Subpart A Tribal Iv-D Program: General Provisions
Subpart B Tribal Iv-D Program Application Procedures
Subpart C Tribal Iv-D Plan Requirements
Subpart D Tribal Iv-D Program Funding
Subpart E Accountability and Monitoring
Subpart F Statistical and Narrative Reporting Requirements

Terms Used In 45 CFR Part 309

  • Act: means the Social Security Act, and the title referred to is title IV-D of that Act. See 45 CFR 301.1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Health and Human Services. See 45 CFR 301.1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal PLS: means the Parent Locator Service operated by the Office of Child Support Enforcement pursuant to section 452(a)(9) of the Act. See 45 CFR 301.1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Form: means a federally-approved document used for the establishment and enforcement of support obligations whether compiled or transmitted in written or electronic format, including but not limited to the Income Withholding for Support form, and the National Medical Support Notice. See 45 CFR 301.1
  • Fraud: Intentional deception resulting in injury to another.
  • IV-D Agency: means the single and separate organizational unit in the State that has the responsibility for administering or supervising the administration of the State plan under title IV-D of the Act. See 45 CFR 301.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Office of Child Support Enforcement which is the separate organizational unit within the Department with the responsibility for the administration of the program under this title. See 45 CFR 301.1
  • Overdue support: means a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a minor child, which is owed to or on behalf of the child, or for the noncustodial parent's spouse (or former spouse) with whom the child is living, but only if a support obligation has been established with respect to the spouse and the support obligation established with respect to the child is being enforced under State's IV-D plan. See 45 CFR 301.1
  • Past-due support: means the amount of support determined under a court order or an order of an administrative process established under State law for support and maintenance of a child, or of a child and the parent with whom the child is living, which has not been paid. See 45 CFR 301.1
  • Procedures: means a set of instructions in a record which describe in detail the step by step actions to be taken by child support enforcement personnel in the performance of a specific function under the State's IV-D plan. See 45 CFR 301.1
  • 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. See 45 CFR 301.1
  • Secretary: means the Secretary of Health and Human Services. See 45 CFR 301.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Spousal support: means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child or children for whom the individual also owes support. See 45 CFR 301.1
  • State: means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa. See 45 CFR 301.1
  • State PLS: means the service established by the IV-D agency pursuant to section 454(8) of the Act to locate parents. See 45 CFR 301.1
  • Statute: A law passed by a legislature.
  • Tribunal: means a court, administrative agency, or quasi-judicial entity authorized under State law to establish, enforce, or modify support orders or to determine parentage. See 45 CFR 301.1