DEFINITIONS

Certain terms used throughout the family law section of the Arizona Revised Statutes (A.R.S. § 25) are defined within the statutes themselves.  A great many commonly used court terms have been defined on the Clerk of the Superior Court of Maricopa County’s website at www.clerkofcourt.maricopa.gov. These definitions, along with a few additional commonly used family law terms that are neither specifically defined by the statutes nor included on the Clerk of the Superior Court of Maricopa County’s website, are set forth below in alphabetical order.  We have consolidated these terms into one list for your ease in looking up the definitions.  We do not make any guarantee as to the accuracy or currency of the definitions cited on this list.

If you are not able to find a definition here for a word or term being used in your particular matter or if you are still confused about the meaning, please do not hesitate to ask your attorney to elaborate.  Perry Law Firm will be happy to answer your questions and can be reached at 480-491-5152.

ABANDONED:  "Abandoned" means left without provision for reasonable and necessary care or supervision.  (A.R.S. § 25-1002)

ABSENT PARENT: Any individual that is absent from the home and is legally responsible for providing financial support for a dependent child.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

AFFIDAVIT: A written statement of facts signed and confirmed by the oath of the person making it. It must be signed by a notary public or other official having authority to administer oaths.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

ANNULMENT: An “Annulment” declares that the marriage was not legal and therefore never occurred.

APPELLANT: The party appealing to an appellate court from a decision of a trial court.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

APPELLATE COURT: A higher court than a trial court, usually consisting of three or more judges, having jurisdiction to hear and decide appeals from trial courts, and to reverse, affirm or modify their decisions.   (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

ARREARAGE:  "Arrearage" means the total unpaid support owed, including child support, past support, spousal maintenance and interest.  (A.R.S. § 25-500)

ATLAS: The Arizona Tracking Location Automation System is a statewide computer system for child support enforcement.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

BENCH TRIAL:  In Arizona a divorce trial is done without a jury, and heard only by a judge. After hearing the evidence and closing arguments, the judge often takes the case “under advisement” and will issue a ruling days or weeks later.

BEST INTEREST OF THE CHILDREN:  When determining the “best interests of the children,” the Court may consider the following factors:  (1) The preference of the child; (2) the preference of the parents; (3) the ability of each parent to provide a frequent and loving relationship between the child and the other parent; (4) the child's attachment to his or her home and school; (5) the physical and mental well-being of the child and the parents; (6) the relationship between the parents and child and between the child and siblings; (7) whether child abuse occurred in the past; (8) whether domestic violence occurred in the past; (9) any duress, coercion or unfair methods used to obtain a custody agreement; (10) which spouse has historically been the primary childcare provider; and (11) any criminal convictions for sex crimes, drug abuse, or alcohol abuse.  (A.R.S. § 25-403)

BUSINESS DAY:  "Business day" means a day when state offices are open for regular business.  (A.R.S. § 25-500)

CAPTION: The heading of the pleading, or other court papers showing the name of the court paper, showing the name of the court, the names of the parties, and sometimes the number of the case.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

CERTIFIED COPY: A copy of a document or record, signed and certified as a true copy by an authorized person.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

CHANGE OF VENUE: The moving of a case begun in one county, or state to another county, or state.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

CHILD:  "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.  (A.R.S. § 25-1202)

CHILD CUSTODY DETERMINATION:  "Child custody determination": (a) Means any judgment, decree or other order of a court, including a permanent, temporary, initial and modification order, for legal custody, physical custody or visitation with respect to a child.  (b) Does not include an order relating to child support or any other monetary obligation of an individual.  (A.R.S. § 25-1002)

CHILD CUSTODY PROCEEDING:  "Child custody proceeding": (a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which legal custody, physical custody or visitation with respect to a child is an issue or in which that issue may appear. (b) Does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under article 3 of this chapter.  (A.R.S. § 25-1002)

CHILD SUPPORT GUIDELINES:  "Child support guidelines" means the guidelines that are adopted by the state supreme court pursuant to 42 United States Code sections 651 through 669B.  (A.R.S. § 25-320). 

CHILD SUPPORT ORDER:  "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.  (A.R.S. § 25-1202)

CLERK: In charge of recording court proceedings and keeping the court records.   (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

COMMENCEMENT:  "Commencement" means the filing of the first pleading in a proceeding.  (A.R.S. § 25-1002)

COMMUNITY PROPERTY With few exceptions, “community property” is any property and debt acquired during the marriage. Such property may include, but is not limited to property acquired in another state or country, pensions, and stocks or investments. 

COURT ORDER:  "Court or administrative order" means a court or administrative agency ruling that requires a parent to provide support for that parent's child.  (A.R.S. § 25-531)

CUSTODY EVALUATION:  During a “custody evaluation,” a mental health expert will interview the parents, children, and any other individuals which may assist the expert on preparing his report and recommendation for the Judge.  The expert may also conduct a variety of mental health tests on the children and the parents.

DATE OF SEPERATION:  "Date of separation" means the date the married parents ceased to cohabit.  (A.R.S. § 25-320)

DECREE OF DISSOLUTION:  This is the final “Judgment” or “Order” which will formally dissolve a marriage and restore the parties to the status of unmarried persons.  This Decree will also specify any final rulings or agreements pertaining to custody, parenting time, child support, spousal maintenance, property division, debt assignment, and any other issues pertaining to a divorce. 

DEFAULT:  A "Default" may occur when a spouse fails to respond to the "Petition for Dissolution" within the required amount of time.

DEPOSITIONS:  "Depositions" are Court ordered interviews that are normally conducted with both attorneys, both parties, and a Court reporter present; depositions are a form of Discovery.

DISCOVERY:  In Arizona, both spouses must disclose all legal and factual grounds for their claims. The parties must also provide a list of any witnesses they expect to call at the time of Trial, and they must exchange any documents that will be used as exhibits.  If something is not fully disclosed, it may be precluded from being introduced at trial.

DISPOSITION: An orderly and final arrangement of pending matters.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

DISSOLUTION OF MARRIAGE:  The formal legal name for a divorce in Arizona.

DOCKET: A formal record entered in brief of the proceedings in a court of justice.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

DUTY OF SUPPORT:  "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.  (A.R.S. § 25-1202)

EXHIBIT: An article of tangible evidence introduced at a trial. Photographs, letters, and other documents are common examples. Others are murder weapons, samples of earth or chemicals, parts of automobiles or machinery or other material that is of assistance on proving a relevant fact.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

FILED: The act of delivering a document to the Clerk for processing and placement in the hard copy file.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

HEALTH INSURANCE COVERAGE:  "Health insurance coverage" means fee for service, health maintenance organization, preferred provider organization and other types of coverage under which medical services could be provided to the dependent children of a noncustodial parent.  (A.R.S. § 25-1002)

HOME STATE:  "Home state" means: (a) The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state. (b) If a child is less than six months of age, the state in which the child lived from birth with a parent or person acting as a parent, including any period during which that person is temporarily absent from that state.  (A.R.S. § 25-1002) 

IV-D CASES: Cases in which a party has requested service of the Department of Economic Security, or has been automatically referred to DES, to collect child support.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

IN LOCO PARENTIS:  "In loco parentis" means a person who has been treated as a parent by the child and who has formed a meaningful parental relationship with the child for a substantial period of time.  (A.R.S. § 25-415)

INCOME:  "Income" means any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.  (A.R.S. § 25-500)

INCOME WITHHOLDING ORDER:  "Income withholding order" means an order or other legal process directed to an obligor's employer or other debtor to withhold support from the income of the obligor.  (A.R.S. § 25-1202)

INTERROGATORIES:  "Interrogatories" are written questions that each party must answer in writing; interrogatories are a form of Discovery.

JOINT CUSTODY:  "Joint custody" means joint legal custody or joint physical custody, or both.  (A.R.S. § 25-402)

JOINT LEGAL CUSTODY:  "Joint legal custody" means the condition under which both parents share legal custody and neither parent's rights are superior, except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.  (A.R.S. § 25-402)

JOINT PHYSICAL CUSTODY:  "Joint physical custody" means the condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents.  (A.R.S. § 25-402)

JUDGMENT: A decision by a court which establishes the rights of the parties in an action or proceeding.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

JURISDICTION:  For Arizona to have jurisdiction in a dissolution case, one of the parties must have lived in Arizona for a minimum of ninety (90) days before filing for the divorce.  When children are involved, the children must be residents of Arizona for six (6) month before Arizona will have jurisdiction over the matter.

LEGAL PARENT:  "Legal parent" means a biological or adoptive parent whose parental rights have not been terminated.  (A.R.S. § 25-415)

MINOR CHILDREN: Children who are under the age of 18.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

MINUTE ENTRY: An official record of what takes place in court made available to the parties.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

MODIFICATION:  "Modification" means a legal determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the legal issue, whether or not it is made by the court that made the previous determination.

MOTION: A formal written request to the Court asking that a specific action be taken.   (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

OBLIGEE:  "Obligee" means a person or agency entitled to receive support.  (A.R.S. § 25-500)

OBLIGOR:  "Obligor" means a person obligated to pay support.  (A.R.S. § 25-500)

ORDER OF ASSIGNMENT (Wage Assignment): An order from the court directing that deductions be taken from wages or other income to pay current or past-due child support or spousal maintenance.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

PARENTING TIME:  "Parenting time" means the condition under which a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care consistent with the major decisions made by a person having legal custody.  (A.R.S. § 25-402)

PARTY: Person or governmental agency named in a case.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

PERSON ACTING AS A PARENT:  "Person acting as a parent" means a person, other than a parent, who meets both of the following requirements: (a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding. (b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.  (A.R.S. § 25-1002)

PETITION: A request to the court to take action.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

PETITIONER:  "Petitioner" means a person who initiates a legal action with the Court.

PHYSICAL CUSTODY:  "Physical custody" means the physical care and supervision of a child.  (A.R.S. § 25-1002)

Premarital Agreement:  "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.  (A.R.S. § 25-201)

PRO PER (Pro Se): A person who does not hire a lawyer and appears for himself/herself in court.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

PROPERTY:  "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.  (A.R.S. § 25-201)

REQUEST FOR PRODUCTION OF DOCUMENTS:  A "Request for Production of Documents" is a specific request that the opposing party produce certain documents that the requesting party believes will be beneficial to his or her case; requests for production of documents are a form of Discovery.

RESPONDENT:  "Respondent" means a person against whom a legal proceeding has been commenced.

SIMPLIFIED MODIFICATION: A procedure in which a person paying or receiving child support attempts to show a change in circumstances.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

Sole Custody:  "Sole custody" means the condition under which one person has legal custody.  (A.R.S. § 25-402)

SPOUSAL SUPPORT ORDER:  "Spousal support order" means a support order for a spouse or former spouse of the obligor.  (A.R.S. § 25-1202)

STATE IV-D AGENCY:  "State IV-D agency" means the department or any other agency that is authorized to administer services of the child support enforcement program pursuant to the requirements of title IV-D of the social security act.  (A.R.S. § 25-531)

STIPULATION: A written agreement signed by both parties or counsel.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

SUBSEQUENT EMPLOYER: Refers to any employer other than the first employer of an Obligor upon whom an Order of Assignment (Wage Assignment) has been served. A subsequent employer must honor the order of assignment as the first employer did.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

SUPPORT:  "Support" means the provision of maintenance or subsistence and includes medical insurance coverage and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a title IV-D case, support includes spousal maintenance that is included in the same order that directs child support.  (A.R.S. § 25-500)

SUPPORT ENFORCEMENT AGENCY:  "Support enforcement agency" means a public official or agency authorized to seek: (a) The enforcement of support orders or laws relating to the duty of support. (b) The establishment or modification of child support. (c) The determination of parentage. (d) The location of obligors or their assets. (e) A determination of the controlling child support order.  (A.R.S. § 25-1202)

SUPPORT ORDER:  "Support order" means a judgment, decree, order or directive, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages or reimbursement and that may include related costs and fees, interest, income withholding, attorney fees and other relief.  (A.R.S. § 25-1202)

SUPPORT PAYMENT CLEARINGHOUSE:  "Support payment clearinghouse" means the clearinghouse established pursuant to section 46-441.  (A.R.S. § 25-500)

SUPPORT PAYMENTS:  "Support payments" means the amount of money ordered by the court to be paid for the support of the minor child or children (A.R.S. § 25-320), or for the support of a former spouse.

VISITATION (Parenting Time): The amount of time established by the court that the child(ren) spend with the non-custodial parent or grandparent.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)

VISITATION SERVICES: A unit of the Family Support Center's Expedited Services program that helps the court in enforcing custody/visitation orders when parental cooperation is lacking.  (Clerk of the Superior Court, Glossary of Court Terms, http://clerkofcourt.maricopa.gov/glossary.asp)