HOME Emancipation – The point at which a minor child comes of age. Children are emancipated in most states upon reaching the age of 18, 19 or 21, or upon marriage, full-time employment, graduation from high school, or entering the armed services. Emancipation is the point where parents have no further legal or financial obligations for a child’s support. Employee Retirement Income Security Act of 1974 (ERISA) – A Federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans. ERISA requires plans to provide participants with plan information, including important facts about plan features and funding; sets minimum standards for participation, vesting, benefit accrual, and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a claims and appeals process for participants to get benefits from their plans; gives participants the right to sue for benefits and breaches of fiduciary duty; and, if a defined benefit plan is terminated, guarantees payment of certain benefits through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC). Employee Stock Ownership Plan (ESOP) – A type of defined contribution plan that is invested primarily in employer stock. Establishing Parentage (Paternity) - This action is filed by an unmarried mother or by an unmarried father who have minor children together. Through this action, the Court will determine paternity (or non-paternity if the father is found not to be the biological father of the minor children), and make custody and visitation as well as child support orders. Once an action is filed by a Petitioner, the other party, Respondent, must be personally served with specific paperwork. If the Respondent fails to file the necessary responding paperwork within thirty (30) days of service, the Petitioner may request the entry of default. Once the default is entered, the Petitioner can complete the paternity proceeding without the participation of the Respondent. If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter. The action is considered contested if the parties are unable to agree on some or all issues and the unresolved issues must be resolved by the Court. The action is considered uncontested if the parties are able to cooperate and agree on all issues outside of Court and the matter can proceed to its conclusion by submitting the necessary signed paperwork for the Court's signature. Evidence – Proof presented at a hearing, including testimony, documents or objects. Exhibits – Tangible things presented at trial as evidence. Expert witness – In court proceedings, the expert witness is the professional whose testimony helps a judge reach a decision. Back to Glossary return to top of page < HOME Contact a Divorce Attorney LA 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. Divorce Attorney LA and Family Law. The information contained in this website is an "Advertisement." It is for informational purposes only and shall not constitute legal advice. Nothing in this Website shall be deemed to create an Attorney-Client relationship. An Attorney-Client relationship shall only be created when this office agrees to represent a Client and a Client signs a written retainer agreement. |
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