Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 1 - GENERAL PROVISIONS › Section 5-31-2 - Definitions

Current through June, 2024
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.