40-5-103. Definitions. (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 child 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.
(3) "Duty of support":
(a) means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse; and
(b) includes an unsatisfied obligation to provide support.
(4) "Governor" includes an individual performing the functions of governor or the executive authority of any state covered by this part.
(5) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state in which the child lived from birth with a parent or person acting as parent. A period of temporary absence of a parent or person acting as parent is counted as part of the 6-month or other period.
(6) "Income" includes:
(a) earnings or other periodic entitlements to money from any source; and
(b) any other property subject to withholding for support under the law of this state.
(7) "Income-withholding order" means an order or other legal process directed to an obligor's employer, as provided in Title 40, chapter 5, parts 3 and 4, or by a tribunal of another state to withhold support from the income of the obligor.
(8) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state pursuant to this part or a law or procedure substantially similar to this part, the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, or a law or procedure substantially similar to either of those acts or pursuant to a proceeding initiated by the department of public health and human services under 40-5-263.
(9) "Initiating tribunal" means the authorized tribunal in an initiating state.
(10) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.
(11) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.
(12) "Law" includes decisional and statutory law and rules and regulations having the force of law.
(13) "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 has been issued or a judgment determining parentage has been rendered;
(b) a state or political subdivision to which the rights under a duty of support or a support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee; or
(c) an individual seeking a judgment determining parentage of that individual's child.
(14) "Obligor" means an individual or the estate of a decedent:
(a) who owes or is alleged to owe a duty of support;
(b) who is alleged but has not been adjudicated to be a parent of a child; or
(c) who is liable under a support order.
(15) "Register" means to file a support order or judgment determining parentage in the registry of foreign support orders.
(16) "Registering tribunal" means a tribunal in which a support order is registered.
(17) "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 this part or a law or procedure substantially similar to this part, the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, or a law or procedure substantially similar to either of those acts or under a proceeding initiated by the department of public health and human services under 40-5-263.
(18) "Responding tribunal" means the authorized tribunal in a responding state.
(19) "Spousal support order" means a support order for a spouse or former spouse of the obligor.
(20) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian tribe or a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this part, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(21) (a) "Support enforcement agency" means a public official or agency authorized to seek:
(i) enforcement of support orders or laws relating to the duty of support;
(ii) establishment or modification of child support;
(iii) a determination of parentage; or
(iv) to locate obligors or their assets.
(b) Support enforcement agency includes:
(i) in cases brought under Title IV-D of the Social Security Act, the department of public health and human services; and
(ii) in all other cases, the prosecutor.
(22) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, that:
(a) is for the benefit of a child, a spouse or a former spouse, or a state or political subdivision;
(b) provides for monetary support, health care, arrearages, or reimbursement; and
(c) may include related costs and fees, interest, income withholding, attorney fees, and other relief.
(23) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.
History: En. Sec. 2, Ch. 237, L. 1969; R.C.M. 1947, ; amd. Sec. 2, Ch. 328, L. 1993; amd. Sec. 124, Ch. 546, L. 1995; amd. Sec. 27, Ch. 552, L. 1997; amd. Sec. 2, Ch. 352, L. 2001.