HOME California State Department of Child Support Services/DCSS - The State department responsible for the oversight of the state Child Support Program. Child Support Program services are delivered through 52 county and regional child support agencies. CalWORKS - Public assistance benefits paid on behalf of low-income, needy, dependent children, provided under Title IV-A of the Social Security Act. Cash Balance Plan - A type of defined benefit plan that includes some elements that are similar to a defined contribution plan because the benefit amount is computed based on a formula using contribution and earning credits, and each participant has a hypothetical account. Cash balance plans are more likely than traditional defined benefit plans to make lump sum distributions. Child Support – The amount of money paid by a non-custodial parent to the custodial parent for a child’s day-to-day expenses and other special needs. Child Support - Before parents can address the issue of child support, there must be an underlying action. If the parents are married, either the mother or the father must first file an action requesting a dissolution of marriage, legal separation, nullity or file the petition for custody and support of minor children's action. If the parents are unmarred, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children. There is no legal obligation to pay child support from one parent to the other until there is a Court order. A Court order is obtained by requesting a hearing. Once an underlying action has been filed, the Court can address the issue of child support in the underlying action. Further discussion of child support can be located by referring to the appropriate underlying action. In Los Angeles County, child support issues may also be raised through an action initiated by the Child Support Services Department , formally known as the District Attorney's Office - Bureau of Family Support Operations. Amounts required to be paid under a judgment, decree, or order, whether temporary, final, or subject to modification, for the support and maintenance of a child or children, which provides for any or all of the following: monetary support, health insurance coverage, arrearages, and may include interest on delinquent child support obligations. Child Support Guidelines – A series of mathematical formulas used to calculate the amount of child support to be paid in some cases. Congress has mandated that states adopt child support guidelines and support enforcement procedures. In California the most widely used program for calculating support is called Dissomaster and the resulting support is referred to as Guideline Support. (California Family Code sections 4050 and thereafter) COBRA – Consolidated Omnibus Budget Reconciliation Act (COBRA) law passed in 1986. It allows an ex-spouse to continue to receive health insurance coverage from his/her former spouse’s employer if the employer has at least 20 employees, for up to three years after the divorce. Premiums for this coverage are typically higher than when they were covered under the employer’s plan. It should be noted that the normal COBRA provision states that if an employee leaves or is fired from a job, he or she can get health insurance from that company for 18 months. However, in the case of a divorce it is extended to 3 years or 36 months. Collaborative Divorce – Collaborative Divorce is a team approach to divorce. Divorcing families obtain professional help from specialists in the psychotherapy, financial, legal fields, and when needed, medical and child specialists to help them settle their case. Collaborative Law – Collaborative Law is a new dispute resolution model in which each party retains their own attorney who has gone through specialized “Collaborative Law” training. The lawyer’s only job is to help settle the dispute. All parties agree to work together respectfully, honestly, and in good faith to try to find “win-win” solutions to the legitimate needs of both parties. No one may go to court, or even threaten to do so, and if that should occur, the Collaborative Law process terminates and both lawyers are disqualified from any further involvement in the case. Common Law Marriage – A judicially recognized marriage in some states, usually based on cohabitation where no formal marriage ceremony has taken place. California does not recognize common law marriage. Community Property – A form of co-ownership of property used in some states, that divides equally all property acquired during the term of the marriage. Inheritance and gifts are excluded in some jurisdictions. Currently, these eight states have community property laws: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Washington. The Wisconsin system has similarities. Most other states follow the rule of Equitable Division of Property. Compromise of Arrears Program - A standard method to accept a partial payment on child support debt owed to the government in exchange for compromising some of the governmental debt. Contempt of Court – The willful failure to comply with a court order, judgment, or decree by a party to the actions. Contempt of Court may be punishable by fine or imprisonment. Contested Divorce – Any case where the judge must decide one or more issues that are not agreed to by the parties. All cases are considered contested until all issues have been agreed to. Corroborative Witness – A person who testifies for one of the parties and backs up their story. Court Order – A written instruction from the court carrying the weight of law. Orders must be in writing. Anyone who knowingly violates a court order can be held in contempt of court. After a hearing, the clerk usually prepares a Minute Order. You should always request a copy of the minute order. Also the parties may volunteer and the Court may order that one of the parties prepare an Order After Hearing for submission to the Court. In such a case the party preparing the Order After Hearing should obtain a copy of the Court reporters transcript. Credit – The measure of trustworthiness of repayment of a loan based on income, past credit history, assets and liabilities. It should be noted that after the divorce the former spouses past credit history might affect the ex-spouse. Cross-Examination – The questioning of a witness presented by the opposing party on trial or at a deposition. The purpose is to test the truth of that testimony. Custodial Parent – The parent with whom the child(ren) live the majority of the time. Custodial Party/CP - The parent or guardian who has sole, joint, or temporary custody of a dependent child. Although custodial status has no bearing on who receives support, a custodial parent or guardian is often the party who receives child support payments. Custody And Visitation - Before parents can address the issues of custody and visitation of their minor children, there must be an underlying action. If the parents are married, either the mother or the father must first file an action requesting a dissolution of marriage, legal separation, nullity or file the petition for custody and support of minor children's action. If the parents are unmarried, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children. Once an underlying action has been filed, the Court can address the issues of custody and visitation. Further discussion of custody and visitation can be located by referring to the appropriate underlying action. In Los Angeles County, custody and visitation issues may also be raised through an action initiated by the Child Support Services Department, formerly known as the District Attorney's Office - Bureau of Family Support Operations. Custody (Legal) – refers to the parent’s right to make important decisions affecting health, education and welfare of the children. -have a child live with that parent and -make decisions concerning the child Custody (Physical) – refers to who the children reside with. Back to Glossary return to top of page < HOME Contact a Los Angeles Divorce Attorney at Law Offices of Warren R. Shiell today! Please call to make an appointment at 310.247.9913. © 2009 Warren R. Shiell. All rights reserved. Los Angeles Divorce Attorney. The information contained in this website is an "Advertisement." 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