Child Support Terms Alphabetical Search A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Term Definition Accrual Sum of child support payments that are due or overdue. Acknowledgement of Paternity A legal document that a putative father may sign voluntarily in order to assume legal paternity of a child(ren). Adjudication The entry of a judgment, decree, or order by an associate judge or magistrate judge based on the evidence submitted by each party. Adjudication of Paternity A judgment entered by a court that constitutes a legal finding of paternity. Administrative Procedure Method by which support orders are entered and enforced by an executive agency, such as the Office of the Attorney General, Child Support Services Division, rather than by courts and judges. Age of Emancipation The age when a child is legally considered to be an adult and is no longer entitled to receive child support.  In the District of Columbia, the age of emancipation is 21.  In Maryland and Virginia, the age of emancipation is 18.  A child may be entitled to support even after reaching the age of emancipation if the child has special needs.  Child support may stop before a child reaches the emancipation age if a court finds a child to be self-supporting. Arrearage Past due, unpaid child support owed by the non-custodial parent. If the parent has arrearages, he or she is said to be “in arrears”. Assignment of Support Rights A person receiving Temporary Assistance for Needy Families (TANF) agrees to turn over to the State any right to child support, including arrearages, paid or owed by the obligated parent, in exchange for receipt of TANF and other benefits. Case A collection of people associated with a particular child support order, court hearing, and/or request for IV-D services.  This typically includes a custodial parent, a dependent child(ren), and a non-custodial parent.  Every child support case has a unique case identification number. It includes names and identifying information about the people involved in the case. It also includes information such as wage data, court order details, and payment histories. Case Law Law established by the history of judicial decisions in cases rather than being written or created by federal, state, and local governments. Child Support Financial support paid by a parent to help support a child that does not live with that parent.  Child support can be entered into voluntarily or by a court order. The District of Columbia law allows reduced child support in cases where the parents have joint custody of the child(ren). Child Support Enforcement (CSE) Agency Agency that exists in every state that locates non-custodial parents or putative fathers for the purpose of establishing, enforcing and modifying orders and judgments for child support and paternity. The CSE Agency also collects and distributes child support money.  Operated by state or local government according to the Child Support Enforcement Program guidelines as set forth in Title IV-D of the Social Security Act.  It is also known as the “IV-D Agency”.  In the District of Columbia, this agency is called the Child Support Services Division (CSSD). Child Support Services Division (CSSD) The District of Columbia’s IV-D and CSE Agency, responsible for locating non-custodial parents or putative fathers, establishing, enforcing and modifying child support, establishing paternity, and the collection and distribution of child support money. Complaint Written document filed in court in which the person initiating the action names the persons, allegations, and relief sought. Consent Agreement Voluntary written admission of paternity or responsibility for support. Consumer Credit Protection Act (CCPA) Federal law that limits the amount that may be withheld from earnings to satisfy child support obligations. States are allowed to set their own limits provided that they do not exceed the federal limits. Regardless of the number of withholding orders that have been served, the maximum that may be withheld for child support is: * No Arrears or arrears of less than 12 weeks 50% with a second family; 60% single * Arrears of 12 or more weeks 55% with a second family; 65% single Continuing Exclusive Jurisdiction (CEJ) The doctrine that only one support order should be effective and enforceable between the same parties at any one time, and that when a particular court has obtained jurisdiction to determine child support and custody, it retains authority to amend and modify its own orders. The court will continue to have CEJ until another court takes it away. Court Order A legally binding decision issued by a court of law.  A court order for child support can state the amount, frequency and type of support to be paid, the duration of the payments, and whether or not the payments must be withheld from the non-custodial parent’s wages. Custodial Parent The person who has primary care, physical custody and control of a child(ren). The person with whom a child(ren) lives. Custody Order Legally binding court order that determines where and with whom a child shall live with. Default (Ex Parte) The failure of a respondent to appear in a civil case within the legal time limits after having been properly served with a summons or notice to appear and a petition.  Once this occurs, a court can enter a default judgment or ex parte order against the respondent.  Default Judgment Decision made by the court when the defendant fails to respond and/or appear at a court hearing. In District of Columbia child support hearings, orders/judgments entered by default are commonly referred to as ex parte orders. Dependant A child who is under the care of someone else and is not self-supporting. Most children who are eligible to receive child support must be a dependent.  The child ceases to be a dependent when they reach the age of emancipation as determined by state law. However, under special circumstances an adult can be classified as a dependent and can remain eligible for child support after reaching the age of emancipation. Direct Income Withholding A procedure that allows an income withholding order to be sent directly to the non-custodial parent’s employer in another state, without the need to use IV-D agency in the non-custodial parent’s state. Withholding begins unless the non-custodial parent argues against it. The notice can be sent by any party but is usually sent by the IV-D agency. Disbursement The paying out of collected child support funds. Distribution Support payments collected and applied to the various types of obligations within a child support case (current support, arrears, retroactive support, etc.). Electronic Funds Transfer (EFT) Process by which money is transferred electronically from one bank account to another; a common method for payment of child support orders. Enforcement The application of remedies to obtain payment of a child support or medical support obligations contained in a child support order.  Wage withholding is a form of enforcement, as are tax intercept, license revocation, and passport denial. Establishment The process of proving paternity and/or obtaining an order for child support through the court or administratively. Federal Parent Locator Service (FPLS) A service operated by the Office of Child Support Enforcement in the U.S. Department of Health and Human Services to assist the states in locating responsible persons for the purpose of obtaining child support payments; also used in cases of parental kidnapping related to custody and visitation determinations.  FPLS obtains employer and home address information from Federal agencies.  Federally-assisted Foster Care A program, funded in part by the federal government, under which a child is raised by someone other than his or her own parent, in a licensed household or facility. Full Faith and Credit Doctrine under which a state must honor an order or judgment entered in another state. This doctrine applies to all child support orders and paternity adjudications or acknowledgements. Garnishment A legal proceeding under which part of person’s wages and/or assets is involuntarily withheld for payment of an obligation.  Genetic Testing Analysis of inherited factors to determine paternity. Gross Income Total income earned by a person prior to the taking of any taxes or deductions. Guidelines A standard method for setting child support obligations based on the income of both parents and other determined factors. Income As defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), income is any periodic form of payment to an individual, regardless of source, including wages, salaries, commissions, bonuses, worker’s compensation, disability, and pension. Income is subject to withholding for payment of child support. Intercept A method of securing child support by taking a portion of non-wage payments made to a non-custodial parent, including federal and state tax refunds, unemployment benefits, and lottery winnings. Jurisdiction The power and authority of a court to hear and determine a judicial proceeding and to issue a judgment.  A court can also have jurisdiction over a person to enter a judgment against that person. Legal Father A man who is recognized by law as the male parent. Lien A claim upon property to prevent sale or transfer until a debt is satisfied. Long-arm Statute A law that permits one state to claim personal jurisdiction over someone who lives in another state. Medicaid Program Federally-funded medical support for low-income families. Medical Support Form of child support that requires the custodial or non-custodial parent to obtain medical insurance coverage for the dependent child or to reimburse the custodial parent for obtaining coverage.  Medical support can also require the non-custodial parent to reimburse the government if the dependent child is receiving Medicaid or to reimburse the custodial parent for medical expenses which are not covered by insurance or to pay cash medical support to the reimburse the parent who is providing the medical insurance coverage. Net Disposable Income The portion of an employee’s earnings that remains after deductions required by law.  It is used to determine the amount of an employee’s pay which is subject to withholding for child support. Notice of Hearing and Order Directing Appearance (NOHODA) A legal document that orders a non-custodial parent to appear in court on a specified time and date. The NOHODA is personally served upon the non-custodial parent along with a copy of the child support petition. If the non-custodial parent fails to appear, a warrant can be issued for his/her arrest. Non-custodial Parent The parent who does not have primary care, physical custody or control of the dependent child(ren). Obligation Amount of money to be paid by the non-custodial parent for an order for child support, the obligation is recurring and ongoing until the order is terminated. Office of Child Support Enforcement (OCSE) The Federal agency responsible for administration of the child support program. Created in 1975 by the Title IV-D of the Social Security Act, OCSE is responsible for developing policy related to child support, and for overseeing the operations of the child support programs in each state.  OCSE is a part of the Administration for Children and Families (ACF) within the United States Department of Health and Human Services (DHHS). Order Directive issued by a magistrate judge or associate judge.  Orders can be oral or written. Order/Notice to Withhold Child Support The form used by all states that standardizes the information used to request income withholding for child support. Paternity Legal determination of fatherhood. Paternity must be established before child support or medical support can be ordered. Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) Legislation that requires employers, public licensing agencies, financial institutions and state and Federal child support agencies to assist in the location of NCP’s and the establishment, enforcement and collection of child support.  It is also known as Welfare Reform. Petitioner/Plaintiff A person, party, or government entity who files a civil case with the court. Petition to Establish Paternity and/or Provide Support Legal document used by CSSD and filed with the court to ask for an order establishing paternity and child and/or medical support. Private Case One where the custodial parent is not receiving public assistance (welfare) from the government or IV-D services.  Private cases can be subject to wage withholding. Putative Father The person alleged to be the father of a child, but who has not yet been biologically or legally declared to be the father. Recipient A person who receives support funds and/or Temporary Assistance to Needy Families (TANF). Respondent/Defendant The party answering the petition or motion; the non-custodial parent. Retroactive Support Child support that is ordered for a period time before the child support case began. It is generally incorporated into an order for current support as a separate payment.  In the District of Columbia the time limit for retroactive support is two years from the date that a support petition is filed. Review and Adjustment Process in which current financial information is obtained from both parties in a child support case and evaluated to decide if a support order needs to be adjusted (i.e. increased or decreased).  Federal law requires that the review and adjustment process be conducted every three (3) years. Service of Process The delivery of a writ or summons to a party for the purpose of obtaining jurisdiction over that party. Show Cause A court order directing a person or entity to appear in court and bring forth evidence as to why they should not be found in contempt of court for failure to comply with a child support order or order for wage withholding.  State Disbursement Unit (SDU) The centralized collection unit in each state where all child support payments are processed, including wage withholding payments from employers.  In the District of Columbia the SDU is called the D.C. Child Support Clearinghouse. Subpoena A document issued by a court compelling a witness to appear at a judicial proceeding and/or to present evidence. Summons A notice to a respondent that an action against him/her has been filed in court and a judgment may be taken against him/her if the action is not answered within a certain time or if he/she fails to appear in court. Support Order An order, whether temporary, permanent or subject to modification, issued by a court for the support and maintenance of a child. It can include medical support, medical coverage, arrears payments and current support.  The court must have proper jurisdiction of the case and the persons involved before it can enter the support order. Tax Offset Amount of money taken from a parent's state or federal income tax refund to satisfy a child support debt. Temporary Assistance to Needy Families (TANF) Time-limited public assistance payments made to poor or needy families, based on Title IV-A of the Social Security Act. TANF replaced Aid to Families with Dependent Children (AFDC or welfare) when PRWORA was signed into law into 1996.  The program provides parents with job skills training and other support services to help them become self-sufficient. Uniform Interstate Family Support Act (UIFSA) Laws in each state designed to provide mechanisms for establishing and enforcing support obligations in cases where the non-custodial parent resides in one state and the custodial parent resides in a different state. UIFSA provides for Direct Income Withholding. Visitation The right of a non-custodial parent to visit or spend time with his or her children.  Wage Withholding A procedure by which monies are automatically deducted from wages or income to pay child support. It is generally incorporated into the support order and is involuntary. The employer withholds the support payment from the employee’s wages and then forwards the payment to the SDU.  Alphabetical Search A B C D E F G H I J K L M N O P Q R S T U V W X Y Z