Summary of Common Family Law Terms Vol. X

Summary of Common Family Law Terms Vol. XSummary of Common Family Law Terms Vol. X – When you have a legal question, it is extremely important that you have an attorney by your side who has the legal and practical experience to answer it. At Nelson Law Group PC, we believe in educating our clients, which is why we added a weekly blog to break down even the most complex and intimidating family law topics into bite-size pieces that are easy to understand.

Below is Vol. X of our common family law terms. While not a complete list, what we hope is that some of these words and phrases will become less foreign to you if and when you need us.

If you scroll to the bottom, you can find links to our previous nine posts on common law terms.

Summary of Common Family Law Terms Vol. X

Burden of Proof

This is the burden that falls on the shoulders of someone who brings a case to court. It is that person’s responsibility to produce sufficient evidence to support their case. Burden of Proof is required in practically every court case, and the amount needed depends on the case.

Motion

A formal request by the defendant, plaintiff, or a lawyer asking the judge to rule on or make an order on a specific issue. For example, a party in a child-support case may make a motion to have support payments suspended, revised, or enforced.

Settlement & Release Agreement

A straightforward document that allows parties in a potential case to settle their dispute outside of the courtroom.

Arrearages

Also known as being in arrears. When you owe unpaid or overdue payments to a court or former spouse (ex: child support).

Child-support enforcement case

This is any case or action that results from someone who is obligated to make child-support payments but falls behind on payments or refuses to pay. The court can enforce payments or take adverse action against the non-paying spouse, including suspending his/her drivers license, placing a lien on their property, or sending them to jail.

Lien

A legal claim made by a person or entity that uses your property as collateral until you as the property owner satisfy a debt. Liens are placed on both real and personal property. If the property is your homestead, you cannot sell or refinance without first paying the debt in full.

Perfecting a lien

This gives third parties notice that you have a security interest in a property. It could also affect the priority of a lien if there are multiple liens on a property. The purpose of perfecting a lien is to be able to seize and sell the property in order to satisfy the debt.

Child-Support Lien

Another type of lien, this allows a party to collect unpaid child support by attaching a lien on the obligated party’s property (real or personal).

Levy

Unlike a lien, which uses property as security for a debt, a levy is a legal seizure of your property (real or personal) to satisfy a debt. This can include garnishing your wages, pulling money from your bank account, selling your vehicles, etc.

Writ of Execution

A court order that attempts to enforce a judgment by having a sheriff to carry it out.

Motion to reduce child-support arrearages

If you are in arrears with child-support payments, your former spouse can request that the court take the total amount of unpaid child-support and reduce it to a lump sum judgment.

Judicial writ of withholding

When a court executes an order to deduct current child-support and any delinquent payments directly from the bank account of the person who owes the money.

Foreclosure

This is when property is taken from an owner who cannot make payments.

Attorney General

The head of the United State Department of Justice who also handles legal counseling. Certain decision-making skills are only for the AG to make.

Habeas Corpus

The is the legal recourse in which a person can report an unlawful decision made by the court (example: false imprisonment based on bad information).

Here are individual links to our previous nine terms lists: Vol. 1, Vol. 2, Vol. 3, Vol. 4, Vol. 5, Vol. 6Vol. 7, Vol. 8, Vol. 9. Before filing your case, give us a call. Our friendly staff is here to help you. For more information about Brett A Nelson click here.