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Acknowledged Father

A man who has acknowledged or recognized the paternity of a child by completing, with the child's mother, a voluntary acknowledgment of paternity.

Adjudicated Father

A man who has been found, by entry of a legal judgment, to be the father of a child born out of wedlock.

Administrative Hearing

The process whereby a noncustodial parent's or obligor's objections to an administrative action taken by the Division of Child Support Enforcement (DCSE) are heard by an impartial hearing officer upon a timely request.  A custodial parent may request an administrative hearing if he or she disagrees with the result of a modification review.

Affidavit

A written statement made under oath before a notary public testifying that the information being provided is true and correct.

Age of Majority

Refers to a child who has attained "legal age" or "adulthood."  In Kentucky, the age of majority is 18 or age 19 for an unmarried child who is a full-time high school student, but not beyond the completion of the school year during which the child reaches the age of 19 years. 
The age of majority is generally the age at which support payments are terminated unless the child is still in high school or is disabled.

Agreed Judgment

A judgment reached by agreement of the parties involved.

Alleged Father (interchangeable with 'Putative Father')

The man named as the possible biological father of a child born out of wedlock. 

Applicant

A person who has requested IV-D services, either from an area child support office or from a contracting official.

Arrearage

The total unpaid support obligation owed by a noncustodial parent or obligor. 

Accrued Arrearage

The amount of arrears that are not specified in a court or administrative order, but which accrue due to nonpayment of support.  Accrued arrearages are fully enforceable and automatically become a judgment on the date that the unpaid support is due.

Adjudicated Arrearage

The amount of arrears reduced to a judgment or specified in a court or administrative order.

Assigned Arrearage

Any unpaid child support owed to a custodial parent which he or she assigns as a condition for receiving public assistance services.  In addition, an assigned arrearage is an arrearage that accrues during the time K-TAP is or was received.

Unassigned Arrearage

Support owed to a custodial parent which has accrued after IV-D services are stopped.

Assistance Payment

The grant or money payment made to a needy family by either the K-TAP or FC program.

Burden of Proof

The necessity for a person to confirm or prove a fact in dispute on an issue raised between the parties.

Cabinet for Families and Children (CFC)

The state agency responsible for providing services to Kentuckians in need.

Caretaker Other Than Parent

This term refers to an individual who is the custodian of the children) but who is not the biological mother or father of the child(ren).

Child Support

The money paid by a person specifically to provide for the needs of a minor child.

Child Support Action

A judicial and/or an administrative action taken under Kentucky law to establish an amount of money to be paid by a noncustodial parent or obligor to provide for the needs of a minor child.

Child Support Guideline

Sets forth a recommendation for the physical support of children based on a determination of income available to both parents.

Closed Case

A case in which there is little or no potential for successfully completing action now or in the future.

Common-Law Marriage

An agreement between a legally competent man and a legally competent woman to contract a marriage.  The term refers to a marriage which occurs without a religious or a civil ceremony.  The man and woman must have lived together and indicated to the community that they were husband and wife.

Contested Paternity

A legal action in which the issue of paternity may be raised under state law and one party denies paternity.

Contracting Official

An attorney who signs a contract with CFC in order to provide Title IV-D services.

Court Order

Any judgment, decree or order of court of this state or any other state.  A court order is a judicial order and may or may not order child support.  A support order can be either judicial or administrative and does order child support.

Custodial Parent

The parent who has physical custody of the child.

Decree

A written ruling of a court that establishes certain obligations for the parties involved in the action.

Default

The failure of a respondent/defendant to file an answer, appear in person, or provide requested material after having been properly served with a summons and complaint.

Default Judgment

A method used both administratively and judicially to establish a support order when a noncustodial parent fails to return a financial statement or to keep an appointment that was scheduled to determine a support obligation.

Defendant

In a civil case, the defendant, also known as the respondent, is the person against whom relief or recovery is sought in an action suit.  In a criminal case, the defendant is the accused.

Dependent Child

Any child under the age of 18, age of 19 if still in high school, who is not emancipated, self supporting, or a member of the armed forces and who is a recipient of public assistance or Medicaid benefits.

Dismissed with Prejudice

Judicial action is completed for a child support or paternity case meaning that this particular case cannot be heard again.

Dismissed without Prejudice

Judicial action is completed for a child support or paternity case meaning that this particular case can be redocketed and heard at a later date.

Distribution

Either the payment or collections to a family or the allotment of various portions of the collections to the state and federal government for reimbursement expended for a child in Foster Care.

Division of Child Support Enforcement (DCSE)

DCSE is the state government agency which administers the child support enforcement program in Kentucky.

Earnings

Wages, salaries, commissions, bonuses, UI benefits, and periodic payments from pensions, retirement programs and insurance policies are all classified as earnings.  Also, any profit gained through the sale of any asset or property is considered earnings.

Electronic Funds Transfer (EFT)

This is a process that allows CFC to electronically transfer child support payments to a custodial parent's checking or savings account.

Emancipation

This term is primarily used to refer to the release of a minor child from the control and supervision of his or her parents.  In Kentucky, a child reaches the age of majority or is emancipated at age 18 or age 19 if still in high school.  A child also becomes emancipated by marrying, becoming self supporting, or joining the armed forces.

Extradition

Extradition is the surrendering by one state or country to another state or country a person who is charged with a crime, for example, nonsupport.

Felony

A crime which is more serious than a misdemeanor.  It is an offense punishable by imprisonment for a period in excess of one year and is usually served in a penitentiary rather than a county or city jail.

Foster Care

Temporary care for a child who is separated from his or her parents of relatives because the parents or relatives are unable to give supervision and physical and/or emotional care; the child is in an abusive situation (physically, emotionally, or sexually); there are severe parent and child conflicts; the parent or child is unable to control behavior; or the family has a temporary crisis.

Garnishment

A legal process whereby a person's property, money or credit, under the control of another person or entity, is withheld and applied to the payment of a debt.  

Genetic Tests

Blood or tissue typing tests including, but not limited to, tests of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins, electrofloresis, or deoxyribonucleic acid.

Gross Income

Includes, but is not limited to income from salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, Supplemental Security Income (SSI), gifts, prizes, and alimony or maintenance received.  This does not include income from K-TAP benefits and food stamps.

Hearing

A formal proceeding at which evidence is presented and testimony is given.  An administrative hearing is a proceeding before an impartial hearing officer who has been appointed by CFC.  An administrative hearing allows a person to present his or her side of the story.  All testimonies at a hearing are taken under oath and recorded.  Documents presented as evidence are made a part of the record.

Home State

This term refers to the state in which a child lived with a parent or a person acting as the parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support.  If a child is less than six months old, the state in which the child lived from birth with the parent or person acting as the parent is considered the home state.  A period of temporary absence is counted as part of the six month period.

Hospital-Based Program

A program that provides the unmarried mother and alleged father the opportunity to voluntarily acknowledge paternity in a hospital.

Imprest Cash

A method used by the Accounting Branch to send money to a custodial parent immediately, rather than through the normal disbursement process.  An imprest cash voucher issues the payment immediately from a special cash account.

Judgment

A judgment is an official ruling of the court upon the respective rights of the parties to a certain action.

Judicial Process

The court's establishment, modification and enforcement of child support orders.  This process may also be referred to as judicial remedy and, more specifically, may refer to action related to the function of judges.

Jurisdiction

The geographic area over which a court or officer of the court has legal authority.

Kentucky Transitional Assistance Program (K-TAP)

The program which issues payments made on behalf of children who are deprived of one or both of their parents.  These monetary payments are guaranteed under Title IV-A of the Social Security Act.  This program is also known as welfare or public assistance.

Law Enforcement Official (LEO)

An elected or appointed officer of the court who is responsible under state law for the initiation and enforcement of child support and paternity actions.

Legitimate Child

A child born during the lawful wedlock or within a common-law relationship in a state that recognizes common-law marriage.  A legitimate child is also a child conceived before marriage but legitimized by the marriage of the parents prior to his or her birth.

Licensed Child Care Facility

A child care service which is regulated by CFC, Division of Licensing and Regulation.  It regularly provides full or part time care, day or night, to at least seven children who are not related to the child care operator by blood, marriage, or adoption.

• A Type I Licensed Child Care Facility: provides care to 13 or more children
• A Type II Licensed Child Care Facility: provides care for seven to 12 children

Lien

A legal method which enables CFC to take and sell or hold the property of a debtor, specifically, a noncustodial parent or obligor, as payment for a debt.

Long-Arm Statute

Various state legislative acts which provide for state jurisdiction over nonresidents of that state.  These laws allow the local court where the child resides to obtain personal jurisdiction over a defendant who lives in another state when the child was conceived in Kentucky or when the marital residence was in Kentucky.

Minor

A child who has not reached the age of majority or who is not otherwise emancipated.

Misdemeanor

A criminal offense lower than a felony.  It is generally punishable by a fine or imprisonment (other than in a penitentiary) for less than one year.

Mistake of Fact

Either the obligation amount and/or the arrearage amount is incorrect or DCSE has identified the wrong person.

Net-Income

Also referred to as disposable earnings, refers to that part of a person's earning or wages which remain after all deductions, which are required by law, to his or her pay are withheld. 

Noncustodial Parent

A parent who does not have physical custody of a child.  When used by DCSE, this term may also be used to describe the alleged father in a paternity case.

Noncustodial Parent or Obligor

Used to include situations involving split custody.  When custody is split, neither parent is considered to be a noncustodial parent.  The term "obligor" has been added to refer to the parent for whom a support obligation exists in a split custody case.

Nondisclosure Finding

A finding that the health, safety, or liberty of a party or  child will be unreasonably put at risk by revealing identifying information (e.g. residential address).  The Uniform Interstate Family Support Act (UIFSA) requires that interstate petitions must include certain identifying information regarding the parties and child(ren) unless a tribunal makes a nondisclosure finding by ordering that the address or identifying information not be disclosed.

Non-K-TAP Case

A case in which a child receives IV-D services, but does not receive K-TAP benefits.  A regular non-K-TAP case is one in which the custodial parent has completed an application and paid a fee.  Medicaid (MA) Only, Transitional Child Care (TCC), and continuation of services (COS) cases are also classified as non-K-TAP cases.

Nonparental Custodial Parent

A custodial parent who is not a mother or a father, but is a grandmother, grandfather, aunt, uncle, cousin, etc.

Nonsupport

The failure to provide support for a dependent child.  Nonsupport includes felony and misdemeanor violations under KRS 530.050.

Notary Public

A person authorized by law to attest by his or her signature and seal on a document that the person signing a document is, in fact, the person whose name appears on the document.

Obligation Amount (OA)

The amount of child support which a noncustodial parent or obligor has been ordered to pay.

Obligee

The individual or state agency that is owed or is alleged to be owed support or in whose favor a support order has been issued or a judgment determining parentage has been rendered.  If an obligee receives public assistance, he or she assigns his or her support rights to the state.

Obligor

The individual who owes or is alleged to owe child support.  This term includes alleged or putative fathers whose paternity of the child(ren) has not yet been established.

Parental Custodial Parent

A custodial parent who is a mother or a father.

Part-Time Child Care

Child care provided for less than five hours per day.

Paternity Action

Judicial action taken under state law (KRS Chapter 406) to determine the father of a child born out of wedlock.

Paternity Index

The commonly accepted indicator used for denoting the existence of paternity.  It represents the mathematically computed probability that the putative father is the true father of the child, as opposed to any other man of similar racial background.  The paternity index, computed using results of various paternity tests following accepted statistical principles for the computation of probability, shall be in accordance with the method of expression accepted by the American Association of Blood Banks.

Payee

The custodial parent or the person who receive IV-D services on behalf of a dependent child.

Payee Conversion

Action taken by DCSE which "converts" payments either from the K-TAP or non-K-TAP custodial parent to CFC or from CFC to the non-K-TAP custodial parent.

Payment Agreement

An agreement to formalize a payment schedule with a noncustodial parent or obligor who is delinquent in making support payments.

Payor

The noncustodial parent or obligor who is responsible for making child support payments on behalf of a dependent child.

Personal Jurisdiction

A state tribunal has the legal authority to make decisions which directly affect an individual.

Personal Property

Any belongings of a noncustodial parent or obligor which are moveable, such as boats, vehicles or trailers.

Personal Service

The "in person" notification of legal action.  Personal service is considered to have been completed when a caseworker or sheriff actually hands the document indicating legal action to the noncustodial parent or obligor.  Personal service is used when mail cannot be delivered to a noncustodial parent or obligor.

Personal Service Contract

An agreement entered into between CFC and a nonelected official whereby the official agrees to assist in IV-D services for a fee not to exceed a specified amount.  This agreement or contract must be approved by the Legislative Research Commission.

Petition

A request from someone to a court asking that the court use its authority to resolve a question or grant a favor.  A petition may also refer to a formal written request submitted to the court which asks that a certain action be taken.

Petitioner

The party who is filing the petition and bringing the action.  Some states list the individual who is the moving party (i.e. the obligee seeking support or the obligor seeking modification of an existing order) as the petitioner.  Other states list the initiating state child support agency as the petitioner, particularly for cases in which the obligee has assigned support rights to the state, since the agency is bringing action on behalf of a party.

Plaintiff

The plaintiff, also known as the petitioner, is the person who brings an action to court or the party who complains or sues in a civil case.

Putative Father

The possible biological father of a child for whom paternity has not been established.  The term "putative father" is interchangeable with the term "alleged father."

Real Property

A noncustodial parent's or obligor's belongings which are fixed, permanent, or immovable.  Real property includes items such as buildings or land.

Rebuttably Presumed

This is an assumption that holds good until evidence to the contrary is presented in a court of law.  For example, either the mother or the father may petition the court to declare within the year that the father is not the biological father of the child.  If the alleged father is excluded as the father, the court must order that the alleged father's name be removed from the birth certificate.

Registered

The act of filing a support order or judgment determining paternity with CFC.

Registering Tribunal

A tribunal which registers a support order.

Registration of a Foreign Judgment or Support Order

A procedure under Kentucky statute whereby a support order from another state or country is registered in a Kentucky county.  A foreign judgment or support order which is registered in Kentucky is treated in the same manner as a judgment or support order issued by a Kentucky court.

Respondent

The party who must respond to the action that is being filed.  For example, if the obligee is the petitioner who is seeking support from the obligor, then the obligor is the respondent.  However, if the obligor is the petitioner seeking to establish his paternity of the child(ren) or to modify an existing support order, then the obligee is the respondent.

Responding State

The state to which a petition or comparable pleading is forwarded.

Responding Tribunal

The authorized tribunal in a responding state.

Retirement, Survivors and Disability Insurance (RSDI) Benefits

Social Security benefits payable under Title II of the Social Security Act to retirees, survivors, or disabled individuals.  The amount of these benefits is based on the amount of money an individual has paid into the Social Security system.  A child can receive these benefits, up to the age of 18, based on his parent's retirement, death or disability.

Separation Agreement or Separate Maintenance Order

A document which provides for the distribution of property and/or for child support.  This agreement may be incorporated into the divorce decree by reference.

Special Needs Child Care

A type of care given to children who have developmental delays and/or physical, mental, or emotional disabilities.  The term "special needs" can refer to a type of care or to a type of child.

Spousal Support Order

A support order for a spouse or former spouse or the obligor.

State

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  It also includes an Indian tribe and any foreign jurisdiction that has established procedures for issuance and enforcement or support orders similar to the procedures or UIFSA, URESA, RURESA.

State Parent Locator Section (SPLS)

SPLS is the state unit responsible for locating noncustodial parents or obligors.

Statute

A law enacted by the state legislature.  A statute prohibits an action or demands or declares that some action be taken.

Statute of Limitations

A legislative enactment which prescribes the period of time within which a civil suit must be brought upon a certain claim.  In criminal law, the statute of limitations determines the time within which a state must initiate a prosecution for an offense.

Statutory Benefit

A money payment received, by an individual, from a government agency or program as a result of a law or statute.  Examples of such benefits are Social Security and Veteran's benefits.

Subpoena

A process or a form, either of which can be used to bring a witness or evidence before the court and require the witness to give testimony.

Summary Judgment

A decision of a court concerning the merits of a lawsuit which is rendered on the motion of a party when the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show that there is no genuine issue as to any material fact.  A summary judgment is a court decision which shows that the party who made the motion is entitled to a judgment as a matter of law.

Summons

A written document directed to a sheriff or other proper official which requires the sheriff/official to notify the person named on the summons that an action has been taken against him or her.  The summons notifies the person to appear in court at a specified day and time.

Supplemental Security Income (SSI) Benefits

SSI benefits are money payments made to the aged, blind, or disabled.  These payments are made possible under Title XVI of the Social Security Act.  SSI payments are paid to those who have not paid (of have not paid enough) into the Social Security system and therefore do not qualify for full Social Security benefits based solely on age or disability.  Unlike RSDI benefits, children are not automatically eligible for SSI because their parents receive SSI.  They can, however, receive SSI based on their own blindness or disability up to the age of 18.

Termination of Parental Rights

A judicial proceeding which ends the legal relationship between a parent and a child.  Termination may be voluntary or involuntary.

Transitional Child Care (TCC)

Provides money to certain K-TAP custodial parents to aid in child care payments for up to 12 months when their benefits are discontinued due to increased earnings.  These payments are made directly to the child care provider. 

Tribunal

A court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.

Unregulated Child Care Facility

Provides care for three or fewer nonrelated children and is not licensed, certified, or regulated by the state or federal government.

Verdict

The formal decision made by a trial jury as to the matters of fact which were submitted to that jury.

Voluntary Payment

A contribution made by a noncustodial parent or obligor to his or her child when there is not a support order.

Wage Assignment

The process whereby an employer turns over a portion of the noncustodial parent's or obligor's wages to a court of collection agency as payment for child support.

Warrant

An order authorizing an officer to make an arrest, seizure, or search or perform some other designated act.

Workable Case

A case that does not meet unworkable criteria or case closure criteria.  A workable case has the potential for action to be successfully completed for the case.