The Law Dictionary for Everyone
Wage garnishment is a legal procedure by which an individual’s earnings are withheld to repay a creditor. Wage garnishment takes place after the creditor has filed a civil lawsuit, and been granted a judgment against the debtor in court. In some cases, however, a court order is not required. Wage garnishment laws vary by jurisdiction, but most allow creditors to […]
Read moreWhen two people decide mutually to file for a divorce, and are able to decide matters related to the divorce, such as property distribution, child custody support, and spousal support, without help from the court, it is considered to be an “uncontested divorce.” Uncontested divorces can save couples a great deal of time and money, as they are not depending […]
Read moreThe Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is legislation adopted by every state for the purpose of determining which state has jurisdiction over, and authority to make decisions for, a child in a custody case. The UCCJEA has four main sections, all of which cover jurisdiction and enforcement related to child custody cases that cross state boundaries. To explore […]
Read moreSpousal support refers to the obligation of a person to provide financial support to his or her spouse after separation or divorce. The purpose of spousal support, also referred to as “alimony,” is to reduce the unfair financial effects of divorce on a lower-wage-earning spouse, and to help ensure each spouse is able to maintain the same standard of living […]
Read moreFamily law refers to a parent who has been awarded sole physical custody of a child, or with whom the child primarily lives. The custodial parent is primarily responsible for the day-to-day care of the child. Commonly, parents are assigned joint physical and legal custody, which means they legally share parental duties, but it is necessary for the court to […]
Read moreMediation is a method of resolving issues between two or more parties without resulting to litigation. Mediation makes use of a neutral third party, a “mediator,” to help guide the parties to the dispute toward a solution that all can agree to. Most commonly, mediation is a voluntary method of alternative dispute resolution, but on occasion, the court may order […]
Read moreWhen a parent or guardian caring for children requests, or is receiving, public assistance, the state requires that the other parent fulfill his or her financial responsibilities toward their biological children. Whether the state welfare agency receives a new application for such public assistance as food stamps, welfare benefits, or Medicaid benefits, or is being asked to enforce a current […]
Read moreNon-marital property is any real or personal property that was owned by either spouse before the marriage. During a divorce, non-marital property is often referred to as “separate property,” and is not subject to distribution between the spouses, but remains the sole property of the spouse who owned it prior to the marriage. There are other instances in which property […]
Read moreWhen parents separate or divorce, how the children will be cared for becomes an issue. The legal term “parenting plan” refers to a written plan that states with whom the children will primarily live, a definitive schedule for visiting with the other parent, who will make major decisions regarding the children’s lives, and other important issues. A parenting plan may […]
Read moreWhen a judge makes a decision regarding child custody and visitation, the decision becomes an official court order. A child custody order is enforceable by the court, as well as by law enforcement should it become necessary. Changes to the provisions of a child custody order must be submitted to the court, and a new or modified order issued. To […]
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