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37.62.103    DEFINITIONS

For purposes of this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Actual income" is defined in ARM 37.62.106.

(2) "CSED" means the child support enforcement division of the department of public health and human services.

(3) "Department" means the department of public health and human services.

(4) "Federal poverty index" means the minimum amount of income needed for subsistence. The amount is developed by the U.S. office of management and budget, revised annually in accordance with 42 USC 9902, and published annually in the federal register.

(5) "Guidelines" means the administrative rules for establishment of child support as provided in ARM Title 37, chapter 62, subchapter 1, as promulgated in 40-5-209 , MCA.

(6) "Imputed income" is defined in ARM 37.62.106.

(7) "Legal dependent" means natural born and adopted minor children, spouses, special needs adult children, household members covered by a conservatorship or guardianship, and parent's parents living in the household who are claimed on tax returns as legal dependents.

(8) "Long distance parenting" is defined in ARM 37.62.130.

(9) "Other child" means a child whom a parent is legally obligated to support but who is not the subject of the child support calculation. A step-child is not considered an other child.

(10) "Personal allowance" is defined in ARM 37.62.114.

(11) "Pre-existing support order" means an order entered by a tribunal of competent jurisdiction prior to the calculation or recalculation of support.

(12) "Primary child support allowance" is defined in ARM 37.62.121.

(13) "SOLA" means standard of living adjustment.

(14) "Standard of living" includes the necessities, comforts and luxuries enjoyed by either parent, the child or both parents and the child, which are needed to maintain them in customary or proper community status or circumstances.

(15) "Subsequent child" is defined in ARM 37.62.146.

(16) "Transfer payment" is defined in ARM 37.62.136.

History: Sec. 40-5-203, MCA; IMP, Sec. 40-5-209, MCA; NEW, 1998 MAR p. 2066, Eff. 11/1/98.

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