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Referee
A person to whom a judge refers a case to take testimony and to file a report with the court.
Support Magistrate
A person who is statutorily empowered to hear and determine support cases.
Hearing examiner
Former term for support magistrate
Objection
Document by which a party to a support case decided by a support magistrate requests that a judge review the support magistrate’s order.
Equitable distribution
New York system by which marital property and income must be divided fairly but not necessarily equally upon dissolution of marriage.
Maintenance
Support for a spouse or former spouse.
Alimony
Term in use before the equitable distribution law for support of spouse or former spouse.
“Opt out”
Waiver of the provisions of the equitable distribution law or the Child Support Standard Act by agreement such as in an antenuptial or separation agreement.
Egregious fault
Odious offensive conduct more repugnant than that which would merely provide ground for court relief.
Imputed income
A value or monetary worth assigned for income tax or child support purposes to certain gifts or non-monetary benefits of the obligor.
Combined parental income
Under the Child Support Standards Act -the income of both parents- minus statutorily allowed deductions added together
Prorata share
Each person’s percentage of the child support obligation
Self-support reserve
Retroactive support
Support ordered to be paid from an earlier point in the support proceeding- usually the date of the filling of the support petition
Arrears
Income deduction order
An order that support payment be taken directly out of the obigor’s paycheck or benefits check and paid to the dependent or to a Support Collection Unit.
Payroll Deduction Order
An income deduction order specifically pertaining to deductions from the support obligor’s paycheck.
Support Collection Units
Offices operated by the Department of Social Services for the collection/disbursement/ and accounting of support payments.
Retroactive arrears
Unallocated award
child support and maintenance added together without specification of how much of the payment is for child support and how much for maintenance.
Downward modification
In support law-a reduction of the support obligation.
Upward modification
Increase in support payments.
De novo hearing
A hearing that starts from scratch to adjudicate the issues of the case- unlike a modification or enforcement hearing which builds upon the original order.
Default
The failure to fulfill a legal obligation established by contract or court order.
Willful default
Deliberate failure to perform a legal obligation.
Money judgment
A court order specifying an amount owed and permitting the creditor to collect the money using various legal remedies.
Seizure
To take possession of property through confiscation or impoundment.
Retraining notice
Affirmation
A statement of fact made under the penalties of perjury without being sworn to before a person authorized to administer an oath.
Income execution
A legal document requiring that a debt such as child support be deducted directly from the debtor’s income.
Undertaking
Money deposited as security against possible future default in support payment.
Sequestration
Attachment of property or funds pending the outcome of a litigation.
Obligee
In support cases the person who is legally obligated to pay.
Initiating tribunal
The court or administrative agency where the support case is filed.
Responding tribunal
The court of administrative agency to which the respondent must go to answer the petition.
Obligor
In support cases the person to who support is owed.
Continuing exclusive jurisdiction
A provision that all future modification or enforcement proceedings must be heard in the court or state where the original order was made.
Foreign support order
An order of support obtained in another state or country.
