2006 Code of Virginia § 20-88.32 - Definitions

20-88.32. Definitions.

In this chapter:

"Child" means an individual, whether over or under the age of majority, whois or is alleged to be owed a duty of support by the individual's parent orwho is or is alleged to be the beneficiary of a support order directed to theparent.

"Child support order" means a support order for a child, including a childwho has attained the age of majority under the law of the issuing state.

"Duty of support" means an obligation imposed or imposable by law toprovide support for a child, spouse, or former spouse, including anunsatisfied obligation to provide support.

"Employer" means the source of any income as defined in 63.2-1900.

"Home state" means the state in which a child lived with a parent or aperson acting as parent for at least six consecutive months immediatelypreceding the time of filing of a petition or comparable pleading for supportand, if a child is less than six months old, the state in which the childlived from birth with any of them. A period of temporary absence of any ofthem is counted as part of the six-month or other period.

"Income" includes earnings or other periodic entitlements to money from anysource and any other property subject to withholding for support under thelaw of the Commonwealth.

"Income-withholding order" means an order or other legal process directedto an obligor's employer or other debtor, to withhold support from theobligor's income as defined in 63.2-1900.

"Initiating state" means a state from which a proceeding is forwarded or inwhich a proceeding is filed for forwarding to a responding state under thischapter or law or procedure substantially similar to this chapter.

"Initiating tribunal" means the authorized tribunal in an initiating state.

"Issuing state" means the state in which a tribunal issues a support orderor renders a judgment determining parentage.

"Issuing tribunal" means the tribunal that issues a support order orrenders a judgment determining parentage.

"Law" includes decisional and statutory law and rules and regulationshaving the force of law.

"Obligee" means (i) an individual to whom a duty of support is or isalleged to be owed or in whose favor a support order has been issued or ajudgment determining parentage has been rendered, (ii) a state or politicalsubdivision to which the rights under a duty of support or support order havebeen assigned or which has independent claims based on financial assistanceprovided to an individual obligee, or (iii) an individual seeking a judgmentdetermining parentage of the individual's child.

"Obligor" means an individual, or the estate of a decedent, who (i) owes oris alleged to owe a duty of support, (ii) is alleged but has not beenadjudicated to be a parent of a child, or (iii) is liable under a supportorder.

"Record" means information that is inscribed on a tangible medium or thatis stored in an electronic or other medium and is retrievable in perceivableform.

"Register" means to file a support order or judgment determining parentagein the juvenile and domestic relations district court or with the Division ofChild Support Enforcement of the Department of Social Services.

"Registering tribunal" means a tribunal in which a support order isregistered.

"Responding state" means a state in which a proceeding is filed or to whicha proceeding is forwarded for filing from an initiating state under thischapter or a law or procedure substantially similar to this chapter.

"Responding tribunal" means the authorized tribunal in a responding state.

"Spousal-support order" means a support order for a spouse or former spouseof the obligor.

"State" means a state of the United States, the District of Columbia,Puerto Rico, the United States Virgin Islands, any territory or insularpossession subject to the jurisdiction of the United States, or a NativeAmerican tribe. The term includes any foreign country or politicalsubdivision that has been declared to be a foreign reciprocating country orpolitical subdivision under federal law, has established a child supportreciprocity arrangement with the Commonwealth, or has enacted a law orestablished procedures for issuance and enforcement of support orders thatare substantially similar to the procedures under this chapter.

"Support enforcement agency" means a public official or agency authorizedto seek enforcement of support orders or laws relating to the duty ofsupport, establishment or modification of child support, determination ofparentage, location of obligors or their assets, or determination of thecontrolling child support order. A support enforcement agency of theCommonwealth is not authorized to establish or enforce a support order forspousal support only.

"Support order" means a judgment, decree, or order, whether temporary,final, or subject to modification, issued by a tribunal for the benefit of achild, a spouse, or a former spouse, which provides for monetary support,health care, arrearages, or reimbursement, and may include related costs andfees, interest, income withholding, attorney's fees, and other relief.

"Tribunal" means a court, administrative agency, or quasi-judicial entityauthorized to establish, enforce, or modify support orders or to determineparentage; however, the support enforcement agency of the Commonwealth has noauthority to establish or enforce a support order for spousal support only.

(1994, c. 673; 1995, c. 484; 1996, cc. 882, 925; 1997, cc. 797, 897; 1998, c.727; 2005, c. 754.)

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