family law 2

seperation agreement
a contract by two married individuals who have seperated or are about to that covers support, custody, property division and other terms of their separation.
conducive to divorce
tending to encourage or contribute to divorce
public policy
the principles inherent in the customs, morals, and notions of justice that prevail in a state. The foundation of public laws. The principles that are naturally and inherently right and just.
collusion
an agreement to commit fraud
duress
coercion; acting under the pressure of an unlawful act or threat.
aggrieved
injured or wronged
at arm’s length
as between two strangers who are looking our for their own self-interets. at a distance; without trusting the other’s fairness;free of personal bias or control.
alimony
money or ther property paid to one’s spouse after seperation or divorce.
property division
distribution of property accumulated by spouses
arrears/arrearages
behind on payments
outstanding
unpaid
discharged
released; forgiven so that the debt is no longer owed.
contingent
Conditional; dependent on something that may not happen.
alimony in gross
a lump sum payment of alimony
escrow
property is delivered by one person to another who will hold it until a designated condition or contingency occurs.
surety bond
obligation by a guarantor to pay a second party if a third party defaults in its obligation to the second party.
annuity
a fixed sum payable to an individual at a specified intervals for a limited period of time or for life.
trust
a method of holding property by which legal title is given to the trustee for the beneficiary.
rehabliltative alimony
support payments limited to the time needed to return to self sufficiency through employment or job training
bequest
a gift of personal property in a will
devise
a gift of real property in a will
separate property
property one spouse aquired before marriage; or during the marraige by gift, will, or intestate succession.
marital property
nonseperate property acquired during the marriage.
intestate succession
property from deceased who did not leave a valid will.
commingling
placing funds from different sources into the same account.
joint tenancy
property owned equallby by 2 or more persons with the right of survivorship.
right of survivorship
when owner dies, their share goes to other owners bypassing the estate.
tenancy by entirety
joint tenancy by husband and wife.
tenancy in common
property owned by 2 or more persons with or without equal share and no right of survivorship.
community property
each spouse has 1/2 interest since accquired during marriage, regardless of title or who earned it. includes separate property that the parties have agreed to treat as community property.
common law property
property acquired during the marriage that can be owned by the sopuse who earned it.
transmutation
volunatry change of community property into seperate property and vice versa.
fiduciary
pertaining to high standard of care that must be exercised on behalf of another.
quasi-community property
Property acquired during the marriage in a noncommunity state thout would have been community property ir it had been acquired ina community porperty state.
equitable distribution
the fair, but not necessarily equal division of all marital property in a common law propety state.
hotchpot
mixing of blending of all property, however acquired, to achieve greater equality.
dissipate
waste, destroy, or squander.
vested
fixed so that it cannot be take away by future events or conditions; accrued so that you now have a right to present or future possession or enjoyment.
qualified domestic relations order
a court order that allow a nonemployee to reach pension benefits of an employee or former employee to satisfy a support or other marital obligation to the nonemployee.
alternate payee
a nonemployee entitle to receive pension enefits of an employee or former employee pursant to a qualified domestic realtions order.
present value
the amount of money an individual would have to be given now to produce or generate a certain amount of money in a designated perios of time.
restitution
an equitable remedy in which a person is restored to his or her original position prior to the loss or injury. Restoring to the plaintiff the value of what he or she parted with.
goodwill
the favorable reputation of a business that causes it to generate additional business.
tax effect
(a) to determine the tax consequences of something; (b) the tax consequences of something
executor
the person designated in a will to carry out the terms of the will and handle related matters.
elect against the will
to obtain a desgnated share of a deceased sopuse’s estate in spite of what the latter provided or failed to provide for the surviving spouse in a will.
nonmolestation clause
a clause in an agreement that the parties will not bother each other.
Uniform interstate family support act (UIFSA)
a state law on establishing and enforcing support obliagations against someone who does not live in the same state as the person to whom the support is owed.
long-arm jurisdiction
the personal jurisdiction that a state acquires over a nonresident defendant because os his or her purposeful contact with the state.
IV-D agency
a state agency that attempts to enforce child-support obligations.
initiating state
the state in which a support case is filed in order to forward it to another (responding) state for the enforcement proceedings under the UIFSA.
responding state
the state to which a support case is forwarded. (UIFSA)
continuing, exclusive jurisdiciton (cej)
once a court acquires proper jurisdiction to make an order, the case remains open and only that court can modify the order.
home state
the state where the child has lived with a parent for at leat six consecutive months immediately before the case befing in court, or since birth if less than six months old.
child support guidelines
a required method of determing the amount of child support htat must be paid.
obligor
one who has a legal obligation
obligee
the person to who the legal obligation is owed.
arrearage/arrears
payments that are due but have not been made.
imputed income
income that will be assumed to be available regardless of whether it is actually available.
assign
to transfer right or property.
state parent locator service (SPLS)
a state government agency that helps locate parents who fail to pay child support.
federal parent locator service (FPLS)
a federal government agency that helps locate parents who fail to pay child support, particularly in interstate cases. They can also help in parental kidnaping cases.
family violence indicator (FVI)
a designation place on a participant in a child-support case indication that he or she may be a victim of child abuse or domestic violence.
qualified medical child support order (QMCSO)
a court order requiring that a group health plan provide benefits for the child of a parent covered under the plan.
levy
the collection or seizure of property by a marshal or sheriff with a writ of execution.
protective order
a court order designed to protect a person from harm or harassment.
necessaries
the basic itme needed by family members to maintain a standard of living.
adjusted gross income (AGI)
the total amount of income received by a taxpayer less allowed deductions.
front load
to make substantial alimony payment shortly after the separation or divorce.
recapture rule
tax liability will be recalculated when the parties imporperly fromt load alimony dedcutions.
innocent apouse relief
a former spouse will not be liable for taxes and penalties owed on prior joint returns if she or she can prove that at the tie they signed the return they didn’t know or had reason to believe the other spouse had understated the taxes due.
marriage penalty
if both spouses earn substantially the same income, they pay more taxes when filing a joint return they if they could file as single.

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