Conn. Agencies Regs. § 52-362d-1

Current through December 27, 2024

Section 52-362d-1 - Definitions

As used in sections 52-362d-1 through 52-362d-5, inclusive:

(1) "Defense" means any reason in law or fact offered by the obligor to alter or prevent the enforcement action proposed by the department. Such defenses include, but are not limited to, the following:

(A) the person identified as a child support obligor is a case of mistaken identity,

(B) the amount of past-due or overdue support is less than the minimum amount required for the proposed enforcement action, and

(C) there is no support order in effect, and there never was.

(2) "Delinquency" means the total of all payments on current and past-due support orders which have become due and payable and remain unpaid.

(3) "Enforcement action" means any of the methods regulated by sections 52-362d-1 through 52-362d-5, inclusive, and 52-362e-1 through 52-362e-3, inclusive, of the Regulations of Connecticut State Agencies to encourage or compel the payment of support in a IV-D case.

(4) "Fair hearing" means the adjudicative proceeding conducted by the department in accordance with section 17b-60 of the Connecticut General Statutes.

(5) "Notice of action" means a written statement mailed to the obligor that informs the obligor of the nature of the enforcement action, the right to a prehearing review and a fair hearing, the method and timeframes for requesting such review or hearing, and a list of available defenses to such enforcement action.

(6) "Obligor" means the individual required to make payments under a current or past-due support order who may be subject to an enforcement action.

(7) "Past-due support" shall have the meaning given to it under section 52-362j of the Connecticut General Statutes.

(8) "Prehearing review" means an informal hearing or investigation conducted by SED. Such review shall be conducted at the request of an obligor who has been mailed a notice of action to determine the appropriateness of an enforcement action.

Conn. Agencies Regs. § 52-362d-1

Effective November 28, 1994; Amended June 8, 1998; Amended July 10, 2000; Amended May 24, 2004