Absent Parent:
Any individual who is absent from the home and who is legally responsible
for providing financial support for a dependent child.
Action:
The legal term for a lawsuit or a legal case.
Affidavit:
A written statement of facts signed by a person who has knowledge of those
facts and who is under oath. The person's signature must be notarized.
Alleged Father:
A person who has been named as the father of a child born out of
wedlock, but for whom paternity has not been established.
Answer:
The answer is a document filed in Court by the respondent/defendant, the
person being sued for child support or paternity. In the answer, the
respondent/defendant either admits or denies statements made by the
petitioner/plaintiff, the person who brings the action for child support
or paternity.
Arrears:
The amount of money owed. In child support cases, this amount is the
amount owed for support that should have been paid in the past.
Authorized Attorney:
An attorney employed by the county subject to the approval of
the county board, employed by the Department of Health and Human Services,
or appointed by the Court, who is authorized to investigate and prosecute
child and spousal support.
Bench Warrant:
A warrant issued by a judge directing the police to arrest the
individual named in the warrant. This is often issued in paternity and
child support cases for the respondent's failure to appear at a hearing.
Child Support:
Custodial Parent:
Child support is the legal duty to pay for a child's basic needs until the
child reaches the age of 19, dies, marries, or is otherwise emancipated.
Each parent owes a legal duty of support to his/her children. The parent
without custody of the children will be ordered to pay a monthly amount to
the court and the court will pass the money along
to the parent who has custody of the children.
The parent whom the child lives with on a daily basis.
Exhibit:
A written or other article marked for identification and shown to the trier
of fact during a court proceeding.
IV-D:
Title IV-D of the Social Security Act is that portion of the Federal law
establishing and prescribing the Child Support Enforcement Program.
Judgment:
The official decision or finding of a court on the respective rights and
claims of the parties to an action; also known as a decree or order and may
include the "findings of fact and conclusions of law."
Non-Custodial Parent:
The parent with whom the child does not regularly live.
Obligation:
The legal amount of support owed for the benefit of children as ordered by
a court or administrative tribunal.
Obligee:
The person to whom a duty of support is owed.
Obligor:
The person owing a duty of support.
Party:
Any person or organization that is named in a legal case and whose rights
and obligations can be decided by a court after they are brought in to a
case. The names of all parties appear in the caption (first page) of
documents filed in a court case.
Paternity:
The legal determination that a man is the father of a child.
Petition:
This is the document that the plaintiff/petitioner files to ask the court for
something.
Petitioner:
A petitioner is the person who brings a legal case and is asking the court
for some legal remedy. Sometimes this person is also referred to as the
plaintiff.
Presumption:
When the law assumes something automatically unless proof is offered to
show otherwise.
Pro Se:
Pronounced "pro-say." Someone who is pro se is someone who is not
represented by a lawyer. If you are representing yourself, you are
pro se.
Public Assistance:
Support money or goods granted to a person or family based on income.
Putative Father:
Alleged father; a person who has been named as the father of a child
born out of wedlock but for whom paternity has not been established.
Respondent:
The person who is sued in a case. Sometimes this person is also referred
to as the defendant.
Statutes:
Laws enacted by legislature; they are arranged into codes.
Summons:
A paper that notifies a person about a lawsuit and requires the person
receiving it to respond by a certain time and/or show up in court on
a specific date.
Wage Withholding:
Wage withholding is the regular withdrawal of
monies from a paycheck to pay off currently-owed child support. The monies
are withdrawn before the employee receives his or her paycheck, just as
taxes are often taken out before the paycheck is received. If a non-
custodial parent owes an arrearage, additional monies may be garnished
from a paycheck for the past-owed child support.
Referee Office