Terms Used In Tennessee Code > Title 36 > Chapter 5 > Part 9 - Overdue Support

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• affiliate: means any entity that exercises control over or is controlled by the HMO, directly or indirectly through:
  
  
  1. Equity ownership of voting securities. See Tennessee Code 56-32-102
  2. Appraisal: A determination of property value.
  3. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  4. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  5. Attorney: means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts. See Tennessee Code 56-16-102
  6. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  7. 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. See Tennessee Code 36-5-2101
  8. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  9. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-32-102
  10. Contract: A legal written agreement that becomes binding when signed.
  11. 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.
  12. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  13. Deed: The legal instrument used to transfer title in real property from one person to another.
  14. Department: means the department of commerce and insurance. See Tennessee Code 56-1-102
  15. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  16. Enrollee: means an individual who is enrolled in an HMO. See Tennessee Code 56-32-102
  17. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
  18. Escrow: Money given to a third party to be held for payment until certain conditions are met.
  19. 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.
  20. financial institution: shall mean :
      
      
      1. A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U. See Tennessee Code 36-5-910
      2. Health care services: means any services included in the furnishing to any individual of medical or dental care, or hospitalization, or incidental to the furnishing of the care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability. See Tennessee Code 56-32-102
      3. Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Tennessee Code 36-5-2101
      4. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
      5. 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.
      6. Law: includes decisional and statutory law and rules and regulations having the force of law. See Tennessee Code 36-5-2101
      7. Lien: A claim against real or personal property in satisfaction of a debt.
      8. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
      9. Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
      10. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      11. Month: means a calendar month. See Tennessee Code 1-3-105
      12. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
      13. 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.
      14. Obligor: means an individual, or the estate of a decedent that:
          
          
          1. Owes or is alleged to owe a duty of support. See Tennessee Code 36-5-2101
          2. Oversight: Committee review of the activities of a Federal agency or program.
          3. 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. See Tennessee Code 36-5-2101
          4. person: includes an individual, insurer, company, association, organization, Lloyds, society, reciprocal insurer or interinsurance exchange, partnership, syndicate, business trust, corporation, agent, general agent, broker, solicitor, service representative, adjuster, and every legal entity. See Tennessee Code 56-32-102
          5. Personal property: All property that is not real property.
          6. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
          7. Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
          8. Property: includes both personal and real property. See Tennessee Code 1-3-105
          9. Provider: means any physician, hospital or other person that is licensed or otherwise authorized in this state to furnish health care services. See Tennessee Code 56-32-102
          10. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
          11. real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
          12. 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 Tennessee Code 36-5-2101
          13. Register: means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Tennessee Code 36-5-2101
          14. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
          15. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
          16. Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. ^{Source: OCC}
          17. 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 under the jurisdiction of the United States. See Tennessee Code 36-5-2101
          18. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          19. Statute: A law passed by a legislature.
          20. Subpoena: A command to a witness to appear and give testimony.
          21. Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
              
              
              1. Seek enforcement of support orders or laws relating to the duty of support. See Tennessee Code 36-5-2101
              2. 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. See Tennessee Code 36-5-2101
              3. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
              4. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
              5. Venue: The geographical location in which a case is tried.
              6. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
              7. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105