part of the six-month or other
period.



"Income" includes earnings or other
periodic entitlements to money from any source and any other property subject
to withholding for support under the law of this State.



"Income withholding order" means an
order or other legal process directed to an obligor's employer as defined by
sections 571-52, 571-52.2, 571-52.3, and 576D-14, to withhold support from the
income of the obligor.



"Initiating state" means a state from
which a proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.



"Initiating tribunal" means the
authorized tribunal in an initiating state.



"Issuing state" means the state in
which a tribunal issues a support order or renders a judgment determining
parentage.



"Issuing tribunal" means the tribunal
that issues a support order or renders a judgment determining parentage.



"Law" includes decisional and
statutory law and rules and regulations having the force of law.



"Obligee" means:



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



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



(3)  An individual seeking a judgment determining
parentage of the individual's child.



"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.



"Register" means to file a support
order or judgment determining parentage in the family court of this State.



"Registering tribunal" means a
tribunal of the state in which a support order is registered.  The child
support enforcement agency of this State shall be deemed the registering
tribunal for the receipt and processing of all registration requested by
another child support enforcement agency or an individual who has applied for
child support enforcement agency services, and the child support enforcement
agency of this State shall register the request in the appropriate tribunal. 
The family court shall be the registering tribunal for all other requests for
registration.



"Responding state" means a state in
which a proceeding is filed or to which a proceeding is forwarded for filing
from an initiating state under this chapter or a law or procedure substantially
similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or
the Revised Uniform Reciprocal Enforcement of Support Act.



"Responding tribunal" means the
authorized tribunal in a responding state.



"Spousal support order" means a
support order for a spouse or former spouse of the obligor.



"State" means a state of the United
States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the jurisdiction of
the United States. The term includes:



(1)  An Indian tribe; and



(2)  A foreign jurisdiction that has enacted a law or
established procedures for issuance and enforcement of support orders which are
substantially similar to the procedures under this chapter, the Uniform
Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal
Enforcement of Support Act.



"Support enforcement agency" means a
public official or agency authorized to seek:



(1)  Enforcement of support orders or laws relating to
the duty of support pursuant to chapters 576D and 576E;



(2)  Establishment or modification of child support
pursuant to chapters 346, 576D, 576E, 580, and 584;



(3)  Determination of parentage pursuant to chapter
584; or



(4)  Location of obligors or their assets.



"Support order" means a judgment,
decree, or order, whether temporary, final, or subject to modification, for the
benefit of a child, a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, or reimbursement, and may include related
costs and fees, interest, income withholding, attorney's fees, and other
relief.



"Tribunal" means a court,
administrative agency, or quasi-judicial entity authorized to establish,
enforce, or modify support orders or to determine parentage. [L 1997, c 295, pt
of §1; am L 2000, c 194, §3; am L 2001, c 48, §1]