Glossary

An attorney is retained by the litigating parties to work as a neutral manager handling various aspects of the case, including information gathering, discovery disputes, temporary orders, and other preliminary matters. Case management can be combined with mediation and private judging. Case management can save the time and expense associated with going to court to resolve pre-trial issues.

Custody Law terminology can be confusing. Legal custody (California Family Code § 3003) refers to the ability to make decisions concerning the health, education and welfare of a minor child. Generally in California, both parents share decision-making responsibility and the right to attend the child’s functions, even if the child lives more of the time with one parent. (See codes) There are situations when the Court has found that the children’s best interests are served by awarding one parent sole legal custody. Sole legal custody is awarded in very limited circumstances.

Physical custody (California Family Code § 3004) refers to the actual living arrangement of a child. “Joint physical custody” means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents If the child resides with one parent and is under that parent’s supervision for most of the time, that parent is deemed to have primary physical custody, subject to visitations by the other parent.

Child support is the obligation of a parent to provide financial assistance to his or her minor children. Child support is determined by application of a uniform statewide child support guideline formula that takes into consideration each party’s income, the time spent with the children and several other factors. When a party owns a business or has “non-traditional” income, it is often necessary to retain a forensic accountant to prepare a report of what is the party’s gross controllable cash flow available for support.

Child support is determined through a statutory formula that utilizes a number of factors for each spouse and the percentage of time the children spend with each parent. The monthly child support order is based on the statutory formula using a computer calculation program. It may be difficult to calculate income for people who are self-employed, or people who have income from various sources. When obtaining accurate income information is challenging acquiring the information through formal discovery is an option. We hire on behalf of the client forensic accountants to analyze and accurately determine business cash flow and income streams to determine the correct amount of support as required by the law.

Child support arrears are more commonly known as “back child support. Child support arrears are created by operation of law when a party fails to pay child support that has been ordered by the Court. The child support arrears accrue interest at the legal rate of 10% per year. This interest rate can be increased to 72% per year by serving the appropriate paperwork. A party that is owed child support has numerous different methods to obtain the child support arrears owed to them, including seizing money in the obligor’s bank account; recording a judgment against any real property owned by the obligor; requesting that the obligor’s driver’s license, passport or professional license be suspended; seizing tax refunds of the obligor; and requesting the obligor be jailed.

This agency makes, enforces, and changes child support and also collects and gives out child support money.

In family law, a standard method for figuring out child support payments based on the income of the parent(s) and other factors according to state law. The Federal Family Support Act of 1988 says states must use guidelines to calculate support for each family unless there is a written court finding saying the guidelines would be inappropriate for that case.

A person chosen by the judges to help manage cases, keep court records, deal with financial matters, and give other administrative support.

The law created by statutes. For example, the California Family Code, California Code of Civil Procedure, California Civil Code, California Vehicle Code, California Penal Code, and California Health and Safety Code.

A commissioner is selected by the judges of the court to assist them with the handling of the court’s caseload. They have many of the same responsibilities as judges. A litigant must agree to the Commissioner hearing their case because the California Constitution gives every citizen the right to have a Judge decide their case.

Community obligations are the debts that a husband and wife or registered domestic partners owe together. In most cases that includes anything that you still owe on any debts either of you took on during the time you were living together as husband and wife or as registered domestic partners. (If you bought furniture on credit while you were married or in a registered domestic partnership and living together, the unpaid balance is a part of your community obligations.)

Community property is everything that a husband and wife or registered domestic partners own together. Generally, all property that is acquired during marriage is community property and is divided equally by the parties. The most common exception to this rule is that property acquired during marriage through gift, bequest or devise is the separate property of the spouse who acquired the property. In most cases community property includes:

• Money or benefits like pensions and stock options that you now have which either of you earned during the time you were living together as husband and wife or as registered domestic partners; and


• Anything either of you bought with money earned during that period.

To defy a court’s authority. If one is found or held in contempt of court, he or she may be fined, ordered to perform community service, or placed in jail.

A judge or body of judges whose task is to hear cases and administer justice.

• Trial Courts: Before June 1998, California’s trial courts consisted of superior and municipal courts, each with its own jurisdiction and number of judges fixed by the Legislature. Superior courts now have trial jurisdiction over all felony cases and all general civil cases.


• The Courts of Appeal: The Courts of Appeal were established by an amendment to the California Constitution in 1904. They are California’s intermediate courts of review, between the trial courts and the Supreme Court. California has six appellate districts, each one having at least one division. The six appellate districts have 19 divisions and a total of 105 justices who preside in those courts.
  
  The Courts of Appeal have the authority to hear appeals from the trial courts throughout the state. An example: when a verdict or judgment is reached in a trial and the losing party in the case wants to appeal the decision, the case goes to the Court of Appeal for review. Cases on appeal are decided by three-judge panels. The decisions of the panels are called opinions, and sometimes those opinions are published in a legal newspaper, so that lawyers throughout the state can read them and perhaps use them to argue their own cases.Each division of the Courts of Appeal has a presiding justice and two or more associate justices, appointed by the Governor and confirmed by the Commission on Judicial appointments. The same rules, which govern the selection of Supreme Court justices, also apply to the justices who serve on the California Courts of Appeal. State Supreme Court


• Supreme Court: The state’s highest court. The Supreme Court may grant review of cases decided by the Courts of Appeal. Certain other cases, such as death penalty appeals and disciplinary cases involving judges and attorneys, are appealed directly to this court. At least four of the seven justices must agree on decisions. The court’s decisions are binding on all other state courts.

A legally binding edict issued by a court of law. Can be issued by a magistrate, judge, commissioner or properly empowered administrative officer.

A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand, or an audio recording device, and then produces a transcript of the proceedings upon request.

A trial without a jury in which a judicial officer determines both the issues of fact and the law in the case. All family law proceedings are determined through Court Trial.

The testimony a witness gives when the other side’s lawyer is asking the questions at a trial, hearing, or deposition.

The parent that has primary care, custody, and control of the child(ren).

Prior to any party seeking assistance from the Court in establishing or modifying custody and or visitation orders, the parties must attend mediation. The mediation appointment is with the Sonoma County Family Court Services mediator. There is no cost for this mandatory mediation session which usually is an hour to an hour and a half in length. If an agreement is not reached by the parties, a recommendation is provided to the Court based on the mediator’s opinion. The mediator’s recommendation is not binding on the Court yet provides the Court with valuable information to consider before making custody and or visitation orders.

A Special Master’s can be either mental health professionals or attorneys. The Special Master, using quasi-judical authority stipulated to by the parents in advance, resolves problems quickly by mediation approach where appropriate or by making decisions for the family where the parents cannot come to a decision. The Special Master may issue written or oral decisions: a summer schedule might be written whereas the resolution of a weekend crisis by telephone may be done orally. Although the Special Masters usually focus on resolving issues to do with the children. they can, among other procedures, assist in setting up a mechanism to foster parents’ communication to reduce family conflict.