Ariz. Admin. Code § 6-7-101

Current through Register Vol. 30, No. 45, November 8, 2024
Section R6-7-101 - Definitions

The following definitions apply in this Chapter unless otherwise provided in a specific Article of this Chapter:

1. "Allocation" means the prorated division of collections.

2. "Annual fee" means the amount owed by the recipient of services when the Title IV-D Agency has collected $500.00 of support in a federal fiscal year.

3. "Arrearages" means unpaid amounts of support owed.

4. "Assistance unit" means a group of persons whose needs, income, resources, and other circumstances are considered as a whole for the purpose of determining eligibility and benefit amount for cash assistance.

5. "Business day" means a day on which state offices are open for regular business. A.R.S. § 46-408.

6. "Caretaker" means an individual other than a parent in a Title IV-D case who has physical custody of a child and may have the right to support of that child under A.R.S. § 46-444.

7. "Cash assistance" means temporary payments for needy families paid to a recipient for the purpose of meeting basic living expenses, as described by the Department at 6 A.A.C. 12.

8. "Cash medical support" means the court ordered monthly amount to be paid as an alternative when medical insurance is not accessible or available at a reasonable cost in accordance with A.R.S. § 25-320.

9. "Child Not on Grant" means a child who:

a. Resides with an assistance unit receiving cash assistance,

b. Is not eligible for cash assistance due to the receipt of Social Security income, and

c. Is exempt from the assignment under A.R.S. § 46-407.

10. "Child Support Case Registry" or "Registry" means certain automated records of all Title IV-D cases, and all other cases in which a support order is established, modified, or registered in Arizona on or after October 1, 1998.

11. "Conditionally assigned arrearages" are arrearages that:

a. Do not exceed the total cumulative amount of unreimbursed cash assistance paid to a family as of the date the family stops receiving cash assistance;

b. Were temporarily assigned arrearages; and

c. Became conditionally assigned on the date that the family stopped receiving cash assistance or October 1, 2000, whichever date is later.

12. "Current assistance case" means a Title IV-D case in which an assistance unit is currently receiving cash assistance.

13. "Current support" means the monthly amount of money ordered by a court or an administrative entity for the support of a child, spouse, or former spouse and may include cash medical support.

14. "Department" means the Department of Economic Security.

15. "Disbursement" means the payment of monies to an obligee or other authorized recipient.

16. "Distribution" means application of support and related collections to one or more specific obligations or debts.

17. "F.A.A." means the Family Assistance Administration, the entity within the Department responsible for administering the Department's Cash Assistance Program.

18. "Federal fiscal year" means the 12 consecutive months beginning October 1 and ending September 30 for which the Office of Child Support Enforcement in the United States Department of Health and Human Services plans the use of its funds.

19. "Federal income tax refund offset" means the intercept of Internal Revenue Service income tax refunds to pay support as provided in 26 U.S.C. 6402 and 42 U.S.C. 664.

20. "Fees and costs" means amounts ordered by the court or administrative entity or agreed to be paid to the Title IV-D Agency for genetic testing, service of process, or other expenses.

21. "Former assistance case" means a Title IV-D case in which an assistance unit formerly received cash assistance and is no longer receiving cash assistance.

22. "Futures" means an amount of support received by the Title IV-D Agency, excluding any federal or state income tax refund offset, which when received exceeds the amount of current support owed in a Title IV-D case with no arrearages or other unpaid obligations as stated in 45 CFR 302.51(b). Futures do not include prepaid support.

23. "Handling fee" means the monthly charge prescribed in A.R.S. § 25-510, which is set by the Department director, and is payable to the Title IV-D Agency's Clearinghouse.

24. "Income withholding order" means an order that directs an obligor's employer, payor, or the obligor to withhold monies from the obligor's income.

25. "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 A.R.S. Title 25, Chapter 9 or a law or procedure substantially similar to A.R.S. Title 25, Chapter 9. A.R.S. § 25-1202.

26. "Injured spouse claim" means a written request from the spouse of an obligor stating that the spouse has an interest in an income tax refund based on a joint federal income tax return.

27. "IRS tax reversal" means a rescission by the Internal Revenue Service of a federal income tax refund offset that was previously received by the Title IV-D Agency.

28. "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage. A.R.S. § 25-1202.

29. "Medical assistance" means benefits received from a state agency under Title XIX of the Social Security Act.

30. "Medical support judgment" means a judgment for the costs of medical insurance coverage or uncovered medical expenses of the child.

31. "Never assigned arrearages" means arrearages that:

a. Accrue in a never assistance case, or in a former assistance case after an assistance unit's most recent period of cash assistance ends; and

b. Are not assigned.

32. "Never assistance case" means a Title IV-D case in which a family never received cash assistance, but could be receiving or has received medical assistance under Title XIX of the Social Security Act.

33. "Nonobligated spouse" means the spouse who filed an Arizona state income tax return jointly with an obligor.

34. "Non-periodic payment" means a non-recurring amount or an amount that is not paid at regular intervals.

35. "Obligee" means a person or agency entitled to receive support. A.R.S. § 25-500.

36. "Obligor" means a person obligated to pay support. A.R.S. § 25-500.

37. "OCSE" means the Office of Child Support Enforcement in the United States Department of Health and Human Services.

38. "Order" means a legal directive issued by an officer or entity legally authorized to issue orders.

39. "Past support" means the amount of support reduced to a written judgment for the care and support of a child for the period before a current child support order is established.

40. "Permanently assigned arrearages" means arrearages that do not exceed the total cumulative amount of unreimbursed cash assistance paid to an assistance unit at the time the assistance unit leaves assistance, and

a. Accrued before the family received assistance and were assigned to the state before October 1, 1997; or

b. Accrue during any period in which the assistance unit received cash assistance and were assigned to the state on or after October 1, 1997.

41. "Pregnancy and childbirth expenses" means the costs of pregnancy and childbirth, which may be reduced to a written judgment under A.R.S. § 25-809.

42. "Pregnancy and childbirth judgment" means a final court order for the costs of pregnancy and childbirth.

43. "Prepaid support" means payments for monthly support that the obligor or the obligor's agent designate in writing as payments for support in future months, even in cases with arrearages.

44. "Related payments" means monies other than support received under an order or agreement.

45. "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 A.R.S. Title 25, Chapter 9 or a law substantially similar to A.R.S. Title 25, Chapter 9. A.R.S. § 25-1202.

46. "Spousal maintenance" or "spousal support" means an amount of money ordered under A.R.S. § 25-319 or a similar law of another state, for the support or maintenance of a spouse or former spouse.

47. "State" has the meaning in A.R.S. § 25-1202(22).

48. "Support" means the provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a Title IV-D case, support includes spousal maintenance or spousal support that is included in the same order that directs child support. A.R.S. § 25-500.

49. "Support Payment Clearinghouse" or "Clearinghouse" means the state disbursement unit for the Title IV-D Agency established under A.R.S. § 46-441 to collect and disburse all payments under support orders or agreements.

50. "Temporarily assigned arrearages"

a. Means arrearages that:

i. Do not exceed the total cumulative amount of unreimbursed cash assistance paid to an assistance unit as of the date the unit stops receiving cash assistance;

ii. Accrue before any period in which the assistance unit receives cash assistance for arrearages assigned to the state on or after October 1, 1997; and

iii. Are not permanently assigned arrearages; and

b. The temporary assignment is no longer effective on October 1, 2000, or when the assistance unit stops receiving cash assistance, whichever is later.

c. Effective on and after October 1, 2009, no new temporary assignments of unpaid support begin.

51. "Temporary assistance for needy families" (TANF) means assistance granted under § 403 of Title IV of the Social Security Act, as it exists after August 21, 1996. A.R.S. § 46-101.

52. "Title IV-A" means Title IV-A of the Social Security Act, 42 U.S.C. 601 et seq.

53. "Title IV-D" means Title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.

54. "Title IV-D Agency" means the Division of Child Support Enforcement and all of its contracting entities that administer Title IV-D services.

55. "Title IV-E" means Title IV-E of the Social Security Act, 42 U.S.C. 670 et seq.

56. "Title XIX" means Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq.

57. "Title XIX Agency" means the Arizona Health Care Cost Containment System (AHCCCS).

58. "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. A.R.S. § 25-1202.

59. "UIFSA" means the Uniform Interstate Family Support Act, A.R.S. §§ 25-1201 et seq.

60. "Unassigned arrearages" means previously permanently assigned and temporarily assigned arrearages that exceed the total cumulative amount of unreimbursed cash assistance paid to a family as of the date the family stops receiving cash assistance and includes both unassigned during-assistance arrearages and unassigned pre-assistance arrearages.

61. "Unassigned during-assistance arrearages" means all previously permanently assigned arrearages that:

a. Exceed the total cumulative amount of unreimbursed cash assistance paid to an assistance unit as of the date the assistance unit stops receiving cash assistance; and

b. Accrue during any period in which the assistance unit receives cash assistance for arrearages assigned to the state on or after October 1, 1997.

62. "Unassigned pre-assistance arrearages" means all previously temporarily assigned arrearages that:

a. Exceed the total cumulative amount of unreimbursed cash assistance paid to an assistance unit as of the date the assistance unit stops receiving cash assistance; and

b. Accrue before any period in which the assistance unit receives cash assistance for arrearages assigned to the state on or after October 1, 1997 but before October 1, 2009.

63. "Unreimbursed cash assistance" means the total, cumulative amount of cash assistance for which the state of Arizona has not received reimbursement.

64. "Voluntary payment" means monies received by the Title IV-D Agency on behalf of a child for whom no order for support is established.

Ariz. Admin. Code § R6-7-101

New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1250, effective September 5, 2009 (Supp. 09-3). Amended by exempt rulemaking at 16 A.A.R. 1138, effective July 1, 2010 (Supp. 10-2).