Child support terms

Affidavit  A written statement made under oath before a notary public.

Alleged father  The man named by the mother to be the child’s father OR a man who believes he is the father and who brings a paternity action. The local child support agency will help the mother and/or the man with a paternity action (to establish legal fatherhood).

Arrears (or Arrearage)  Support payments that are not paid and overdue. Also called past-due support or back support.

Assignment  Signing over support payments to the state as a condition for receiving cash benefits.

Biological father  The birth or natural father. The man who makes a woman pregnant.

Child Support  Money paid by a parent for the financial support of a minor child. It may include medical, dental, and educational expenses.

Child Support Court Order  A legal document, issued by the court, setting the terms and the amount to be paid for the support of a child.

Complaint  A written document filed in court in which the person who starts the action names the people and allegations involved, and the results wanted.

Conceptive period  The period of time when a child was likely to have been conceived. For a normal pregnancy, it is a period of 60 days -- about 240 to 300 days before the birth.

Contempt  Failure to comply with a court order.

Court-Ordered Payee  The person the court names to receive the support payments.

Custody  The authority given to parents by the court to make major decisions (such as for school and medical care) regarding their children.

• Sole Custody  One parent has custody
• Joint Custody  Both parents have custody

Default  A person’s failure to answer the court or appear in a court within a certain number of days after being served with a summons or complaint.

Default Judgment  Decision made by the court when the person fails to answer or appear.

Enforcement  Activities to make sure that a court order is obeyed.

Establish  To bring into existence by a legal process.

Guardian:  A person other than the parent who is legally responsible for a child. Most children do not have a legal guardian. This only happens when a court gives legal custody and placement to someone other than the parents.

Initiating State  The state or nation that sends a request to another state or nation for help in establishing or enforcing a child support order.

Judgment  The official decision of the court.

Jurisdiction  The legal authority of a court.

Kinship Care  Cases in which the child lives with a relative other than the mother or father. This relative receives a cash benefit from the state. In these cases, both parents may be ordered to pay child support. Paid support is used to repay the Kinship Care program.

Legal Father  The man who is recognized by law as the father of a child.

Legally Obligated  Responsible under law.

Lien  A hold on property. A lien must be satisfied (paid in full) before the property can be sold.

Lien Docket  An electronic list of child support payers with a child support lien.

Marital Presumption  When a mother is married at the time her baby is conceived or born, the law presumes her husband is the legal father. Only a court can decide otherwise.

Medical Support  Health insurance or payment for medical costs.

Modification  A newer court order that changes the terms of an earlier court order.

Motion  A formal request to a court for an order or a ruling.

Order to Show Cause  A court order telling a person to appear in court and explain why a certain order should not be entered.

Paternity Establishment  Legal determination of fatherhood.

Petition  A formal written request.

Petitioner  A person who brings a legal action or lawsuit.

Placement

• Physical Placement  Periods of time a child spends in the care of a parent (also called visitation).
• Primary Physical Placement  Where the child lives most of the time.
• Shared-Placement  The child lives with each parent at least 25% of the time. Both parents assume all costs in proportion to the number of days he or she cares for the child. The time with each parent may or may not be equal.
• Split Placement  A family with two or more children, in which, one parent has primary physical placement of one or more children, and the other parent has primary placement of the other children.

Purge Condition  An amount of money that the parent must pay or actions that the parent must take in order to avoid serving a jail sentence. The condition is set by the court usually after a parent is found in contempt.

Responding State  The state or nation receiving another state’s or nation's request for support enforcement services.

Respondent  A person against whom a court action is started.

Stipulation  A written agreement that must be approved by a court.

Substitute Care  Cases in which the child is in an out-of-home placement such as foster care, Kinship Care, a group home, or another type of institution. In these cases, both parents may be ordered to pay child support.

Summons  A legal notice and warning given to a person when that person is sued.

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