Showing posts with label NJ Bergen County Family Law. Show all posts
Showing posts with label NJ Bergen County Family Law. Show all posts

Tuesday, August 12, 2014

NJ Family Law Common Terms Defined

IV-D Court – Court which provides services pursuant to Title IV-D of the federal Social Security Act, usually to establish or enforce child support.

Affidavit - a written statement made under oath or sworn before a notary.

Arrearage - the amount owed for back child support or alimony, oftentimes referred to as arrears.


Best interests of the child - in child custody or relocation proceedings, Courts use this doctrine to make decisions concerning custody of the child, visitation rights, and/or whether to permit the relocation.  In New Jersey, a list of factors is used to help make the determination.   

Child support guidelines – guidelines the Court follows when awarding child support.

Citation – an order to appear in Court and show cause for violating an order of the Court. In family law, this is generally issued when a non-custodial parent has stopped paying child support.

Common law marriage – a type of marriage in which the parties become legally marriage after a certain period of time of living together as husband and wife, representing themselves as a married couple, and intending to be married. New Jersey does not recognize common law marriages that were not valid on or before November 30, 1939.

Dissolution - the legal end of a marriage or civil union.

Emancipation – releasing a minor or adult child from the custody, care, and control of his or her parents. In family law, the non-custodial parent generally petitions the Court for emancipation, usually to terminate his or her child support obligation, once the child is capable of being self- supporting.

Equitable Distribution - Distribution of the marital debts and assets during a divorce. Equitable distribution is presumed to be an equal division unless there is legal justification for an unequal distribution.

Foreign Support Order – a child support order issued by a Court of another state.

Guardian – a person is legally charged with the custody and care of an incapacitated adult or a minor child.

Guardian ad litem – a person appointed by the Court to act on behalf of a child and represent his or her interests in a custody case.

Legal custody – the right of a parent to make major decisions for their child, such as those concerning schooling, health care, and religious activities.

Marital property – property the Court determines to be owned jointly by the parties, regardless of how it is titled.

Obligee - a person to whom money, such as child support or alimony, is owed.

Obligor - a person who is ordered by the court to pay money, such as child support or alimony.

Petition - a written request to the court for legal action, which begins a court case.
 Physical custody – the right of a parent to have a child living in their home. The parent who has physical custody is generally referred to as the custodial parent, and the parent who does not have custody, as the non-custodial parent.

Qualified Domestic Relations Order (QDRO) – an order of the Court that provides instructions to a retirement plan’s administrator on paying a former spouse his or her awarded portion of the plan.
  
Sources:

N.J. Stat. § 37:1-10

 For further details visit Family Law Attorney New Jersey or wants an appointment contact NJ Bergen County Family Law here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
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