Current through the 2024 Fourth Special Session
Section 26B-9-101 - DefinitionsAs used in this part:
(1) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.(2) "Assistance" means public assistance. (3) "Child" means the same as that term is defined in Section 81-6-101.(4) (a) "Child support" means a base child support award as defined in Section 81-6-101, or a financial award for uninsured monthly medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, all arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. (b) "Child support" includes obligations ordered by a tribunal for the support of a spouse or former spouse with whom the child resides if the spousal support is collected with the child support.(5) "Child support services" means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651, et seq.(6) "Director" means the director of the Office of Recovery Services. (7) "Financial institution" means:(a) a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance Act, 12 U.S.C. Sec. 1813(c);(b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12 U.S.C. Sec. 1813(u);(c) any federal credit union or state credit union as defined in the Federal Credit Union Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as defined in 12 U.S.C. Sec. 1786(r);(d) a broker-dealer as defined in Section 61-1-13; or(e) any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the state.(8) "Financial record" means the same as that term is defined in the Right to Financial Privacy Act of 1978, 12 U.S.C. Sec. 3401.(9)(a) "Income" means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, or contract payment, or denominated as advances on future wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay.(b) "Income" includes:(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;(ii) interest and dividends;(iii) periodic payments made under pension or retirement programs or insurance policies of any type;(iv) unemployment compensation benefits;(v) workers' compensation benefits; and(vi) disability benefits.(10) "IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et seq.(11) "IV-D child support services" means child support services.(12) "New hire registry" means the centralized new hire registry created in Section 35A-7-103.(13) "Obligee" means an individual, this state, another state, or other comparable jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or public assistance.(14) "Obligor" means a person, firm, corporation, or the estate of a decedent owing money to this state, to an individual, to another state, or other comparable jurisdiction in whose behalf this state is acting.(15) "Office" means the Office of Recovery Services. )
(16) "Public assistance" means:(a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;(b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;(c) foster care maintenance payments under Part E of Title IV of the Social Security Act, 42 U.S.C. Sec. 670, et seq.;(d) SNAP benefits as defined in Section 35A-1-102; or(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance.(17) "State case registry" means the central, automated record system maintained by the office and the central, automated district court record system maintained by the Administrative Office of the Courts, that contains records which use standardized data elements, such as names, Social Security numbers and other uniform identification numbers, dates of birth, and case identification numbers, with respect to:(a) each case in which services are being provided by the office under the state IV-D child support services plan; and(b) each support order established or modified in the state on or after October 1, 1998.Amended by Chapter 366, 2024 General Session ,§ 10, eff. 9/1/2024.Amended by Chapter 305, 2023 General Session ,§ 202, eff. 5/3/2023.Added by Chapter 255, 2022 General Session ,§ 72, eff. 7/1/2022.