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Glossary

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Parentage / Paternity

Parentage is more commonly known as paternity. A parentage action is filed where parents have had children without getting married. In a parentage action, the Court determines whether or not a party is the parent of a minor child. If parentage is established, child custody and visitation orders and child support orders may be made by the Court.

Partner Support

In family law, court-ordered support of a registered domestic partner or ex-partner.

Party

One of the litigants in a court case. At the trial level, the parties are typically called the “plaintiff” or “petitioner” and the “defendant” or “respondent.” On appeal, parties are called the “appellant” and “appellee.”

Passport Denial Program

The names of obligors that owe $5,000 or more in child support are sent to the federal Office of Child Support Enforcement for tax refund offset and to the U.S. Department of State to indicate that a passport can’t be issued for that person.

Payee

Person or organization in whose name child support or other money is paid.

Payor

Person that makes a payment.

Pendente Lite

Describes orders made during the actual progress of the lawsuit prior to final disposition; from the Latin for “during the suit.”

Pending

The status of a case that is not yet resolved by the court.

Perjury

A false statement made on purpose while under oath in a court proceeding.

Personal Jurisdiction

The power of a court over the person of a respondent.

Personal Service

Personal delivery of court papers by handing a copy to the person that is served.

Petition

The first written application to a court requesting that judicial action be taken on a particular matter. In divorce cases, the initial pleading is a Petition For Dissolution of Marriage.

Petitioner

A person that presents a petition to the court.

Pleading

Written statement filed with the court that describes a party’s legal or factual claims about the case and what the party wants from the court.

Points and Authorities

Refers to the written legal argument given to support a motion. It includes references to past cases, statutes (codes), and other statements of law that emphasize the legality of the motion requested.

Post Judgment Modifications

After the Court enters orders and or your judgment becomes final, modifications to child custody, child support, visitation, spousal support or other issues may require modification if circumstances have changed and the Court has retained jurisdiction over the issue you wish to be modified.

Precedent

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally “follow precedent,” meaning that they use the principles established in earlier cases to decide new cases dealing with similar facts and legal issues. A judge will overlook precedent if a party can show that the earlier case was decided incorrectly or that it differed in some significant way from the current case.

Premarital Agreement

A premarital agreement is a written agreement entered into by a couple before they marry. The Agreement defines the economic and personal aspects of their relationship using private choice, rather than the “default” rules of state law. Many rules that apply automatically when a couple marries – such as the rule that earnings during marriage are jointly owned, community property – can be varied by written agreement.

Preponderance of Evidence

The degree of proof which is more probable than not. Generally, the “weight” of the evidence presented by one side “outweighs” the evidence presented by the other.

Private Custody Mediation

Private Custody Mediation allows the parties to meet with an attorney to discuss what each party believes is in the best interests of their child. The advantages to private custody mediation is that the appointment is set at a mutually convenient time for the parties and the attorney and the length of the mediation is not limited to the hour or hour and one-half. Private custody mediation allows the parties to engage in a series of conversations if a resolution is not reached following the initial meeting.

Private Judging

At times, in difficult cases the parties have elected to hire an experienced private attorney or a retired Family Law Judge to hear the matter at an agreed upon time. The trial takes place in the attorney’s office and usually proceeds day after day until the matter is completed. The parties normally share the expense of the private judge equally. Because every client has the right to have their matter heard by a Superior Court Judge the parties must agree to a private judge hearing their case.

Pro Tem Judge

A lawyer that volunteers his or her time to hear and decide cases. Also called a “temporary judge.”

Process Server

A person that serves court papers on a party to a lawsuit.

Proof

Evidence that tends to establish the existence or truth of a fact at issue in a case.

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.

Putative Father

The person said to be the father of a child but who has not yet been medically or legally declared to be the legal father.

Glossary

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