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Glossary of Family
Law Terms
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C D
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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").
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