Glossary of Family Law Terms

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z #

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Child Support: A legal responsibility that both parents have to provide adequate financial support for the children until each reaches the age of emancipation (In North Carolina, this is at the age of 18. You should contact an attorney in your state to determine your state's definition.). The goal is to keep the children in the same quality of lifestyle that they would have experienced had the divorce not taken place. In North Carolina, the following are considered when determining an appropriate amount for support:

• The financial resources of each parent and that of the child's.
• The age and health of each parent.
• The income and earning capabilities of each parent.
• The willingness both parents demonstrate to allow visitation.
• The impact on each parent maintaining two households.
• The child's educational needs, higher education not withstanding.
• The age and health of the child.
• The possibility of the child obtaining employment.
• The tax liabilities of each parent.
• The desire on the part of each parent to have sole or joint custody.
• The employment stability and potential of each parent.

You should contact an attorney in your state to determine your state's definitions.

Collusion: An agreement to commit fraud. In a divorce proceeding, the husband and wife may lie to the court to facilitate obtaining the divorce in a quicker manner.

Common Law Marriage: Two people agree, live together and hold themselves out to the public as husband and wife, but do not go through a ceremonial marriage.

Complaint: A pretrial document filed in a court by one party against another that states a grievance, called a "cause of action."

Condonation: An express or implied forgiveness by the innocent spouse of the marital fault committed by the other spouse.

Contempt of Court: Obstructing the authority of the court by intentionally violating a court order.

Corroboration: Additional evidence (sometimes in the form of a witness) of a point beyond what is offered by the person asserting the point.

Custodial Parent: The parent who has physical custody of the child.

Custody: Legal guardianship of the children. Frequently, in a divorce proceeding, custody will be shared between the parents ("shared custody"). Less frequently, there will be a reason to award custody only to one parent ("sole custody").