KRS § 407.5101 — KY Code / Title XXXV / Chapter 407 / Section 407.5101
407.5101 Definitions for KRS 407.5101 to 407.5902
Status: in_force

407.5101 Definitions for KRS 407.5101 to 407.5902.

As used in KRS 407.5101 to 407.5902:

(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 or foreign country;

(3) "Convention" means the Convention on the International Recovery of Child

Support and Other Forms of Family Maintenance, concluded at The Hague on

November 23, 2007;

(4) "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;

(5) "Foreign country" means a country, including a political subdivision thereof, other

than the United States, that authorizes the issuance of support orders and:

(a) Which has been declared under the law of the United States to be a foreign

reciprocating country;

(b) Which has established a reciprocal arrangement for child support with this

state as provided in KRS 407.5308;

(c) Which has enacted a law or established procedures for the issuance and

enforcement of support orders which are substantially similar to the

procedures under KRS 407.5101 to 407.5902; or

(d) In which the Convention is in force with respect to the United States;

(6) "Foreign support order" means a support order of a foreign tribunal;

(7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of

a foreign country which is authorized to establish, enforce, or modify support orders

or to determine parentage of a child. The term includes a competent authority under

the Convention;

(8) "Home state" means the state or foreign country in which a child lived with a parent

or a person acting as parent for at least six (6) consecutive months immediately

preceding the time of filing of a petition or comparable pleading for support and, if

a child is less than six (6) months old, the state or foreign country 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 (6) month or other period;

(9) "Income" includes earnings or other periodic entitlements to money from any

source and any other property subject to withholding for support under the law of

this state;

(10) "Income-withholding order" means an order or other legal process directed to an

obligor's employer as defined in KRS 15.800 or other debtor to withhold support

from the income of the obligor;

(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a

petition or comparable pleading is forwarded or in which a petition or comparable

pleading is filed for forwarding to another state or foreign country;

(12) "Issuing foreign country" means the foreign country in which a tribunal issues a

support order or a judgment determining parentage of a child;

(13) "Issuing state" means the state in which a tribunal issues a support order or a

judgment determining parentage of a child;

(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a

support order or a judgment determining parentage of a child;

(15) "Law" includes decisional and statutory law and rules and regulations having the

force of law;

(16) "Obligee" means:

(a) An individual to whom a duty of support is or is alleged to be owed or in

whose favor a support order or a judgment determining parentage of a child

has been issued;

(b) A foreign country, state, or political subdivision of a state 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 in place of child support;

(c) An individual seeking a judgment determining parentage of the individual's

child; or

(d) A person that is a creditor in a proceeding under Article 7 of this chapter;

(17) "Obligor" means an individual, or the estate of a decedent that:

(a) Owes or is alleged to owe a duty of support;

(b) Is alleged but has not been adjudicated to be a parent of a child;

(c) Is liable under a support order; or

(d) Is a debtor in a proceeding under Article 7 of this chapter;

(18) "Outside this state" means a location in another state or a country other than the

United States, whether or not the country is a foreign country;

(19) "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, public corporation,

government or governmental subdivision, agency, or instrumentality, or any other

legal or commercial entity;

(20) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form;

(21) "Register" means to file in a tribunal of this state, a support order or judgment

determining parentage of a child issued in another state or foreign country;

(22) "Registering tribunal" means a tribunal in which a support order or judgment

determining parentage of a child is registered;

(23) "Responding state" means a state in which a petition or comparable pleading for

support or to determine parentage of a child is filed or to which a petition or

comparable pleading is forwarded for filing from another state or foreign country;

(24) "Responding tribunal" means the authorized tribunal in a responding state or

foreign country;

(25) "Spousal-support order" means a support order for a spouse or former spouse of the

obligor;

(26) "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 under the

jurisdiction of the United States. The term includes an Indian nation or tribe;

(27) "Support enforcement agency" means a public official, governmental entity, or

private agency authorized to:

(a) Seek enforcement of support orders or laws relating to the duty of support;

(b) Seek establishment or modification of child support;

(c) Request determination of parentage;

(d) Attempt to locate obligors or their assets; or

(e) Request determination of the controlling child support order;

(28) "Support order" means a judgment, decree, decision, directive, or order, whether

temporary, final, or subject to modification, issued in a state or foreign country for

the benefit of a child, a spouse, or a former spouse, which provides for monetary

support, health care, arrearages, retroactive support, or reimbursement for financial

assistance provided to an individual obligee in place of child support. The term may

include related costs and fees, interest, income withholding, automatic adjustment,

reasonable attorney's fees, and other relief; and

(29) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized

to establish, enforce, or modify support orders or to determine parentage of a child.