Shared Flashcard Set

Details

family law 2
family law 6,8,9
72
Law
Professional
09/06/2012

Additional Law Flashcards

 


 

Cards

Term
seperation agreement
Definition
a contract by two married individuals who have seperated or are about to that covers support, custody, property division and other terms of their separation.
Term
conducive to divorce
Definition
tending to encourage or contribute to divorce
Term
public policy
Definition
the principles inherent in the customs, morals, and notions of justice that prevail in a state. The foundation of public laws. The principles that are naturally and inherently right and just.
Term
collusion
Definition
an agreement to commit fraud
Term
duress
Definition
coercion; acting under the pressure of an unlawful act or threat.
Term
aggrieved
Definition
injured or wronged
Term
at arm's length
Definition
as between two strangers who are looking our for their own self-interets. at a distance; without trusting the other's fairness;free of personal bias or control.
Term
alimony
Definition
money or ther property paid to one's spouse after seperation or divorce.
Term
property division
Definition
distribution of property accumulated by spouses
Term
arrears/arrearages
Definition
behind on payments
Term
outstanding
Definition
unpaid
Term
discharged
Definition
released; forgiven so that the debt is no longer owed.
Term
contingent
Definition
Conditional; dependent on something that may not happen.
Term
alimony in gross
Definition
a lump sum payment of alimony
Term
escrow
Definition
property is delivered by one person to another who will hold it until a designated condition or contingency occurs.
Term
surety bond
Definition
obligation by a guarantor to pay a second party if a third party defaults in its obligation to the second party.
Term
annuity
Definition
a fixed sum payable to an individual at a specified intervals for a limited period of time or for life.
Term
trust
Definition
a method of holding property by which legal title is given to the trustee for the beneficiary.
Term
rehabliltative alimony
Definition
support payments limited to the time needed to return to self sufficiency through employment or job training
Term
bequest
Definition
a gift of personal property in a will
Term
devise
Definition
a gift of real property in a will
Term
separate property
Definition
property one spouse aquired before marriage; or during the marraige by gift, will, or intestate succession.
Term
marital property
Definition
nonseperate property acquired during the marriage.
Term
intestate succession
Definition
property from deceased who did not leave a valid will.
Term
commingling
Definition
placing funds from different sources into the same account.
Term
joint tenancy
Definition
property owned equallby by 2 or more persons with the right of survivorship.
Term
right of survivorship
Definition
when owner dies, their share goes to other owners bypassing the estate.
Term
tenancy by entirety
Definition
joint tenancy by husband and wife.
Term
tenancy in common
Definition
property owned by 2 or more persons with or without equal share and no right of survivorship.
Term
community property
Definition
each spouse has 1/2 interest since accquired during marriage, regardless of title or who earned it. includes separate property that the parties have agreed to treat as community property.
Term
common law property
Definition
property acquired during the marriage that can be owned by the sopuse who earned it.
Term
transmutation
Definition
volunatry change of community property into seperate property and vice versa.
Term
fiduciary
Definition
pertaining to high standard of care that must be exercised on behalf of another.
Term
quasi-community property
Definition
Property acquired during the marriage in a noncommunity state thout would have been community property ir it had been acquired ina community porperty state.
Term
equitable distribution
Definition
the fair, but not necessarily equal division of all marital property in a common law propety state.
Term
hotchpot
Definition
mixing of blending of all property, however acquired, to achieve greater equality.
Term
dissipate
Definition
waste, destroy, or squander.
Term
vested
Definition
fixed so that it cannot be take away by future events or conditions; accrued so that you now have a right to present or future possession or enjoyment.
Term
qualified domestic relations order
Definition
a court order that allow a nonemployee to reach pension benefits of an employee or former employee to satisfy a support or other marital obligation to the nonemployee.
Term
alternate payee
Definition
a nonemployee entitle to receive pension enefits of an employee or former employee pursant to a qualified domestic realtions order.
Term
present value
Definition
the amount of money an individual would have to be given now to produce or generate a certain amount of money in a designated perios of time.
Term
restitution
Definition
an equitable remedy in which a person is restored to his or her original position prior to the loss or injury. Restoring to the plaintiff the value of what he or she parted with.
Term
goodwill
Definition
the favorable reputation of a business that causes it to generate additional business.
Term
tax effect
Definition
(a) to determine the tax consequences of something; (b) the tax consequences of something
Term
executor
Definition
the person designated in a will to carry out the terms of the will and handle related matters.
Term
elect against the will
Definition
to obtain a desgnated share of a deceased sopuse's estate in spite of what the latter provided or failed to provide for the surviving spouse in a will.
Term
nonmolestation clause
Definition
a clause in an agreement that the parties will not bother each other.
Term
Uniform interstate family support act (UIFSA)
Definition
a state law on establishing and enforcing support obliagations against someone who does not live in the same state as the person to whom the support is owed.
Term
long-arm jurisdiction
Definition
the personal jurisdiction that a state acquires over a nonresident defendant because os his or her purposeful contact with the state.
Term
IV-D agency
Definition
a state agency that attempts to enforce child-support obligations.
Term
initiating state
Definition
the state in which a support case is filed in order to forward it to another (responding) state for the enforcement proceedings under the UIFSA.
Term
responding state
Definition
the state to which a support case is forwarded. (UIFSA)
Term
continuing, exclusive jurisdiciton (cej)
Definition
once a court acquires proper jurisdiction to make an order, the case remains open and only that court can modify the order.
Term
home state
Definition
the state where the child has lived with a parent for at leat six consecutive months immediately before the case befing in court, or since birth if less than six months old.
Term
child support guidelines
Definition
a required method of determing the amount of child support htat must be paid.
Term
obligor
Definition
one who has a legal obligation
Term
obligee
Definition
the person to who the legal obligation is owed.
Term
arrearage/arrears
Definition
payments that are due but have not been made.
Term
imputed income
Definition
income that will be assumed to be available regardless of whether it is actually available.
Term
assign
Definition
to transfer right or property.
Term
state parent locator service (SPLS)
Definition
a state government agency that helps locate parents who fail to pay child support.
Term
federal parent locator service (FPLS)
Definition
a federal government agency that helps locate parents who fail to pay child support, particularly in interstate cases. They can also help in parental kidnaping cases.
Term
family violence indicator (FVI)
Definition
a designation place on a participant in a child-support case indication that he or she may be a victim of child abuse or domestic violence.
Term
qualified medical child support order (QMCSO)
Definition
a court order requiring that a group health plan provide benefits for the child of a parent covered under the plan.
Term
levy
Definition
the collection or seizure of property by a marshal or sheriff with a writ of execution.
Term
protective order
Definition
a court order designed to protect a person from harm or harassment.
Term
necessaries
Definition
the basic itme needed by family members to maintain a standard of living.
Term
adjusted gross income (AGI)
Definition
the total amount of income received by a taxpayer less allowed deductions.
Term
front load
Definition
to make substantial alimony payment shortly after the separation or divorce.
Term
recapture rule
Definition
tax liability will be recalculated when the parties imporperly fromt load alimony dedcutions.
Term
innocent apouse relief
Definition
a former spouse will not be liable for taxes and penalties owed on prior joint returns if she or she can prove that at the tie they signed the return they didn't know or had reason to believe the other spouse had understated the taxes due.
Term
marriage penalty
Definition
if both spouses earn substantially the same income, they pay more taxes when filing a joint return they if they could file as single.
Supporting users have an ad free experience!