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alimony/maintenance Payments made by one spouse to the other to assist with the support of the recipient spouse. Payments will usually terminate upon the earlier of the death of either spouse, the remarriage of the recipient spouse, or a date decided by a judge or agreed upon by the husband and wife. Payments received are usually taxable to the recipient spouse and tax deductible by the paying spouse. |
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appeal A presentation, usually in writing but sometimes supplemented by lawyers' oral argument in court, to a court a level above the court that has decided an issue. The purpose of the appeal is to have the higher court reverse or in some way modify what the lower court did. |
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appellant The person who brings the appeal. |
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billing rate The rate at which an attorney bills a client for work performed. Many attorneys bill on a hourly basis, charging a certain amount of money per hour. Some attorneys bill per project, regardless of how much or little time it takes to do the work. |
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brief A written presentation of a party's position. Lawyers most often submit briefs to argue appeals. Lawyers also submit briefs to support points of law made at the trial court level. |
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child support A sum of money to be paid by one parent to the other to assist with the support of the couple's children. Child support is sometimes paid directly to a third party, such as a private school or a health care provider, rather than to a parent. In some jurisdictions, child support is paid to a state support collection unit, which in turn pays it to the recipient spouse. Child support usually terminates upon a child's emancipation. |
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cohabitation The act of living with someone. In some states, cohabitation may be grounds for the termination of support. In addition, some husbands and wives may agree when settling their case that cohabitation for a period of time (such as six months on a substantially continuous basis) will cause support to be terminated. However, cohabitation is usually difficult to prove. |
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community property state A state where all property acquired during the marriage is presumed to belong equally to both parties. |
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constructive abandonment The refusal of one spouse to engage in sexual relations with the other. In some states, this may constitute grounds for divorce. |
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contempt The act of willfully violating a court order. Nonpayment of support when a spouse has the means to pay such support frequently gives rise to contempt adjudications in divorce cases. |
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cross-examination The act of being questioned by the attorney representing the person on whose behalf the witness is not testifying. |
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