[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR21.72]



[Page 82-83]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 21_COMMISSIONED OFFICERS--Table of Contents

 

       Subpart C_Involuntary Child and Spousal Support Allotments

 

Sec.  21.72  Definitions.



    (a) Child support. Periodic payments for the support and maintenance 

of a child or children, subject to and in accordance with State or local 

law. This includes, but is not limited to payments to provide for health 

care, education, recreation, clothing, or to meet



[[Page 83]]



other specific needs of such a child or children.

    (b) Spousal support. Periodic payments for the support and 

maintenance of a spouse or former spouse in accordance with State or 

local law. It includes, but is not limited to, separate maintenance, 

alimony pendente lite, and maintenance. Spousal support does not include 

any payment for transfer of property or its value by an individual to 

his or her spouse or former spouse in compliance with any community 

property settlement, equitable distribution of property, or other 

division of property between spouse or former spouse.

    (c) Notice. A court order, letter, or similar documentation issued 

by an authorized person, which provides notification that an officer has 

failed to make periodic support payments under a support order.

    (d) Support order. Any order providing for child or child and 

spousal support issued by a court of competent jurisdiction or by 

administrative procedures established under State law that affords 

substantially due process and is subject to judicial review. A court of 

competent jurisdiction includes Indian tribal courts within any State, 

territory, or possession of the United States and the District of 

Columbia.

    (e) Authorized person. (1) Any agent or attorney of any State having 

in effect a plan approved under part D of title IV of the Social 

Security Act (42 U.S.C. 651-665), who has the duty or authority to seek 

recovery of any amounts owed as child or child and spousal support 

(including, when authorized under a State plan, any official of a 

political subdivision); and (2) the court which has authority to issue 

an order against the officer for the support and maintenance of a child, 

or any agent of such court.

    (f) Active duty. Full-time duty in the Service, including full-time 

training duty.

    (g) Legal officer. Shall be an officer of the Service or employee of 

the Department who is a lawyer and who has substantial knowledge of the 

regulations, policies, and procedures relating to the implementation of 

section 172 of Pub. L. 97-248.