§576E-2  Attorney general; powers.  Notwithstanding any other law to the contrary, the attorney general, through the agency and the office, shall have concurrent jurisdiction with the court in all proceedings in which a support obligation is established, modified, or enforced, including but not limited to proceedings under chapters 571, 580, 584, and 576B.  The attorney general, through the agency and the office, may establish, modify, suspend, terminate, and enforce child support obligations and collect or enforce spousal support using the administrative process provided in this chapter on all cases for which the department has a responsibility under Title IV-D of the Social Security Act, including but not limited to welfare and nonwelfare cases in which the responsible parent is subject to the department’s jurisdiction, regardless of the residence of the children for whom support is sought.  These powers shall include but not be limited to the power to:

     (1)  Conduct investigations into the ability of parties to pay support and into nonpayment of support;

     (2)  Administer oaths, issue subpoenas, and require production of books, accounts, documents, and evidence;

     (3)  Establish, modify, suspend, terminate, or enforce a child support order and to collect or enforce a spousal support order in conjunction with a child support order;

     (4)  Determine that a party has not complied with a court or administrative order of support and make recommendations to the court or other agency with respect to contempt or other appropriate proceedings;

     (5)  Establish arrearage;

     (6)  Establish an order for child support for periods which public assistance was provided to the child or children by the department of human services;

     (7)  Order and enforce assignment of future income under § 576E-16, chapter 571, and § 576D-14;

     (8)  Exercise the powers and authority described in this section, notwithstanding the existence of a prior court or administrative order of support issued by another state or foreign jurisdiction, except as modified or limited by this chapter;

     (9)  Determine that an obligor owes past-due support with respect to a child receiving assistance under a state program funded under Title IV-A of the Social Security Act, including Aid to Families with Dependent Children and Temporary Assistance to Needy Families and petition the court to issue an order that requires the obligor to pay such support in accordance with a plan approved by the court or, if the obligor is subject to such a plan and is not incapacitated, participate in work activities, as defined in 42 U.S.C. § 607(d), as the court deems appropriate;

    (10)  Order genetic testing pursuant to chapter 584 for the purpose of establishing paternity, with payment of costs to be made by the agency, subject to recoupment by the State from the father or the mother, if appropriate, if paternity is established, and to also order additional testing in any case if an original test result is contested, upon request and advance payment by the contestant;

    (11)  Exercise the powers and authority described in this section, notwithstanding the existence of a prior court or administrative order of support issued by another state or foreign jurisdiction, except as modified or limited by this chapter and chapter 576B; and

    (12)  Delegate the powers and authority described in this section to hearings officers and employees of the agency.

Terms Used In Hawaii Revised Statutes 576E-2

  • Administrative order: means the order resulting from an administrative adjudication by a hearings officer or the attorney general, through the agency, of the final disposition of a matter before the agency. See Hawaii Revised Statutes 576E-1
  • Agency: means the child support enforcement agency established by § 576D-2. See Hawaii Revised Statutes 576E-1
  • Arrearage: means past due child support under an existing court or administrative order. See Hawaii Revised Statutes 576E-1
  • Child support: means payment for the necessary support and maintenance of a child as required by law that includes but is not limited to spousal support when being enforced in conjunction with child support or medical support when a court or administrative order requires the debtor parent to pay an amount in lieu of providing medical insurance coverage or to reimburse for maternity and delivery expenses incurred when the debtor parent's child was born. See Hawaii Revised Statutes 576E-1
  • Court: means the family courts of this State and, when the context requires, a court or agency of any other state having jurisdiction to establish, modify, and enforce support obligations. See Hawaii Revised Statutes 576E-1
  • Department: means the department of the attorney general. See Hawaii Revised Statutes 576E-1
  • Dependent: A person dependent for support upon another.
  • 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.
  • 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.
  • Obligor: means a responsible parent obligated by court or administrative order to pay child support. See Hawaii Revised Statutes 576E-1
  • Office: means the office of child support hearings established pursuant to § 576E-10. See Hawaii Revised Statutes 576E-1
  • Order of support: means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief. See Hawaii Revised Statutes 576E-1
  • Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, including but not limited to the custodial parent and the responsible parent. See Hawaii Revised Statutes 576E-1
  • Public assistance: means any cash paid or medical assistance provided by the department of human services to or for the benefit of any dependent child, including amounts paid to or on behalf of the child's custodian. See Hawaii Revised Statutes 576E-1
  • Responsible parent: means any person who does not have physical custody of the child and who has a legal duty of support. See Hawaii Revised Statutes 576E-1
  • Spousal support: means a legally enforceable obligation assessed against an individual for the support of a spouse or a former spouse who is living with a child or children for whom the individual also owes support. See Hawaii Revised Statutes 576E-1
  • Support order: means an obligation determined by a court or duly authorized administrative agency, for the maintenance of a dependent child, which is owed to or on behalf of the child, or to the parent or custodian with whom the child is living. See Hawaii Revised Statutes 576E-1