Divorce with Kids – Know these Terms

When you are navigating a divorce, it is hard enough without children. But when there is a divorce with kids, there is often more tension. Therefore, to navigate child custody, child support, parenting time, and more – knowing and understanding the terminology is important.

Here’s what you need to know:

Arrearages. Amount of support determined by the court or administrative process that was due but yet not paid.

Child Support Guidelines. A series of mathematical formulas that help derive the proper amount of child support that should be awarded.

Child Support Worksheet. A court form devised to calculate the child support guidelines.

Custodial Parent. The parent with whom a child normally lives. Also, the one who makes legal decisions concerning the child.

Custody. Refers to the rights and obligations between parents regarding their children after a divorce, legal separation, or paternity decree.

Family Access Motion. A process to enforce an existing order for visitation/parenting time with a child.

Garnishment. A support enforcement technique, in which the support payment is automatically deducted from the supporter’s paycheck and delivered to the recipient parent.

Guardian Ad Litem. An adult, usually appointed by the court, who represents the non-legal interest of a minor child in a divorce. He or she is a trained social worker, attorney, counselor, or other

professional.

Legal Custody. The authority of one parent or both parents to make legal decisions regarding the health, education, and welfare of the child. It may be sole, primary, or joint custody.

Motion to Modify. A written request of the court to change a previous order regarding child custody, support, alimony, or other divorce-related decisions.

More Terms

Parenting Schedule. A list of dates stating times each parent may see each child.

Physical Custody. Refers to the amount of time each parent is permitted to be in the physical vicinity of their child. This may be sole, primary, or joint custody.

Right of First Refusal. A provision placed in child custody agreements requiring one parent to offer the other parent the opportunity to look after their children before contacting a babysitter or other family member to take care of them.

Support. The money a parent pays to another parent to help pay for the needs of the child.

Writ of Execution. A court order authorizing the seizure of an asset of a non-custodial parent who owes past-due child support. The order usually authorizes the seizure of assets up to the total amount of past-due child support owed under the judgment. Levy is another word for a A Writ of Execution.

Call Us

As you go through your divorce with kids and finalize custody, be sure you talk about any uncertainties or questions with your attorney.

The divorce lawyers and child custody attorneys at Gray Law Group can help. Give us a call!