Abstract of Judgement
Summary of the court's final decision. It can be used as a lien if you file it with the county recorder.
Accrual
The total amount of child support payments that you owe or that are late.
Add-on expenses
These are specified child-related expenses the court orders a parent or both parents to pay in addition to any child support also ordered.
Alimony (Spousal/Domestic Partner Support)
Support of the spouse of the obligor. Spousal Support is a recurring payment from one spouse to another spouse. The Family Code provides for temporary spousal support (i.e., spousal support ordered before a final judgment is entered), and for permanent spousal support (i.e., spousal support ordered as part of a final judgment).
Alternative Dispute Resolution (ADR)
Mediation, arbitration, conciliation, or other nonjudicial procedures that involve a neutral third party in the decision-making process to resolve a dispute.
Appeal
The process where a party that loses all or part of a case asks a higher court (called an 'appellate court') to review the decision and determine if the lower court's decision was correct. The person that appeals is called the 'appellant.' The other person is called the 'appellee.'
Appearance
An individual or entity formally participating in a legal proceeding as a party to a case.
Arbitration
When a person who isn't involved in the case looks at the evidence, hears the arguments, and makes a decision.
Arrears/Arrearages
Child support that is overdue or unpaid. A parent that has arrearages is 'in arrears.'
Beneficiary
In California, a beneficiary generally refers to the person or legal entity entitled to receive benefits from a will, trust, retirement account, life insurance policy, or other contract. In the context of trusts and estates, California Probate Code provides detailed guidance on the rights and obligations of beneficiaries, particularly focusing on their right to information and proper management of the assets that benefit them.
Best Interests of the Child
The legal standard used in California family law to determine custody, visitation, and parenting plan decisions. Courts consider factors including the child's health, safety, and welfare; history of abuse; the nature and amount of contact with both parents; and substance abuse history. (California Family Code § 3011)
Bifurcation
To separate the legal issues in a case. More specifically, under California law, bifurcation refers to the process of dividing a trial or legal proceeding into two separate parts for separate consideration and resolution.
Case Management Order
An order made by the judge at the end of the Case Management Conference, which may be a settlement order or order for the better management of a case through such actions as the consolidation of cases.
Case Number
An identification number that the court clerk's office gives to a case. This number is on all papers filed in the case. Also called 'case ID.'
Certificate of Service (Proof of Service)
A written statement filed with the court and completed by a process or other personal server, which states that a copy of a document was served on its intended recipient.
Certified Copy
An official copy of a paper from a case file that is marked as being true, complete, and a real copy of the original paper.
Child Abuse
The term 'child abuse or neglect' includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of the person or health of a child, and unlawful corporal punishment or injury.
Child and Family Investigator (CFI)
The child custody investigator is a member of the court staff with specialized education and training in the effects that divorce/separation has on families, child development, domestic violence and child abuse.
Child Support (Guideline vs. Non-Guideline)
Guideline Child Support is calculated using California's Statewide Guideline Child Support Formula under Family Code sections 4050 and 4055. Section 4050 outlines that California must comply with federal regulations for uniform support obligations, and section 4055 provides the specific formula the state uses to calculate guideline support. Non-Guideline Child Support refers to departures from the guideline formula under Family Code section 4052. This section addresses that the court may issue support orders that depart from the guideline amount only in the special circumstances set forth in Article 2 of the Family Code.
Child Support Enforcement (CSE) Agency (IV-D Agency)
An agency that exists in every state to find parents that don't have custody (called 'noncustodial parents,' or 'NCPs') or to find the person assumed to be the parent of a child (called a 'putative parent'). A CSE Agency makes, enforces, and changes child support, as well as collects and gives out child support money.
Conform Copies
To get or file copies of an original document.
Continuance
Putting off or rescheduling a court case to a later date.
Court Order
A legal decision made by a court (judge, judicial officer, commissioner, etc.) that commands or directs that something be done or not done.
Court Reporter
Someone that writes down, word for word, what is said in court. They generally use a stenographic machine, shorthand, or a recording device. You can ask for a copy of this record.
Custodial Parent
The parent that has primary care, custody, and control of the child(ren).
Custody (Joint, Legal, Physical, Sole)
Legal Custody refers to who makes important, long-term decisions about the child's upbringing and welfare. Joint Legal Custody (Family Code § 3003) means both parents share the right and responsibility to make decisions relating to the health, education, and welfare of a child. Sole Legal Custody (Family Code § 3006) means one parent has the right and responsibility to make those decisions. Physical Custody refers to in whose household the children live. Joint Physical Custody (Family Code § 3004) means each parent has significant periods of physical custody. Sole Physical Custody means a child shall reside with and be under the supervision of one parent. Primary Physical Custody means the children live primarily with one parent (more than 50% of the custodial time).
Date of Separation
The date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed to the other spouse the intent to end the marriage. (2) The conduct of the spouse is consistent with the intent to end the marriage.
Declaration
A sworn, written statement that is used as evidence in court.
Decree
A court decision. It can be (1) 'interlocutory,' which means it is not a final decision, or (2) 'final,' which means all issues of the case are settled.
Default
A dissolution of marriage/domestic partnership and/or a parentage (child custody and visitation) case proceeds by 'true default' if more than 30 days have passed since the petitioner (the spouse/partner that started the case) served the petition and summons, the respondent (the other spouse/partner) did not file a response (so he or she 'defaulted'), and there is no written agreement.
Default Judgment
A court decision in favor of the Petitioner when the Respondent doesn't answer or go to court when they're supposed to.
Dependant
In family law, this usually means a child that is financially supported by another person. In juvenile law, this means a minor that is in the custody of the court because he or she was abused, neglected, or molested or is physically dangerous to the public because of a mental or physical disorder.
Deposition
A deposition is the taking of a statement of a witness or party under oath, either written or orally. The deposing party (the 'asking' person) may ask the deponent (the 'responding' person) questions to obtain information, to discover what the party knows about a situation or event, and to determine what their testimony would be at trial.
Discovery
The gathering of information (facts, documents, or testimony) before a case goes to trial. Discovery is done in many ways, such as through depositions, interrogatories, or requests for admissions. It can also be done through independent investigation or by talking with the other side's lawyer.
Dismiss without prejudice
'Without Prejudice' means you can file again about the same issue. Divorces/Legal Separations are dismissed without prejudice.
Disposable Income
What's left of an employee's income after making legally required deductions, like taxes.
Disqualification
When a judge decides (usually voluntarily) not to hear a case.
Dissolution of Marriage (aka. Divorce)
A divorce (also called 'dissolution of marriage' or 'dissolution of domestic partnership') ends your marriage or registered domestic partnership (or both if you are both married and in a domestic partnership with your spouse).
Docket
A record with the complete history of each case a court hears.
Domestic Violence
Domestic violence covers abusive behaviors including intentional or reckless infliction of bodily injury, sexual assault, and behaviors enjoined under Family Code Section 6320, including threats of serious bodily injury, harassment, and disturbing the peace.
Earnings Assignment Order
A court order delivered ('served') by a levying officer or registered process server that directs a judgment debtor's employer to withhold the earnings of the judgment debtor for the purpose of wage garnishment.
E-file
Means the electronic transmission to a court of a document presented for filing in electronic form. For purposes of this definition, electronic filing concerns the activity of filing and does not include the processing and review of the document and its entry into the court's records, which are necessary for a document to be officially filed.
Endorse
To sign your name on a document to authorize its contents or transfer (as in a check that is endorsed to transfer money).
Endorsed filed copies
Copies of court papers that are stamped in the top right corner to show when they were filed.
Evidence
Any proof legally presented at trial through witnesses, records, and/or exhibits.
Exhibits
A document or an object shown and identified in court as evidence in a case. Normally, the court assigns an identifying letter or number in alphabetical or numerical order before exhibits are offered as evidence.
Family Centered Case Resolution Conference
A conference scheduled with parties, attorneys, and a judicial officer to develop and implement a family centered case resolution plan under Family Code section 2451.
Family Centered Case Resolution Process
The process employed by the court to ensure that family law cases move through the court process from filing to final disposition in a timely, fair, and effective manner.
Family Law Court
A court that hears family matters, like divorce ('dissolution'), legal separation of spouses, annulment of marriage or domestic partnerships, child custody and support, and domestic violence petitions.
Family Law Facilitator
A lawyer with experience in family law who works for the superior court in every California county to help parents and children involved in family law cases with child, spousal, and partner support problems.
Family Support
An agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.
Fee waiver
A court form obtained by your local trial/superior court clerk through which you can ask permission not to pay the court's filing fees.
File
When a person officially gives a paper to a court clerk and that paper becomes part of the record of a case.
File Stamped
See 'Endorsed filed copies.' Copies of court papers that are stamped in the top right corner to show when they were filed.
Garnishment
A legal process that allows part of a person's wages and/or assets to be withheld for payment of a debt.
Good Cause
A good reason.
Guardian
A person who has the legal rights and responsibilities to care for a child whose parents are unavailable to care for him or her.
Harassment
Behavior that includes unlawful violence (assault, battery, or stalking) or a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses that person and causes substantial emotional distress. See Family Code section 6203, Penal Code sections 422 and 646.9, and Code of Civil Procedure section 527.6.
Hearing
A formal court proceeding with the judge and opposing sides present, but no jury.
Income
Any form of periodic payment to a person, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability, pension or retirement program payments, and interest.
Income and Expense Declaration (I&E)
A form through which parties to a case disclose their income and expense information.
Income Withholding Order (IWO)
See 'Earnings Assignment Order.' A court order that directs a judgment debtor's employer to withhold wages for the purpose of wage garnishment.
Injunction
A court order that says a defendant can't perform, or must perform, a specific act.
Interrogatories
Written questions sent by 1 side in a lawsuit to an opposing side as part of pretrial discovery in civil cases. The side that receives the interrogatories must answer them in writing under oath.
Joinder
Generally, a bringing or joining together.
Judge
An official of the judicial branch of government with authority to decide lawsuits brought before courts. The term 'judge' may also refer to all judicial officers, including Supreme Court justices.
Judgment
The official court decision resolving the dispute between the parties. A judgment includes official findings about the parties' rights and claims, and a final decision stating which party won and the terms of the decision.
Judgment Set Aside
A legal process wherein a court overturns a previous decision, typically due to new evidence or errors in the legal process.
Judicial Council Forms
The Judicial Council of California has created many forms (called 'Judicial Council forms') to standardize the preparation of court documents.
Jurisdiction
The legal authority of a court to hear and decide cases. Also refers to the geographic area of a court's authority, or the territory, subject matter, and persons over which lawful authority may be exercised.
Keeper
An officer that the court appoints to be responsible for money or property legally seized in connection with a pending case.
Legal Separation
Through a judgment of legal separation, you and your spouse or domestic partner can end your relationship but still remain legally married or partnered, and get court orders on parenting and money issues.
Libel
False and malicious material that is written or published that is defamatory and hurts a person's reputation.
Limited-scope representation
An arrangement with a lawyer to receive help on some parts of a case for a set fee or limited fees. Also called 'unbundled legal services' or 'unbundling.'
Litigants
The parties (sides) involved in a lawsuit.
Local Forms
Court forms created locally to standardize the preparation of documents in trial/superior courts.
Marital Settlement Agreement
A marital settlement agreement is a written contract between you and your spouse that contains detailed legal wording about how the issues in your case will be handled.
Mediation
A process in which a neutral person (or people) helps people who have a dispute to communicate so they can reach an agreement.
Minor
A person under the age of 18 years.
Minutes
The official (permanent) record of a court proceeding, that tells things like what witnesses appeared, what motions were made, and what findings were reached.
Minute Order
The courtroom clerk's written minutes of court proceedings.
Modification
A change or alteration, like modification of a child custody order (where a new custody and visitation order is issued changing the terms of the original order).
Motion
An oral or written request that a party makes to the court for a ruling or an order on a particular point.
Notary Public
A person authorized under civil law to administer oaths, to attest (affirm) and certify that certain documents are authentic, and to take depositions.
Notice
A written announcement or warning.
Notice of Entry of Judgment
A court form telling the parties about the judge's decision in a lawsuit.
Nullity
The legal invalidation of a marriage; annulment.
Nunc Pro Tunc
When a court order is issued on 1 date but is effective retroactively (as of a date that is in the past); from the Latin for 'now for then.'
Objection
A formal protest made by a party over testimony or evidence that the other side tries to introduce.
Obligation
Law or duty that requires parties to follow their agreement.
Obligee
The person, state agency, or institution owed a debt (usually money) like child support (also called 'custodial party' if the money is owed to the person with primary custody of a child).
Obligor
The person that must pay child support or perform some other financial obligation.
Order
The decision of a judicial officer; a directive of the court on a matter relating to main proceedings.
Parentage/Paternity
A legal determination of who the parents of a child are. Parentage must be determined before a court can order child support or medical support. Also called paternity or parental relationship.
Parenting Plan
A detailed custody and visitation agreement that says when the child will be with each parent and how decisions are made.
Party
One of the litigants in a court case.
Perjury
A false statement made on purpose while under oath in a court proceeding.
Personal Service
Refers to when court forms are personally served (delivered) — hand-delivered by a qualifying adult (18 or older, not a party to the case) directly to the other party.
Petition
A formal written request given to the court asking for a specific judicial action.
Petitioner
The first party to initiate the case (file their paperwork) with the court. The Petitioner files the Petition.
Pleading
A court form or written statement filed with the court that describes a party's legal or factual claims about the case and what orders the party wants from the court.
Postnuptial Agreement
A contract entered into by persons who are already married and who wish to set forth such things as possible changes to the character of community and separate property and other rights and obligations.
Prenuptial Agreement/Premarital Agreement
An agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
Proceeding
Generally, the process of conducting judicial business before a court or other judicial officer. A 'proceeding' refers to any 1 of the separate steps in that process, like a motion or a hearing.
Process Server
A person that serves court papers on a party to a lawsuit.
Proof of Service
The form filed with the court that proves that court papers were formally served on (delivered to) a party in a court action on a certain date.
Pro Per
A short form of 'in propria persona.' Refers to persons that present their own cases in court without lawyers; from the Latin for 'in one's own proper person.'
Pro Se
Refers to persons that present their own cases in court without lawyers; from the Latin for 'on one's own behalf.'
Property Division (Community Property, Separate Property)
Community Property (Family Code § 760) is generally all property acquired by a married person during the marriage while domiciled in California. Separate Property (Family Code § 770) includes property owned before marriage, property acquired after separation, and property acquired by gift or inheritance. Quasi-Community Property (Family Code § 125) is property acquired outside California that would have been community property if acquired while domiciled in California.
Public Assistance
Benefits, like money or food stamps, to help people or families in need.
Public Record
A court record available for inspection by the general public.
Qualified Domestic Relations Order (QDRO)
An order or judgment issued by a court and approved by a pension plan, that divides a pension plan in order to make a fair division of property or to pay for child or spousal support.
Qualified Medical Child Support Order (QMCSO)
An order or judgment that provides for medical support for a child of a parent covered by a group health plan or provides for health benefit coverage for the child.
Quash
To make void, to vacate, to annul, to set aside.
Quasi-Community Property
Property acquired before or after the operative date of the code in a specified way; defined under Family Code section 125. Generally refers to property acquired while living outside California that would have been community property if the couple had been living in California at the time.
Record
A written account of the proceedings in a case, including all pleadings, evidence, exhibits, and judgment submitted during the case.
Respondent
The responding party in a dissolution, nullity, adoption, or probate case.
Restraining Order (DVRO, CHRO, EARO, WVRO, GVRO)
A restraining order is a court-issued order that directs a person to stop harming, threatening, contacting, or coming near another person. There are five types in California: (1) Domestic Violence Restraining Order (DVRO) — protects people who have been abused by an intimate partner or family member; (2) Civil Harassment Restraining Order (CHRO) — protects people from neighbors, roommates, or strangers; (3) Elder or Dependent Adult Abuse Restraining Order (EARO) — protects elders and dependent adults; (4) Workplace Violence Restraining Order (WVRO) — filed by employers to protect employees; (5) Gun Violence Restraining Order (GVRO) — prevents someone from having guns when they pose a significant danger.
Service by Publication
When service of process is done by publishing a notice in a newspaper or by posting on a bulletin board of a courthouse or other public facility after a court determines that other means of service are impractical or have been unsuccessful.
Service of Process
The delivery of legal papers to the opposing party. The papers must be delivered by an adult aged 18 or older that is not involved in the case and that swears to the date and method of delivery to the recipient.
Settlement Agreement
A written contract between you and your spouse or domestic partner that contains detailed legal wording about how the issues in your case will be handled.
Settlement Conference
A meeting facilitated by a judge or a neutral third party aimed at resolving disputes between parties in a legal case before trial through negotiation and compromise.
Slander
Defamation of a person's character or reputation through false or malicious oral statements.
Spousal Support
Court-ordered support of a spouse or ex-spouse; also called 'maintenance' or 'alimony.'
State Bar Number (SBN)
A number given to and used to identify licensed attorneys after passage of the state bar exam.
Stipulated Judgment
An agreement between the parties to a case that settles a case.
Stipulation
An agreement relating to a pending court proceeding between parties or their attorneys.
Subpoena
An official order to go to court at a stated time. The term subpoena is also used generally to apply to a subpoena duces tecum.
Subpoena Duces Tecum
An official court order to bring documents or records to a stated place at a stated time.
Substituted Service
Service of process on a party by leaving the court papers with someone other than a party to the lawsuit; valid only if certain specified procedures are followed.
Summary Judgment
A court decision made on the basis of statements and evidence presented for the court record without a trial.
Summons
A notice to a defendant or respondent that an action against him or her was filed in the court issuing the summons and that a judgment will be taken against him or her if the defendant or respondent doesn't answer the complaint or petition within a certain time.
Superior Court
The trial court in each county of the State of California. This court hears all adoption, family law, juvenile, criminal, civil, small claims, and probate cases.
Supervised Visitation
Visitation between a parent and a child that happens in the presence of another specified adult.
Support Order
A court order for the support of a child, spouse or domestic partner. A support order can include monetary support; health care; payment of debts; or repayment of court costs and attorney fees, interest, and penalties; and other kinds of support.
Support Person
In a domestic violence case, the person who says s/he is the victim of domestic violence can choose someone, a support person, to provide moral and emotional support.
Surrogate Parent
A person that substitutes for the legal parent to advocate for a child's special educational rights and needs; can be selected by the child's parent or appointed by the local educational agency.
Temporary Assistance to Needy Families (TANF)
Time-limited public assistance payments made to poor families, based on title IV-A of the Social Security Act. TANF replaced Aid to Families With Dependent Children (AFDC, also called 'welfare') in 1996.
Temporary Restraining Order
A court order, sometimes called a 'TRO,' that says a person must not do certain things that are likely to cause harm that can't be fixed.
Testify
To give evidence under oath as a witness in a court proceeding.
Testimony
Evidence presented orally by witnesses during trials, before grand juries, or during administrative proceedings.
Third-Party Action
Generally, an action taken by anyone that is not a party to an underlying contract, agreement, or other transaction.
Title
The ownership or evidence of ownership of land or other property.
Transcript
A written, word-for-word record of what was said at a trial or some other formal conversation like a hearing or deposition.
Trial
A court process in which the issues of fact and law are heard and decided according to legal procedures so a judicial officer or jury can make a decision in the case. A bench trial is decided by a judge alone; a jury trial is decided by a jury.
Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)
A set of laws adopted by the California Legislature at Sections 3400-3465 of the Family Code that generally governs when California courts may enforce custody orders from other states and countries.
Unbundled Legal Services (or unbundling)
An arrangement with a lawyer to receive help on some parts of a case for a set fee or limited fees. Also called 'limited-scope representation.'
Visitation (Parenting Time)
A plan for how the parents will share time with their children.
Voluntary Declaration of Parentage or Paternity (VDOP)
A form parents sign to establish that they are both a child's legal parents and to be listed on the child's birth certificate. Once filed with the State, it is equal to a court order.
Wage Assignment/Wage Garnishment
A legal procedure that requires the employer of a judgment debtor to withhold a portion of the judgment debtor's wages to satisfy a judgment. Also used to order an employer to transfer (or assign) parts of future wage payments to pay a debt, like child support.
Waiver
To give up a legal right voluntarily, intentionally, and with full knowledge of the consequences.
Waiver of Service
When a respondent in a lawsuit agrees to receive legal documents without formal delivery.
Ward of the Court
A minor that is under the care and control of the juvenile court and not his or her parent(s).
Witness
A person called by either side in a lawsuit to give testimony before the judge or jury.
Writ of Execution
An order issued by a court requiring the performance of a specified act, or giving authority to have it done.
For additional legal definitions approved by the State of California, click here to review California Family Code — Definitions [Div. 1, Part 2, Secs. 50–155].