2006 Code of Virginia § 63.2-1900 - Definitions

63.2-1900. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Administrative order" or "administrative support order" means anoncourt-ordered legally enforceable support obligation having the force andeffect of a support order established by the court.

"Assignment of rights" means the legal procedure whereby an individualassigns support rights to the Commonwealth on behalf of a dependent child orspouse and dependent child.

"Authorization to seek or enforce a support obligation" means a signedauthorization to the Commonwealth to seek or enforce support on behalf of adependent child or a spouse and dependent child or on behalf of a persondeemed to have submitted an application by operation of law.

"Court order" means any judgment or order of any court having jurisdictionto order payment of support or an order of a court of comparable jurisdictionof another state ordering payment of a set or determinable amount of supportmoneys.

"Custodial parent" means the natural or adoptive parent with whom the childresides; a stepparent or other person who has physical custody of the childand with whom the child resides; or a local board that has legal custody of achild in foster care.

"Debt" means the total unpaid support obligation established by courtorder, administrative process or by the payment of public assistance and owedby a noncustodial parent to either the Commonwealth or to his dependent(s).

"Dependent child" means any person who meets the eligibility criteria setforth in 63.2-602, whose support rights have been assigned or whoseauthorization to seek or enforce a support obligation has been given to theCommonwealth and whose support is required by Titles 16.1 and 20.

"Employee" means any individual receiving income.

"Employer" means the source of any income.

"Financial institution" means a depository institution, aninstitution-affiliated party, any federal credit union or state credit unionincluding an institution-affiliated party of such a credit union, and anybenefit association, insurance company, safe deposit company, money marketmutual fund, or similar entity authorized to do business in this Commonwealth.

"Financial records" includes, but is not limited to, records held byemployers showing income, profit sharing contributions and benefits paid orpayable and records held by financial institutions, broker-dealers and otherinstitutions and entities showing bank accounts, IRA and separatecontributions, gross winnings, dividends, interest, distributive share,stocks, bonds, agricultural subsidies, royalties, prizes and awards held foror due and payable to a responsible person.

"Foreign support order" means any order issued outside of the Commonwealthby a court or tribunal as defined in 20-88.32.

"Health care coverage" means any plan providing hospital, medical orsurgical care coverage for dependent children provided such coverage isavailable and can be obtained by a noncustodial parent at a reasonable cost.

"Income" means any periodic form of payment due an individual from anysource and shall include, but not be limited to, income from salaries, wages,commissions, royalties, bonuses, dividends, severance pay, payments pursuantto a pension or retirement program, interest, trust income, annuities,capital gains, social security benefits, workers' compensation benefits,unemployment insurance benefits, disability insurance benefits, veterans'benefits, spousal support, net rental income, gifts, prizes or awards.

"Mistake of fact" means an error in the identity of the payor or the amountof current support or arrearage.

"Net income" means that income remaining after the following deductionshave been taken from gross income: federal income tax, state income tax,federal income compensation act benefits, any union dues where collectionthereof is required under federal law, and any other amounts required by law.

"Noncustodial parent" means a responsible person who is or may be obligatedunder Virginia law for support of a dependent child or child's caretaker.

"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 that 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.

"Payee" means any person to whom spousal or child support is to be paid.

"Reasonable cost" pertaining to health care coverage means availablethrough employers, unions or other groups without regard to service deliverymechanism; or an insurance premium for dependent children that does notexceed a percentage of a parent's gross income as established by federalregulation unless the court deems otherwise in the best interests of thechild.

(1974, c. 413, 63.1-250; 1975, cc. 311, 596; 1976, c. 357; 1983, c. 66;1985, c. 488; 1986, c. 594; 1988, c. 906; 1991, cc. 651, 694; 1997, cc. 796,895; 1998, c. 727; 2002, cc. 747, 844.)