Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 7 - DEPARTMENT OF ECONOMIC SECURITY - CHILD SUPPORT ENFORCEMENT › Article 1 - GENERAL PROVISIONS › Section R6-7-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply in this Chapter unless
				  otherwise provided in a specific Article of this Chapter:
1. "Allocation" means the prorated division of
				  collections.
2. "Annual fee" means the amount owed by the recipient of
				  services when the Title IV-D Agency has collected $500.00 of support in a
				  federal fiscal year.
3. "Arrearages" means unpaid amounts of support owed.
4. "Assistance unit" means a group of persons whose needs,
				  income, resources, and other circumstances are considered as a whole for the
				  purpose of determining eligibility and benefit amount for cash
				  assistance.
5. "Business day" means a day on which state offices are open
				  for regular business. A.R.S. §
									46-408.
6. "Caretaker" means an individual other than a parent in a
				  Title IV-D case who has physical custody of a child and may have the right to
				  support of that child under A.R.S. §
									46-444.
7. "Cash assistance" means temporary payments for needy
				  families paid to a recipient for the purpose of meeting basic living expenses,
				  as described by the Department at 6 A.A.C. 12.
8. "Cash medical support" means the court ordered monthly
				  amount to be paid as an alternative when medical insurance is not accessible or
				  available at a reasonable cost in accordance with A.R.S. §
									25-320.
9. "Child Not on Grant" means a child who:
a. Resides with an assistance unit receiving cash
				  assistance,
b. Is not eligible for cash assistance due to the receipt of
				  Social Security income, and
c. Is exempt from the assignment under A.R.S. §
									46-407.
10. "Child Support Case Registry" or "Registry" means certain
				  automated records of all Title IV-D cases, and all other cases in which a
				  support order is established, modified, or registered in Arizona on or after
				  October 1, 1998.
11. "Conditionally assigned arrearages" are arrearages
				  that:
a. Do not exceed the total cumulative amount of unreimbursed
				  cash assistance paid to a family as of the date the family stops receiving cash
				  assistance;
b. Were temporarily assigned arrearages; and
c. Became conditionally assigned on the date that the family
				  stopped receiving cash assistance or October 1, 2000, whichever date is
				  later.
12. "Current assistance case" means a Title IV-D case in
				  which an assistance unit is currently receiving cash assistance.
13. "Current support" means the monthly amount of money
				  ordered by a court or an administrative entity for the support of a child,
				  spouse, or former spouse and may include cash medical support.
14. "Department" means the Department of Economic
				  Security.
15. "Disbursement" means the payment of monies to an obligee
				  or other authorized recipient.
16. "Distribution" means application of support and related
				  collections to one or more specific obligations or debts.
17. "F.A.A." means the Family Assistance Administration, the
				  entity within the Department responsible for administering the Department's
				  Cash Assistance Program.
18. "Federal fiscal year" means the 12 consecutive months
				  beginning October 1 and ending September 30 for which the Office of Child
				  Support Enforcement in the United States Department of Health and Human
				  Services plans the use of its funds.
19. "Federal income tax refund offset" means the intercept of
				  Internal Revenue Service income tax refunds to pay support as provided in
				  26 U.S.C.
				  6402 and
				  42 U.S.C.
				  664.
20. "Fees and costs" means amounts ordered by the court or
				  administrative entity or agreed to be paid to the Title IV-D Agency for genetic
				  testing, service of process, or other expenses.
21. "Former assistance case" means a Title IV-D case in which
				  an assistance unit formerly received cash assistance and is no longer receiving
				  cash assistance.
22. "Futures" means an amount of support received by the
				  Title IV-D Agency, excluding any federal or state income tax refund offset,
				  which when received exceeds the amount of current support owed in a Title IV-D
				  case with no arrearages or other unpaid obligations as stated in
				  45 CFR
				  302.51(b). Futures do not
				  include prepaid support.
23. "Handling fee" means the monthly charge prescribed in
				  A.R.S. §
									25-510,
				  which is set by the Department director, and is payable to the Title IV-D
				  Agency's Clearinghouse.
24. "Income withholding order" means an order that directs an
				  obligor's employer, payor, or the obligor to withhold monies from the obligor's
				  income.
25. "Initiating state" means a state from which a proceeding
				  is forwarded or in which a proceeding is filed for forwarding to a responding
				  state under A.R.S. Title 25, Chapter 9 or a law or procedure substantially
				  similar to A.R.S. Title 25, Chapter 9. A.R.S. §
									25-1202.
26. "Injured spouse claim" means a written request from the
				  spouse of an obligor stating that the spouse has an interest in an income tax
				  refund based on a joint federal income tax return.
27. "IRS tax reversal" means a rescission by the Internal
				  Revenue Service of a federal income tax refund offset that was previously
				  received by the Title IV-D Agency.
28. "Issuing state" means the state in which a tribunal
				  issues a support order or renders a judgment determining parentage. A.R.S. §
									25-1202.
29. "Medical assistance" means benefits received from a state
				  agency under Title XIX of the Social Security Act.
30. "Medical support judgment" means a judgment for the costs
				  of medical insurance coverage or uncovered medical expenses of the
				  child.
31. "Never assigned arrearages" means arrearages that:
a. Accrue in a never assistance case, or in a former
				  assistance case after an assistance unit's most recent period of cash
				  assistance ends; and
b. Are not assigned.
32. "Never assistance case" means a Title IV-D case in which
				  a family never received cash assistance, but could be receiving or has received
				  medical assistance under Title XIX of the Social Security Act.
33. "Nonobligated spouse" means the spouse who filed an
				  Arizona state income tax return jointly with an obligor.
34. "Non-periodic payment" means a non-recurring amount or an
				  amount that is not paid at regular intervals.
35. "Obligee" means a person or agency entitled to receive
				  support. A.R.S. §
									25-500.
36. "Obligor" means a person obligated to pay support. A.R.S.
				  §
									25-500.
37. "OCSE" means the Office of Child Support Enforcement in
				  the United States Department of Health and Human Services.
38. "Order" means a legal directive issued by an officer or
				  entity legally authorized to issue orders.
39. "Past support" means the amount of support reduced to a
				  written judgment for the care and support of a child for the period before a
				  current child support order is established.
40. "Permanently assigned arrearages" means arrearages that
				  do not exceed the total cumulative amount of unreimbursed cash assistance paid
				  to an assistance unit at the time the assistance unit leaves assistance,
				  and
a. Accrued before the family received assistance and were
				  assigned to the state before October 1, 1997; or
b. Accrue during any period in which the assistance unit
				  received cash assistance and were assigned to the state on or after October 1,
				  1997.
41. "Pregnancy and childbirth expenses" means the costs of
				  pregnancy and childbirth, which may be reduced to a written judgment under
				  A.R.S. §
									25-809.
42. "Pregnancy and childbirth judgment" means a final court
				  order for the costs of pregnancy and childbirth.
43. "Prepaid support" means payments for monthly support that
				  the obligor or the obligor's agent designate in writing as payments for support
				  in future months, even in cases with arrearages.
44. "Related payments" means monies other than support
				  received under an order or agreement.
45. "Responding state" means a state in which a proceeding is
				  filed or to which a proceeding is forwarded for filing from an initiating state
				  under A.R.S. Title 25, Chapter 9 or a law substantially similar to A.R.S. Title
				  25, Chapter 9. A.R.S. §
									25-1202.
46. "Spousal maintenance" or "spousal support" means an
				  amount of money ordered under A.R.S. §
									25-319
				  or a similar law of another state, for the support or maintenance of a spouse
				  or former spouse.
47. "State" has the meaning in A.R.S. §
									25-1202(22).
48. "Support" means the provision of maintenance or
				  subsistence and includes medical insurance coverage, or cash medical support,
				  and uncovered medical costs for the child, arrearages, interest on arrearages,
				  past support, interest on past support and reimbursement for expended public
				  assistance. In a Title IV-D case, support includes spousal maintenance or
				  spousal support that is included in the same order that directs child support.
				  A.R.S. §
									25-500.
49. "Support Payment Clearinghouse" or "Clearinghouse" means
				  the state disbursement unit for the Title IV-D Agency established under A.R.S.
				  §
									46-441
				  to collect and disburse all payments under support orders or agreements.
50. "Temporarily assigned arrearages"
a. Means arrearages that:
i. Do not exceed the total cumulative amount of unreimbursed
				  cash assistance paid to an assistance unit as of the date the unit stops
				  receiving cash assistance;
ii. Accrue before any period in which the assistance unit
				  receives cash assistance for arrearages assigned to the state on or after
				  October 1, 1997; and
iii. Are not permanently assigned arrearages; and
b. The temporary assignment is no longer effective on October
				  1, 2000, or when the assistance unit stops receiving cash assistance, whichever
				  is later.
c. Effective on and after October 1, 2009, no new temporary
				  assignments of unpaid support begin.
51. "Temporary assistance for needy families" (TANF) means
				  assistance granted under § 403 of Title IV of the Social Security Act, as it
				  exists after August 21, 1996. A.R.S. §
									46-101.
52. "Title IV-A" means Title IV-A of the Social Security Act,
				  42
				  U.S.C. 601 et seq.
53. "Title IV-D" means Title IV-D of the Social Security Act,
				  42 U.S.C.
				  651 et seq.
54. "Title IV-D Agency" means the Division of Child Support
				  Enforcement and all of its contracting entities that administer Title IV-D
				  services.
55. "Title IV-E" means Title IV-E of the Social Security Act,
				  42
				  U.S.C. 670 et seq.
56. "Title XIX" means Title XIX of the Social Security Act,
				  42 U.S.C.
				  1396 et seq.
57. "Title XIX Agency" means the Arizona Health Care Cost
				  Containment System (AHCCCS).
58. "Tribunal" means a court, administrative agency or
				  quasi-judicial entity authorized to establish, enforce or modify support orders
				  or to determine parentage. A.R.S. §
									25-1202.
59. "UIFSA" means the Uniform Interstate Family Support Act,
				  A.R.S. §§
									25-1201 et
				  seq.
60. "Unassigned arrearages" means previously permanently
				  assigned and temporarily assigned arrearages that exceed the total cumulative
				  amount of unreimbursed cash assistance paid to a family as of the date the
				  family stops receiving cash assistance and includes both unassigned
				  during-assistance arrearages and unassigned pre-assistance arrearages.
61. "Unassigned during-assistance arrearages" means all
				  previously permanently assigned arrearages that:
a. Exceed the total cumulative amount of unreimbursed cash
				  assistance paid to an assistance unit as of the date the assistance unit stops
				  receiving cash assistance; and
b. Accrue during any period in which the assistance unit
				  receives cash assistance for arrearages assigned to the state on or after
				  October 1, 1997.
62. "Unassigned pre-assistance arrearages" means all
				  previously temporarily assigned arrearages that:
a. Exceed the total cumulative amount of unreimbursed cash
				  assistance paid to an assistance unit as of the date the assistance unit stops
				  receiving cash assistance; and
b. Accrue before any period in which the assistance unit
				  receives cash assistance for arrearages assigned to the state on or after
				  October 1, 1997 but before October 1, 2009.
63. "Unreimbursed cash assistance" means the total,
				  cumulative amount of cash assistance for which the state of Arizona has not
				  received reimbursement.
64. "Voluntary payment" means monies received by the Title
				  IV-D Agency on behalf of a child for whom no order for support is
				  established.