North Carolina General Statutes 52C-7-701. Definitions
As used in this Article:
(1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
Terms Used In North Carolina General Statutes 52C-7-701
- Central authority: means the entity designated by the United States or a foreign country described in N. See North Carolina General Statutes 52C-7-701
- 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 North Carolina General Statutes 52C-1-101
- 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. See North Carolina General Statutes 52C-1-101
- Department: means the North Carolina Department of Health and Human Services, Division of Social Services. See North Carolina General Statutes 52C-1-101
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
- Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See North Carolina General Statutes 52C-1-101
- Obligee: means :
- Obligor: means an individual who, or the estate of a decedent that:
- 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 North Carolina General Statutes 52C-1-101
- 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 North Carolina General Statutes 52C-1-101
- Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or a foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See North Carolina General Statutes 52C-1-101
- 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 North Carolina General Statutes 52C-1-101
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) “Central authority” means the entity designated by the United States or a foreign country described in N.C. Gen. Stat. § 52C-1-101(3a)d. to perform the functions specified in the Convention.
(3) “Convention support order” means a support order of a tribunal of a foreign country described in N.C. Gen. Stat. § 52C-1-101(3a)d.
(4) “Direct request” means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) “Foreign central authority” means the entity designated by a foreign country described in N.C. Gen. Stat. § 52C-1-101(3a)d. to perform the functions specified in the Convention.
(6) “Foreign support agreement” means an agreement for support in a record that:
a. Is enforceable as a support order in the country of origin;
b. Has been (i) formally drawn up or registered as an authentic instrument by a foreign tribunal or (ii) authenticated by or concluded, registered, or filed with a foreign tribunal; and
c. May be reviewed and modified by a foreign tribunal.
The term includes a maintenance arrangement or authentic instrument under the Convention.
(7) “United States central authority” means the Secretary of the United States Department of Health and Human Services. (1995, c. 538, s. 7(c); 2015-117, s. 1.)