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.