Court Actions, Hearings and Motions
"Summons" is a mandate requiring the appearance of the defendant under penalty of having judgment entered against him/her for failure to appear.
"Petition" is a formal written request of the court for a certain thing to be done.
"Order to Show Cause" is an order requiring a party to appear and argue why a certain thing should not be done. This is a way to accelerate litigation by compelling the adverse party to respond in a shorter period of time regarding an issue.
"Motion" is an application to the court requesting an order or ruling regarding pending litigation.
"Ex Parte" is a application brought by one party to a proceeding without notice to or challenge by an adverse party.
"Declaration" is a formal document which includes the facts necessary to sustain an action.
"Petitioner" is the party who presents a petition to the court.
"Respondent" is the answering party.
"Court" means any superior court of this state and any court or tribunal of another state that has jurisdiction to determine the liability of persons for the support of another person.
"Court order" means any judgment, decree, or order of any court of this state that orders the payment of a set or determinable amount of support by a parent. It does not include any order or decree of any proceeding in which a court did not order support.
"Premarital agreement" is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
"Employee benefit plan" includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended. The term also includes "employee benefit plan" as defined in Section 3 of ERISA (29 U.S.C.A. Sec. 1002(3)).
"QDRO" means Qualified Domestic Relations Order.
Child Custody Terms
"Joint custody" means joint physical custody and joint legal custody.
"Joint legal custody" means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.
"Joint physical custody" means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents, subject to Sections 3011 and 3020.
"Sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.
"Sole physical custody" means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation.
"Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
"Community property" Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.
"Quasi-community property" means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways: (a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition. (b) In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
"Separate property" Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. (3) The rents, issues, and profits of the property described in this section. A married person may, without the consent of the person's spouse, convey the person's separate property.
"Family support" means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.
"Obligee" means a person to whom a duty of support is owed.
"Obligor" means a person who owes a duty of support.
"Support" refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also includes past due support or arrearage when it exists. "Support," when used with reference to a minor child or a child described in Section 3901, includes maintenance and education.
"Child support debt" means the amount of money owed as child support pursuant to a court order.
"Child support order" means any court order for the payment of a set or determinable amount of support by a parent or a court order requiring a parent to provide for health insurance coverage. "Child support order" includes any court order for spousal support or for medical support to the extent these obligations are to be enforced by a single state agency for child support under Title IV-D.
"Dependent child" means any of the following: (1) Any person under 18 years of age who is not emancipated, self-supporting, married, or a member of the armed forces of the United States. (2) Any unmarried person who is at least 18 years of age but who has not reached his or her 19th birthday, is not emancipated, and is a student regularly attending high school or a program of vocational or technical training designed to train that person for gainful employment.
"Parent" means the natural or adoptive father or mother of a dependent child, and includes any person who has an enforceable obligation to support a dependent child.
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