The Florida Senate

¹88.031  Definitions.--As used in this chapter, unless the context requires otherwise:

(1)  "Court" means the circuit court of this state and, when the context requires, means the court of any other state as defined in a substantially similar reciprocal law.

(2)  "Department" means the Department of Revenue.

(3)  "Duty of support" means a duty of support whether imposed or imposable by law or by order, decree, or judgment of any court, whether interlocutory or final or whether incidental to an action for dissolution of marriage, separation, separate maintenance, or otherwise, and includes the duty to pay arrearages of support past due and unpaid.

(4)  "Governor" includes any person performing the functions of governor or the executive authority of any state covered by this act.

(5)  "Initiating court" means the court in which a proceeding is commenced.

(6)  "Initiating state" means a state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.

(7)  "IV-D program" means the Child Support Enforcement Program operated pursuant to Title IV-D of the Social Security Act 42 U.S.C. s. 1302, 88 Stat. 2351, Pub. L. No. 93-647, and chapter 409.

(8)  "Law" includes both common and statutory law.

(9)  "Petitioner" means a person, including a state or political subdivision, to whom a duty of support is owed or a person, including a state or political subdivision, who has commenced a proceeding for enforcement of an alleged duty of support or for registration of a support order. It is immaterial if the person to whom a duty of support is owed is a recipient of public assistance.

(10)  "Petitioner's representative" means the Department of Revenue only in cases certified pursuant to Title IV-D of the Social Security Act. In non-IV-D cases, "petitioner's representative" means the petitioner or private counsel retained by the non-IV-D petitioner.

(11)  "Program attorney" means an attorney employed by, or under contract with, the department to provide legal representation for the department in a proceeding related to determination of paternity or child support enforcement brought pursuant to law.

(12)  "Register" means to record or file in the Registry of Foreign Support Orders.

(13)  "Registering court" means any court of this state in which a support order of a rendering state is registered.

(14)  "Rendering state" means a state in which the court has issued a support order for which registration is sought or granted in the court of another state.

(15)  "Respondent" means any person owing a duty of support or against whom a proceeding for the enforcement of a duty of support or registration of a support order is commenced.

(16)  "Responding court" means the court in which the responsive proceeding is commenced.

(17)  "Responding state" means a state in which any responsive proceeding pursuant to the proceeding in the initiating state is commenced.

(18)  "State" includes a state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, in which this or a substantially similar reciprocal law is in effect, and includes any foreign nation or state of a foreign nation declared pursuant to s. 88.0405 to have similar reciprocal provisions.

(19)  "Support order" means any judgment, decree, or order of support in favor of a petitioner, whether temporary or final or subject to modification, revocation, or remission, regardless of the kind of action or proceeding in which it is entered.

(20)  "Support" includes:

(a)  Support for a child, or child and spouse, or former spouse who is living with the child or children, but only if a support obligation has been established for that spouse and the child support obligation is being enforced under Title IV-D of the Social Security Act; or

(b)  Support for a child who is placed under the custody of someone other than the parent pursuant to s. 39.41.

History.--s. 3, ch. 29901, 1955; s. 1, ch. 73-300; s. 4, ch. 79-383; s. 1, ch. 81-86; s. 158, ch. 86-220; s. 7, ch. 87-95; s. 13, ch. 92-138; s. 10, ch. 94-124; s. 1376, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.