Logan Child Support Lawyer, Utah, page 6

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LEGAL TERMS

STEPCHILD

A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological ... (more...)
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological offspring. Under the Uniform Probate Code, followed in some states, a stepchild belongs in the same class as a biological child and will inherit property left 'to my children.' In other states, a stepchild is not treated like a biological child unless he or she can prove that the parental relationship was established when he or she was a minor and that adoption would have occurred but for some legal obstacle.

TEMPORARY RESTRAINING ORDER (TRO)

An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court ... (more...)
An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. Although a TRO will often not stop an enraged spouse from acting violently, the police are more willing to intervene if the abused spouse has a TRO.

LAWFUL ISSUE

Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means... (more...)
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as issue and 'lineal descendant.'

HOME STUDY

An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial s... (more...)
An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial stability, marital stability, lifestyles and other social factors, physical and mental health and criminal history.

SPOUSAL SUPPORT

See alimony.

QMSCO

See Qualified Medical Child Support Order.

MINOR

In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in ... (more...)
In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in the military, married or living independently with court permission. Property left to a minor must be handled by an adult until the minor becomes an adult under the laws of the state where he or she lives.

NEXT FRIEND

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

SAMPLE LEGAL CASES

Ostermiller v. Ostermiller

... She sought child support and alimony. ... III. THE COURT OF APPEALS ERRED IN ASSUMING THE REGULARITY OF THE PROCEEDINGS REGARDING THE TRIAL COURT'S FINDING THAT DAVID WAS NOT ENTITLED TO RETROACTIVE CHILD SUPPORT. ...

Arnold v. Arnold

... The parties' decree of divorce awarded no child support to either party due to their joint custody of AA and their equal incomes. ... App. 1994) (treating private school expenses as "part and parcel of the child support award"); see also Starley v. McDowell, 1999 UT App 46U, para. ...

O'DEA v. Olea

... You will not father this child. You will pay child support until the child is in college. You will never see this baby. ... 7 Mr. O'Dea took this conversation to mean that Ms. Olea was not placing the child for adoption because she referred to him having to pay child support. ...

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