Dissolution of Marriage
More commonly referred
to as divorce.
Allocation of Parental
Responsibilities
previously referred to
as custody; allocates living arrangements for children
at issue and designates which parent will make major
decisions concerning education, medical and religious
upbringing issues. If parents were never married a Petition
for Allocation of Parental Responsibility needs to be
filed instead of a Petition for Dissolution of Marriage.
Parental responsibilities may be allocated jointly or
solely to the parties. A non-biological stepparent,
grandparent or psychological parent may also be allocated
parental responsibilities depending on the circumstances.
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Annulment
a declaration that the
marriage was invalid from its inception, such as a bigamous
marriage.
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Child Support
statutorily determined
to a very large extent based upon the parties' combined
incomes, daycare and health insurance expenses for the
children, necessary support for other children of one
of the parties and any extra ordinary medical or educational
expenses necessary for the children. An individual's
monthly expenses are generally not taken into consideration
when calculating child support although it is possible
to deviate from the amount of support dictated by statute.
Child support terminates at age nineteen or upon emancipate,
which ever occurs first, unless the child has special
needs.
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Contempt of Court and
Contempt Citations
If an individual has
been ordered to perform a particular act or ordered
to refrain from engaging in certain conduct and fails
to comply with that court order, that individual may
be called before the Court pursuant to a contempt citation,
to explain to the court why the individual did not comply
with the order. The Court may order an individual to
comply with previously issued orders or may impose a
jail sentence for the individual's failure to comply
with Court orders.
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Decision Making
refers to which parent
will make major decisions for the children, including
decisions on educational, medical and religious upbringing.
It may also include decisions on extracurricular activities,
daycare and any other relevant issue.
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Maintenance
commonly referred to
as alimony; may be awarded on a temporary or permanent
basis in dissolution of marriage cases. Temporary maintenance
is usually calculated pursuant to a formula based simply
on the parties' incomes, which also requires temporarily
allocating payment of marital debts between the parties.
Permanent maintenance takes into consideration property
awarded to an individual, as well as that individual's
ability to work and support themselves, whether there
are young children for which to care, children with
special needs or a parent attending an educational institution,
the length of the marriage and standard of living during
the marriage, in addition to other factors.
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Modification of Child
Support
child support is always
modifiable if there is a substantial and continuing
change in circumstances that would result in greater
than a ten percent increase or decrease in the amount
of child support owed. Child support is often modified
when the parties' incomes have increased over the years,
one party's income has decreased, day care expenses
have decreased or are no longer incurred or health insurance
expenses have changed for the children.
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Parenting Time
formerly called visitation;
refers to how much time the children will spend with
each parent, depending on many factors including but
not limited to, the age of the children, life styles
of the parents, parental commitment to the children,
work schedules and physical proximity of the parents'
residences to each other.
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Restraining and Protective
Orders
can be obtained to protect
adults as well as children if there has been physical
violence, a threat of violence, emotional harm to adults
or children or conduct that may significantly impair
a child's emotional development and unless the person
is restrained such conduct would continue. Protective
orders may result in an individual being removed from
the home and may include temporary parenting time provisions.
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