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Terms Used In Hawaii Revised Statutes 576D-1

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Statute: A law passed by a legislature.

For the purpose of this chapter:

“Absent parent” means a parent who is absent from the family, whether or not the parent is a debtor parent.

“Agency” means the child support enforcement agency established under section 576D-2.

“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.

“Compliance with an order of support” means that an obligor:

(1) Is not delinquent in payments in an amount equal to or greater than the sum of payments for child support for a three-month period with regard to driver’s licenses and recreational licenses and a six-month period with regard to professional and vocational licenses; or

(2) Has obtained or maintained health insurance coverage as required by a child support order.

“Custodial parent” means a parent, guardian, or other person having custody of the child.

“Debtor parent” means any person who is delinquent in payment of child support payments or who owes a public assistance debt.

“Department” means the department of attorney general, unless otherwise specified.

“License” means any license, certification, registration, or permit issued by a licensing authority for recreational purposes, or to conduct a trade or business, including a license to practice a profession or vocation, or a license to operate any motor vehicle, boat, airplane, or helicopter.

“Licensing authority” means any unit of the state or county government, including agencies, departments, boards, commissions, or authorities, or any other entity within the State or county authorized by statute to grant or deny licenses.

“Obligor” means a responsible parent obligated by court or administrative order to pay child support.

“Office” means the office of child support hearings established pursuant to chapter 576E.

“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. An order of support may include spousal support when ordered to be paid in conjunction with the support and maintenance of a child; provided that the spousal support provision in an order of support shall only be enforced by the agency when the support and maintenance of a child is being enforced. An order of support may also include medical support when the debtor parent is ordered 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.

“Other state” includes:

(1) All states of the United States other than the State of Hawaii;

(2) The District of Columbia;

(3) Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States;

(4) Any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe and is included in the list of federally recognized Indian tribal governments as published in the Federal Register that is operating under Title IV-D; and

(5) A foreign country or a political subdivision thereof:

(A) Declared to be a foreign reciprocating country under Title IV-D; or

(B) With which the State has entered into a reciprocal arrangement for the establishment and enforcement of support obligations to the extent consistent with Title IV-D.

“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.

“State” means the State of Hawaii.

“Title IV -A”, “Title IV-B”, “Title IV-C”, “Title IV-D”, and “Title IV-E” mean Title IV-A, Title IV-B, Title IV-C, Title IV-D, and Title IV-E, respectively, of the federal Social Security Act (August 14, 1935, Chapter 531, 49 Stat. 620), as amended.