FAMILY
LAW TERMS & DEFINITIONS
v Abstract of Support Judgment – A brief
transcript of the support judgment which is recorded with the county recorder’s
office in order to create a lien on real property owned by the person obligated
under the judgment.
v Appearance, Stipulation and Waivers – A multipurpose
form which allows respondent to make a general appearance, to waive his/her
rights under the Soldiers & Sailors Civil Relief Act of 1940, allows for
stipulation to an uncontested matter if respondent previously filed a response,
allows a waiver of a new trial or appeal, allows a commissioner to preside at
the trial and allows for a stipulated judgment upon the courts approval of a
written settlement agreement.
v Child Support –
Money ordered paid by either party for the support and maintenance of minor
children.
v Cite – To command the appearance
of a party in a proceeding.
v Citee – The
person cited into court.
v Community Estate –
Community and quasi-community property.
v Community Property - All
property, real or personal, wherever situated, acquired by a married person
during the marriage while residing in California.
v Contempt of Court – The
failure of respondent to take the procedural steps necessary to prevent entry
of judgment against him/her.
v Dissolution of Marriage – A legal
proceeding where the married relations hip of the parties is terminated.
v Earnings Assignment Order for Support – An order
that assigns to an oblige (the person to whom support has been ordered payable
to) a portion of the earnings of an obligor (the person owing child/spousal
support) due or to become due in the future.
v Employee Benefit Plan –
Public and private retirement, pensions, profit sharing, stock bonus, thrift
and similar plans of deferred compensation, whether of the defined contribution
or defined benefit type.
v Ex Parte Order – An order
having been granted upon application of one party without the opposing party
having had formal notice of it.
v Family Law –
Family law includes actions for dissolution, nullity and legal separation.
v Family Conciliation Court – A service
available in courts in California which provides a means for counseling for
reconciliation of spouses and an amicable settlement of domestic and family
controversies.
v Family Support – A combination
of child support and spousal support with no designation as to the amount to be
paid for child support and the amount to be paid for spousal support.
v Findings and Order After Hearing – A written
order signed by the judge after and order to show cause hearing.
v Income and Expense Declaration – The
income and expense information of the declarant filed in support of a request
for financial orders.
v Injunctive Order – A judicial
remedy awarded for the purpose of requiring a party to refrain from doing a
particular act or activity.
v Joint Custody –
Joint physical custody and joint legal custody.
v Joint Legal Custody – An
arrangement whereby both parents share equally the rights and the
responsibilities to make the decisions relating to the health, education, and
welfare of their minor children.
v Joint Physical Custody – An arrangement
whereby each of the parents have significant periods of physical custody with
the minor child.
v Judgment Dissolution –
Terminates the marital status and restores the parties to the status of
unmarried persons effective on a date set forth in it, and may determine
property rights, spousal support, and child support.etc.
v Legal Separation – A legal
proceeding where certain issues such as custody, support and division of
property are resolved, but the marriage is not terminated.
v Marital Settlement Agreement- An
agreement between the parties providing for disposition and distribution of
their community property, custody of children, child and spousal support, payment
of attorney’s fees, court costs, etc.
v Mediation – An
informal conference held for the purpose of attempting to reduce any ill will
between the parties and to develop an agreement on child custody and
visitation.
v Modification – A change
of terms and conditions of a court order upon a proper showing.
v Notice of Entry of Judgment –
Notice to both parties of the date of entry of the judgment.
v Nullity – A legal
proceeding where a marriage is declared null and void under certain
circumstances allowed by law.
v Order – A direction
of the court.
v Order to Show Cause (OSC) – An order
requiring husband or wife to appear for examination pertaining to the granting
of spousal support, support and maintenance of children, attorney fees,
restraining orders, and court costs.
v Order to Show Cause Re Contempt – An order
requiring a party to appear at a hearing for examination to determine if a
preexisting court order should be modified.
v Petition – The
document filed to commence an action for dissolution, nullity or legal
separation.
v Property Declaration – A complete
list of the assets of the parties, together with their current values, debts,
and a proposed division of them.
v Quasi-Community Property – All real
or personal property, wherever situated, acquired by either spouse while
residing elsewhere which would have been community property if the spouse who
acquired the property had resided in California at the time of its acquisition.
v Request for Default Setting – A request
to the court clerk to schedule a default hearing date.
v Request for Production of Income and
Expense Declaration After Judgment – A request to the opposing
party for current income and expense information to ascertain if a request to
modify child and/or spousal support order(s) would be appropriate.
v Request to Enter Default – A request
to the court clerk to enter respondent’s default.
v Respondent - The
defending party who answers or responds to the petition.
v Response – The
respondent’s reply to the petition.
v Responsive Declaration to Order to Show
Cause – A declaration filed by the opposing party to an order to
show cause proceeding if he/she elects to contest the orders requested.
v Separate Property – All
property owned before marriage, all property acquired by the person after
marriage by gift, bequest, devise or descent, and the rents, issues and profits
of the property owned before marriage, and the property acquired after marriage
by gift, bequest, devise or descent.
v Sole Legal Custody –
Only one parent has the right and the responsibility to make decisions relating
to the health, education and welfare of the minor children.
v Sole Physical Custody – A child
resides with and is under the supervision of one parent, subject to the power
of the court to order visitation with the other parent.
v Spousal Support –
Money paid upon order of the court for the support of a spouse; formerly known
as alimony.
v Summary Dissolution – An easier
way to obtain dissolution of marriage for parties meeting certain
qualifications.
v Summons – An order
issued by the court clerk and served with a copy of the petition on the
respondent for the purpose of obtaining jurisdiction over and giving notice to
the respondent of pendency of the action.
v Support Order – A judgment
or order of support, whether temporary or final, or subject to modification,
termination or remission, regardless of the kind of action or proceeding in
which it is entered.
v Temporary Orders –
Orders for child custody, child support, etc. requested at an order to show
hearing prior to the judgment of dissolution.
v Temporary Restraining Orders –
Restraining orders issued ex parte and effective from date of service until the
order to show cause hearing.
BDA'S FREE CA FAMILY LAW PROGRAM
BDA'S FREE CA FAMILY LAW PROGRAM
