GLOSSARY OF TERMS RELATING TO CHILD SUPPORT AND/OR PATERNITY

Absent parent

The parent who does not live with or have custody of the child, but does have responsibility for paying child support.

AFDC

Aid to Families with Dependent Children (welfare).

See "Public Assistance."

Arrearages

Unpaid child support payments for past periods owed by a person who is supposed to pay .

Assignment of support rights

A person gives up all of his or her child support rights to the county, in exchange for AFDC (welfare) and/or Medicaid benefits.

Certified copy

A copy of a court document which the court clerk has said, in writing, is a true and correct copy of the original document.

Complaint

Written document filed in court in which the person starting the action names the persons, allegations and relief wanted.

Contempt

Disobeying a court order when a person has the ability to comply. (E.g., a knowing failure to pay child support in compliance with a court order)

Custodial parent

Person with legal custody and with whom the child lives; may be a parent, other relative or someone else.

Default

Failure of a defendant to file an answer or appeal in a court case within a certain number of days after being served with a summons or complaint.

Default judgment

Decision made by the court when the defendant fails to answer or appear.

Federal Parent Locator Service (FPLS)

A service operated by the U.S. Department of Health and Human Services to assist the state in locating absent parents for the purpose of obtaining child support payments.

Felony

A criminal offense punishable by imprisonment for more than one (1)year.

Garnishment

A legal proceeding where by a part (up to 50 percent) of a person's wages is withheld and applied to payment of a child support debt.

Judgment

The official decision or finding of a court upon the individual rights and claims of the parties to an action.

Jurisdiction

Legal authority which a court has over a particular person and certain types of cases, in a defined geographical area.

Legal father

A man who is considered by law as the male parent.

Levy

The taking of property by a Marshal or Sheriff, with a Writ of Execution.

Lien

A claim upon placed property to prevent sale or transfer until a debt is satisfied.

Longarm statute

A law which allows one state to claim personal jurisdiction over someone who lives in another state.

Medicaid support

Health insurance coverage for the supported children, paid for by either or both parents if that insurance is available at no or reasonable cost to the parent or parents (includes vision and dental care coverage).

Misdemeanor

A criminal offense where the punishment cannot be longer than imprisonment for one (1) year.

Modification

A court order which changes the terms of an earlier court order.

Motion

A request to the court for an order.

Non-custodial parent

Person who does not live with or have legal custody of the child(ren).

Obligated parent

The parent under legal duty to pay child support.

Obligation

Amount of money to be paid as support by the absent parent and the way it is to be paid.

Order to show cause (OSC)

A court order telling a person to appear in court and to explain why a certain order should not be entered. (E.g., An Order to Show Cause why a parent should not be held in contempt for failure to obey anorder to pay child support)

Paternity judgment

Legal determination of who is the father.

Plaintiff

Person who brings a legal action or lawsuit.

Probation

A period of time during which the sentence of a Defendant is suspended and he/she must agree to certain terms and conditions of good behavior.

Probation officer

The county officer charged with the responsibility of supervising those persons on formal probation.

Public assistance

Money given to a person or family for living expenses from the State/Federal Aid to Families with Dependent Children program(welfare and foster care, AFDC) or Medicaid benefits paid for aperson or family receiving Medicaid.

Retroactive child support

Child support that is ordered to be paid beginning at a date in the past and which would create an immediate child support debt.

Stipulation

An agreement between the parties to an action which the court makes an order or judgment.

Summons

A written notice and warning given to a person when he or she issued, or when a hearing or trial date is set.

URESA

The Uniform Reciprocal Enforcement of Support Act, which permits enforcement of support orders between two jurisdictions.

Visitation

The right of the non-custodial parent to visit or spend time with his or her child(ren).

Writ of Execution

A court order telling the Sheriff or Marshal to seize property to satisfya court judgment.