Law Offices of Dianne Glenn, LLC   "Knowledgeable, Articulate, Zealous Representation"
		ADJOURNMENT - a temporary postponement of the proceedings of a case until a specified future time ADJUDICATE - to hear or try and determine judicially ADVERSARY - An opponent. The defendant is the plaintiff's adversary. AFFIANT - one who swears to an affidavit. AFFIDAVIT - a sworn or affirmed statement made in writing and signed; if sworn, it is notarized AGREEMENT - a verbal or written resolution of disputes. APPLICATION - the formal, written document submitted to a court, and which asks for the court to redress issues of child support, visitation, and custody. ARREARAGES - a term used to describe the amount of money less the court order amount of Support. If a spouse does not pay the full amount of support, the missing amount is considered the arrearages. AUTOMATIC WAGE DEDUCTION - a court ordered child support system in which the non - custodial parent has the support amount deducted directly from his or her paycheck which is then distributed by the employer. BENCH WARRANT - an order issued by a court for the arrest of a person who has failed to appear in court as ordered. Can also be issued for a witness who has failed to appear in response to a subpoena. BEST INTEREST OF THE CHILD - a discretionary legal standard that pertains to support, visitation and custody. BREACH OF CONTRACT - The failure to do what one promised to do under a contract. Proving a breach of contract is a prerequisite of any suit for damages based on the contract. CHILD SUPPORT GUIDELINES - the method used to establish a basis for determining child support. It takes into consideration the gross income of both parents, less special adjustments such as support for children of a previous marriage, and a set amount of money to be allotted monthly for the child. CHILD CUSTODY - deals with the living arrangements and the legal decision - making concerning the child. CHILD SUPPORT - the money the non - custodial parent pays to the custodial parent to help pay for the needs of the child. CHILD SUPPORT WORKSHEET - a court form devised to calculate the child support guidelines. CONFLICT OF INTEREST - when any professional is not capable of performing services due to previous relationships or present relationships and/or a situation where confidentiality can be broken. CONTRACT - An agreement between persons which obliges each party to do or not to do a certain thing. COURT ORDER - a written document ordering a person to do something. It is issued by a court and signed by a judge. CUSTODIAL PARENT - the parent a child normally lives with, and the one who makes legal decisions concerning the child. There are several different types of custody arrangements. CUSTODY - the legal right and responsibility to raise a minor child including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody, without qualification usually refers to a combination of physical custody and legal custody. DEFAULT ORDER OR JUDGMENT - an order or judgment made based on only the plaintiff's (petitioner's) complaint, due to no response or presence of the defendant (respondent). DEFENDANT - The person, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff. DIRECT PAYMENT - child or spousal support paid directly to the parent who has custody by the parent who does not have custody. DISMISS - the termination of a case without a final disposition of the matter. DISSOLUTION OF MARRIAGE - a legal judgment that severs a marriage relationship and returns each person to single status. DOCKET - the calendar schedule of the court. DOCKET NUMBER - the number assigned by a court to a civil or criminal case. It is used to identify all court actions and it appears on all documents filed with the court in a specific case. EMANCIPATION - the point at which a minor comes of age. The age is typically 18 (New Jersey) or 21 (New York). EX PARTE - Latin: for one party only. Ex parte refers to those proceedings where one of the parties has not received notice and, therefore, is neither present nor represented. If a person received notice of a hearing and chose not to attend, then the hearing would not be called ex parte. Some jurisdictions expand the definition to include any proceeding that goes undefended, even though proper notice has been given. FAMILY COURT - a court with jurisdiction over child support, divorce and comparable issues. FATHER'S RIGHTS - legal principles and concepts promoting the idea that custody decisions must not discriminate against fathers. FILE - to personally deliver a document to a clerk of a court so that the document can be included in the official records of a case. GARNISHMENT - a support enforcement technique in which the support payment is automatically deducted from the supporters paycheck and delivered to the obligee. This is an enforcement method of paying support. (Garnishment of Wages). HEARING - any proceeding that takes place before a court where testimony is given and arguments are heard. IN CAMERA - in the judge's chamber out of the presence of the jury and the public INTERCEPT - a process by which Child Support Enforcement agencies take part of a noncustodial parent's unemployment insurance payments, disability insurance payments, income tax returns and lottery gains to pay child support arrearages owed by the noncustodial parent. JOINT LEGAL CUSTODY - a form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child. JOINT PHYSICAL CUSTODY - a form of custody of minor children in which the parents share the actual physical custody of the child. JUDGMENT - the ruling or order of the court. JURISDICTION - the power of the court to rule on issues related to the parties, their children and their property. MEDIATION - an out of court proceeding in which parties personally resolve their differences with the assistance of a neutral third party. MODIFICATION - an order changing the terms of another order. MOTION - a written or oral request to the court for some type of action. MOTION TO MODIFY - a written request of the court to change a previous order regarding child custody, support, alimony or other divorce - related decisions. NON-CUSTODIAL PARENT - the parent who does not have physical custody of the child, and who typically is paying child support to the child. NON-DISSOLUTION – the term given when persons are not married and have a child in common. OBLIGEE - the person to whom money or property is owed by a judgment. OBLIGOR - the person who owes money or property as the result of a judgment. ORDER - a court's specific ruling on a disputed issue. ORDER AFTER HEARING - a written order issued after a hearing and signed by a judge. ORDER TO SHOW CAUSE - a court order requiring a party to a civil action to appear in court on a specific date and time. This is scheduled to explain why the court should not take a particular action in the case. PARENTING CLASSES - organized classes designed to teach parents how to minimize the negative aspects of divorce on their children. PARTY - a plaintiff or a defendant in a legal proceeding. PATERNITY - the legal biological relationship between father and child. PATERNITY SUIT - when a man denies paternity of a child born out of wedlock. New technology of DNA testing can establish paternity thus obliging the father to provide child support. PAYEE - the person to whom payment is addressed or given. In family law, the term usually refers to the person who receives or to whom support or maintenance is owed. PAYOR - the person who is making the payment(s). Again, in the context of family law, the word would typically refer to the person to a support or maintenance debtor. PLAINTIFF - the person who brings a case to court; who sues. PRO SE - for oneself; in one's own behalf; in person; a pro se party is one who, without representation, acts as his/her own attorney RECORD - all of the testimony and evidence that is used in court to decide a case. What is on record is what the Judge will use to make his or her decision. RESIDENTIAL OR PHYSICAL CUSTODY - it is in reference to the parent with whom the child resides. Depending upon arrangements, it may be joint or sole custody. RESTRAINING ORDER - a court order restricting a person’s actions. SOLE CUSTODY - a form of custody in which one parent is awarded both physical and legal custody. SHARED CUSTODY OR SHARED PARENTING - a form of custody in which the actual time of physical custody is split between both parents, which gives both parents the right to make decisions. SUPPORT - payment for housing, food, clothing etc. TAX INTERCEPT - the process by which a child support judgment debtor's federal and state income tax refunds are diverted to pay a support arrearage. TEMPORARY CUSTODY - a spouse's right to have parenting time with his or her child. It includes extended stays and overnights. TEMPORARY RESTRAINING ORDER - an order of the court prohibiting a party from acting - for example, threatening, harassing, or physically abusing the other person and/or the children. VISITATION - the right of the parent who does not have physical custody to see his or her child. VISITATION CREDIT - the percentage applied to a child support calculation. It reflects the amount of time a child resides with the non-custodial parent. VISITATION SCHEDULE - a list of dates stating times each parent may see each child. WAGE ASSIGNMENT OR WAGE WITHHOLDING - a court order requiring the employer of a non-custodial parent to deduct a specific amount of money for child support from the wages of the non-custodial parent (also known as garnishment). WITH PREJUDICE - A dismissal which prohibits the plaintiff from bringing a new suit on the same cause of action. WITHOUT PREJUDICE - a dismissal "without prejudice" allows a new suit to be brought on the same cause of action