Section 580-101. Definitions  


Latest version.
  • In this article:
        (1)  "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.
        (2) "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.
        (3)  "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.
        (4)  "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.
        (5) "Income" includes earnings or other periodic entitlements to money
      from any source and  any  other  property  subject  to  withholding  for
      support as defined by section five thousand two hundred forty-one of the
      civil practice law and rules.
        (6)  "Income  withholding order" means an order or other legal process
      directed to an obligor's employer or other income payor, as  defined  by
      section five thousand two hundred forty-one or five thousand two hundred
      forty-two  of  the civil practice law and rules to withhold support from
      the income of the obligor.
        (7) "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 article or a law or procedure  substantially
      similar  to  this article, the Uniform Reciprocal Enforcement of Support
      Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
        (8)  "Initiating  tribunal"  means  the  authorized  tribunal  in   an
      initiating state.
        (9)  "Issuing  state"  means  the  state  in which a tribunal issues a
      support order or renders a judgment determining parentage.
        (10) "Issuing tribunal" means the tribunal that issues a support order
      or renders a judgment determining parentage.
        (11) "Law"  includes  decisional  and  statutory  law  and  rules  and
      regulations having the force of law.
        (12) "Obligee" means:
        (i)  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;
        (ii) 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
        (iii)  an  individual  seeking a judgment determining parentage of the
      individual's child.
        (13) "Obligor" means an individual, or the estate of a decedent:
        (i) who owes or is alleged to owe a duty of support;
        (ii) who is alleged but has not been adjudicated to be a parent  of  a
      child; or
        (iii) who is liable under a support order.
        (14)  "Register" means to file a support order or judgment determining
      parentage in the tribunal.
    
        (15) "Registering tribunal" means a tribunal in which a support  order
      is registered.
        (16)  "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 article, or a law or procedure substantially similar to
      this  article, the Uniform Reciprocal Enforcement of Support Act, or the
      Revised Uniform Reciprocal Enforcement of Support Act.
        (17)  "Responding  tribunal"  means  the  authorized  tribunal  in   a
      responding state.
        (18)  "Spousal  support  order"  means a support order for a spouse or
      former spouse of the obligor.
        (19) "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: (i) an Indian tribe; and (ii) 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  article,  the Uniform Reciprocal Enforcement of
      Support Act, or the Revised Uniform Reciprocal  Enforcement  of  Support
      Act.
        (20)  "Support  enforcement  agency" means a public official or agency
      authorized to seek:
        (i) enforcement of support orders or laws  relating  to  the  duty  of
      support;
        (ii) establishment or modification of child support;
        (iii) determination of parentage; or
        (iv) to locate obligors or their assets.
        (21)  "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.
        (22)   "Tribunal"   means   a   court,   administrative   agency,   or
      quasi-judicial  entity  authorized  to  establish,  enforce,  or  modify
      support orders or to determine parentage.