In this chapter, unless the context otherwise requires:
Terms Used In Arizona Laws 25-1202
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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.
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- 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.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
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 of a country, other than the United States, that authorizes the issuance of support orders and to which any of the following applies:
(a) It has been declared under the law of the United States to be a foreign reciprocating country.
(b) It has established a reciprocal arrangement for child support with this state as provided in section 25-1248.
(c) It has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures prescribed in this chapter.
(d) The convention is in force in the country 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 that is authorized to establish, enforce or modify support orders or to determine parentage of a child. Foreign tribunal 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 consecutive months immediately preceding the time of filing a petition or a comparable pleading for support and, if a child is less than six 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 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 laws of this state.
10. "Income withholding order" means an order or other legal process directed to an obligor’s employer, payor 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 any of the following:
(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, a state or a political subdivision of a state to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee in place of child support.
(c) An individual who seeks a judgment determining parentage of the individual’s child.
(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 meets any of the following conditions:
(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.
(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. "Petition" includes a complaint.
21. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.
22. "Register" means to file in a tribunal in this state a support order or judgment that determines parentage of a child and that is issued in another state or a foreign country.
23. "Registering tribunal" means a tribunal in which a support order or a judgment determining parentage of a child is registered.
24. "Responding state" means a state in which a petition or comparable pleading for support or determination of parentage is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
25. "Responding tribunal" means the authorized tribunal in a responding state or a foreign country.
26. "Spousal support order" means a support order for a spouse or former spouse of the obligor.
27. "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 subject to the jurisdiction of the United States. State includes an Indian nation or tribe.
28. "Support enforcement agency" means a public official, governmental entity or private agency authorized to do any of the following:
(a) Seek the enforcement of support orders or laws relating to the duty of support.
(b) Seek the establishment or modification of child support.
(c) Request a determination of parentage.
(d) Attempt to locate obligors or their assets.
(e) Request a determination of the controlling child support order.
29. "Support order" means a judgment, decree, order, decision or directive, 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, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. Support order may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees and other relief.
30. "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.