Haw. Code R. § 5-31-2

Current through July, 2024
Section 5-31-2 - Definitions

For the purpose of this chapter:

"Administrative hearing" means a hearing conducted in accord with chapter 91 of the Hawaii Revised Statutes and presided by a hearing officer from the office of child support hearings.

"Administrative order" means a child support order resulting from an administrative, rather than a judicial, determination.

"Administrative review" means a review by the agency based on all information available to the agency at the time of the review.

"Administrator" means the administrator of the agency.

"Agency" means the child support enforcement agency established under section 576D-2, Hawaii Revised Statutes.

"Alleged father" means any person who may be identified as a biological father of a child.

"Annual fee" means a fee imposed by the child support enforcement agency for services provided under the child support program during the federal fiscal year.

"Applicant" means persons or entities that have completed an application requesting title IV-D services, persons with whom the subject child resides and receives temporary assistance for needy families or title XIX benefits, and department of human services in title IV-E cases.

"Arrearages" means past due, unpaid amounts owed by the noncustodial parent resulting from a child support order.

"Authorized representative" means a person who is designated in writing by the custodial parent, the non-custodial parent, or the alleged father as his or her representative in the case.

"Central registry" means a function at the state level responsible for receiving, distributing, and responding to inquiries on all incoming interstate, tribal, and international title IV-D cases.

"Certified account balance" means an official reconciliation by the agency of both the amounts of child support collected from a non-custodial parent and the amounts distributed to the custodial parent or other appropriate entities during a specified time period.

"Child support" means an obligation to pay for the necessary support and maintenance of a child as required by law. This definition includes both financial and medical support. Except in establishment actions under section 5-31-22, modification actions under section 5-31-24, and termination actions under section 5-31-43, child support may include court-ordered spousal support when spousal support is being enforced in conjunction with the financial support of a child.

"Child support order" means an order to pay for the necessary support and maintenance of a child resulting from a judicial or an administrative proceeding that may include financial and medical support for the child. Except in establishment actions under section 5-31-22, modification actions under section 5-31-24, and termination actions under section 5-31-43, child support order may include court-ordered spousal support when spousal support is being enforced in conjunction with the financial support of a child.

"Consumer reporting agency" means any person or entity which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

"Court order" means a child support order resulting from a judicial, rather than an administrative, adjudication.

"Custodial parent" means a parent, guardian, other person, or entity having physical custody of the child.

"Department" means the department of the attorney general.

"Financial institution data match" means the process of identifying the financial account of a non-custodial parent as a means of locating and seizing financial resources to satisfy obligations owed by the non-custodial parent.

"Income withholding" means the withholding or assignment of future income under sections 571-52, 571-52.2, 571-52.3, 576D-14, and 576E-16, Hawaii Revised Statutes.

"Lien" means a legal claim upon property to prevent sale or transfer of that property until arrearages are satisfied.

"Medical support" means a form of child support where either or both parents provide for medical insurance, which may include dental, drug, or vision services or all, for the children in the case or the payment of a specific amount in lieu of providing medical insurance.

"Non-custodial parent" means a parent who is absent from the family, whether or not the parent is required to pay child support.

"Obligee" means any person or entity designated to receive payments under the terms of a child support order.

"Obligor" means any person or entity that is required to make payments pursuant to a child support order.

"Office of Child Support Hearings" means the office bf child support hearings established pursuant to chapter 576E, Hawaii Revised Statutes.

"Other state" includes:

(1) All states of the United States other than the State of Hawaii;

(2) The District of Columbia;

(3) Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States;

(4) Any Indian or Alaska Native Tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe and is included in the list of federally recognized Indian Tribal governments as published in the Federal Register that is operating under title IV-D; and

(5) A foreign country or a political subdivision thereof:

(i) Declared to be a foreign reciprocating country under title IV-D; or

(ii) With which the State has entered into a reciprocal arrangement for the establishment and enforcement of child support obligations to the extent consistent with title IV-D. "State" means the State of Hawaii.

"State plan" means the state child support enforcement plan as required under title IV-D.

"Spousal support" means a legally enforceable obligation against an individual for the support of a spouse or former spouse.

"Temporary assistance for needy families" means financial assistance provided under the federal Personal Responsibility and Work Opportunity Reconciliation Act, Public Law 104-193, (title IV-A), formerly known as "Aid to Families With Dependent Children".

"Title IV-A", "title IV-D", "title IV-E", and "title XIX" mean title IV-A {temporary assistance for needy families), title IV-D (child support), title IV-E (foster care), and title XIX (medicaid), respectively, of the federal Social Security Act (August 14, 1935, chapter 531, 49 Stat. 620) as amended.

"Uniform Interstate Family Support Act" means the uniform law that sets forth the requirements of processing child support orders in interstate and international cases established under chapter 576B, Hawaii Revised Statutes.

"Unreimbursed assistance" means the amount of temporary assistance for needy families benefits paid to the family by the department of human services that has not been recovered by the State.

Haw. Code R. § 5-31-2

[Eff 2/13/89; am and comp 10/31/91; am and comp MAR 30 2014] (Auth: HRS § 576D-2) (Imp: HRS §§576B, 576D-2, 576E-2; 45 C.F.R. § 303.1 )