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Family Law II
| Term | Definition |
|---|---|
| pendente lite | while the litigation is going on |
| personal jurisdiction | the power of a court to render a decision that binds an individual defendant |
| Uniform Interstate Family Support Act (UIFSA) | a state law on establishing and enforcing support obligations against someone who does not live in the state as the person to whom the support is owed |
| long-arm jurisdiction | the personal jurisdiction that a state acquires over a nonresident defendant because of his or her purposeful contact with the state |
| IV-D Agency | a state agency that attempts to enforce child-support obligations. |
| initiating state | the state in hich a support case is filed in order to forward it to another state for enforcement proceedings under the UIFSA |
| responding state | the state to which a support case is forwarded from an initiating state for enforcement proceedings under the UIFSA |
| divisible divorce | a divorce decree that is enforceable in another state only in part |
| continuing, exclusive jurisdiction (cej) | once a court acquires proper jurisdiction to make an order, the case remains open and only that court can modify the order |
| home state | the state where the child has lived with a parent for at least six consecutive months immediately before the case begins in court, or since birth if the child is less than six months old |
| child-support guidelines | a required method of determining the amount of child-support that must be paid |
| obligor | one who has a legal obligation |
| obligee | the person to whom a legal obligation is owed |
| arrearage | payments that are due but have not been made |
| imputed income | income that will be assumed to be available regardless of whether it is actually available |
| assign | to transfer rights or property |
| State Parent Locator Service (SPLS) | a state government agency that helps locate parents who fail to pay child support |
| Federal Parent Locator Service (FPLS) | a federal government agency that helps locate parents who fail to pay child support, particularly in interstate cases; also helps in parental kidnapping cases |
| family violence indicator (FVI) | a designation placed on a participant in a child-support case indicating that he or she may be a victim of child abuse or domestic violence |
| contempt | obstructing or assailing the authority or dignity of the court |
| writ of execution | a document directing a court officer to seize the property of someone who has lost a judgment, sell it, and pay the winner of the judgment |
| lien | an encumbrance or claim on the property imposed as security for the payment of a debt |
| garnishment | a process whereby a debtor's property under the control of another is given to a third person to whom the debtor owes a debt |
| qualified domestic relations order (QDRO) | a court order that allows a nonemployee to reach pension benefits of an employee or former lemployee in order to satisfy a support or other marital obligation to the nonemployee |
| qualified medical child support order (QMCSO) | a court order requiring that a group health plan provide benefits for the child of a parent covered under the plan |
| levy | the collection or seizure of property by a marshall or sheriff with a writ of execution |
| protective order | a court order designed to protect a person from harm or harassment |
| necessaries | the basic items needed by family members to maintain a standard of living |
| palimony | nonlegal term for payments made by one non-married party to another after they cease living together, usually because they entered an express or implied contract to do so while they were cohabiting |
| implied contract | a contract that is not created by an express agreement between the parties, but is inferred as a matter of reason and justice from their conduct and the surrounding circumstances |
| quasi contract | a contract created by law to avoid unjust enrichment |
| unjust enrichment | receiving property or benefit from another when in fairness and equity the recipient should make restitution of the property or provide compensation for the benefit, even though there was no express or implied promise to do so |
| joint venture | an express or implied agreement to participate in a common enterprise in which the parties have a mutual right of control |
| putative spouse | a person who reasonably believed he or she entered a valid marriage even though there was a legal impediment that made the marriage unlawful |
| marriage | the legal union of a man and woman as husdand and wife, which can be dissolved only by divorce or death |
| heart balm action | an action based on a broken heart, e.g. breach of promise to marry |
| heart balm statute | a statute that abolishes heart balm actions |
| intentional infliction of emotional distress | intentionally causing severe emotional distress by extreme or outrageous conduct |
| ceremonial marriage | a marriage that is entered in compliance with the statutory requirements |
| proxy marriage | the performance of a valid marriage through agents because one or both of the prospective spouses are absent |
| covenant marriage | a form of marriage that requires proof of premarital counseling, a promise to seek marital counseling when needed durting the marriage, and proof of marital fault to dissolve |
| common law marriage | the marriage of two people who cohabit, hold themselves out as husband and wife, and agree to be married even though they do not go through a ceremonial marrige |
| conflict of law | an inconsistency between the laws of different legal systems, such as two states or counties |
| impediment | a legal obstacle that prevents the formation of a valid marriage or other contract |
| domestic partners | individuals in a relationship who are emotionally and financially interdependent and also meet the requirements for registering their relationship with the government so that they can receive specified marriage-like benefits |
| rational basis test | discrimination in a law is constitutional if the law rationally furthers a legitimate state interest |
| strict scrutiny test | discrimination in a law is presumed to be unconstitutional unless the state shows compelling state interests that justify the discrimination and also shows that the law is narrowly drawn to avoid unnecessary abridgments of constitutional rights |
Created by:
pfmerriell
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