A-

 

Affiant – The person who makes and swears to an affidavit.

 

Affidavit – A written statement confirmed by oath or affirmation for use as evidence in court.

 

Affidavit of Financial Disclosure – A form completed by every litigant which lists their sources of income, amount of earnings, and expenses, and ultimately reflects each parties’ financial circumstances. Also used as a reference when calculating each party’s obligation to support the child(ren). This form is mandatory and must be submitted in all new cases.

 

Answer – The defendant’s response to a Complaint. The Answer contains the defendant’s version of the events leading to the lawsuit and may be based on the contents of the Complaint. The filing of the Answer is one option that the defendant has in deciding how to respond to the complaint.

 

Arrearage – Amount of overdue and unpaid child or spousal support owing in an account.

 

Arrearage Payment – An amount ordered in addition to the current support obligation, which is used to pay off any outstanding arrearage owed in an

account. (Standard amount ordered is 20% of the current obligation, however, the court can order more or less than 20%.)

 

-C-

 

Child Support Computation Worksheet – A form used to calculate a child support obligation based on the parties’ incomes and certain expenses. This form also provides the percentages used to determine the amount each party will pay for uninsured health care expenses. There are different variations of the Worksheet. The most common are the Sole Residential Parent or Shared Parenting Order. These are used when either one of the parties has exclusive custody of the child(ren), or when the parties have entered into a Shared Parenting Plan. Another less common variation is the Split Parental Rights and Responsibilities form which is used when the parties divide custody of multiple children (i.e. Mom has custody of daughter, and Dad has custody of son).

 

Child Support Enforcement Agency – CSEA. This agency keeps a running account of funds received vs. monies owed in an individual account. The CSEA is the main contact for the parties in a case regarding investigation and enforcement of child/spousal support orders, health care, and other related issues, including juvenile court cases and prosecutor referrals. Parties in a case may provide documentation to the CSEA, who in turn investigates the matter, and if necessary, forwards it to the court to issue an Order. The CSEA can handle some administrative actions within their office such as recommending modifications in child support or asking that the Obligor pay an additional amount on an accumulated arrearage. These too are referred to the Court to adopt as an official court Order. The CSEA also has the capability to issue Notice to Income Providers based on an Obligor changing employers.

Civil Protection Order– CPO. A CPO is a court Order which grants protection to victims of domestic violence. CPO’s are issued by domestic relations courts to protect victims of domestic violence, and are intended to prevent further violence. It orders someone who has been abusive to do, or not do, certain things in the future. A CPO can be enforced for up to five years.

 

Complaint – The petition that signifies the initiation of a cause of action in Juvenile Court proceedings. The Complaint, together with the Summons, is required to be served on the defendant.

 

Contested Hearing – Synonymous with trial. A formal examination of evidence before the court. The evidence may consist of witness testimony, relevant documentation and testimony by the parties. The information is used to determine the outcome of the case.

Court Appointed Special Advocate – CASA. A trained volunteer appointed by the Court in neglect and abuse cases to bring the voice of the child(ren) in court. The CASA conducts an independent investigation and reports what is in the best interest of the minor child(ren)

 

Counterclaim – There are two sides to every argument: (1) the claim and (2) the counterclaim. A counterclaim is a claim brought by the defendant against the plaintiff in a legal action.

 

-D-

 

Defendant – The person defending or denying a criminal complaint or juvenile traffic complaint; or the party against whom relief or recovery is sought in an action or suit.

 

Deposition – The process of giving sworn testimony outside of the courtroom. A deposition is used to gather information as part of the discovery process, and in limited circumstances, can be used at trial. The witness being deposed is called the deponent.

Discovery – A pre-trial procedure in a case in which a party may obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions, and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.

 

Domestic Relations Court – DRC. This court is separate from Juvenile Court. DR has jurisdiction over cases involving persons married to each other and their children. Other cases the DR Court has jurisdiction over include CPO between adults.

Domestic Violence – DV. Domestic Violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner or family member against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse. The frequency and severity of domestic violence can vary dramatically.

 

-E-

 

Ex Parte – (ex par-tay) adj. Latin meaning "for one party." A decision by the judge or magistrate that is decided without requiring all of the parties to the case to be

present. This is an exception to the basic rule of court procedure that both parties must be present at any argument before the court. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request.

-F-

 

Family and Children First – FACF. Assists service providers, community groups, and residents to effectively address the health, human, and social service needs of Greene County residents. In addition, the department provides services for the county, including several Greene County Courts, including conducting home studies.

 

 

Family Visitation Center – Offers supervised visitation and supervised exchange services for parents in conflict who share minor children. The Center provides a neutral, safe, comfortable, and structured environment for visitation and exchanges.

 

Futures – An overpayment in a support account reflected in the records of the CSEA.

 

-G-

 

Guardian ad Litem – GAL. An Attorney the court appoints to investigate what solutions are in the “best interest of the child(ren).” GAL’s then file a report and make a recommendation to the court in how to proceed regarding custody and parental rights.

 

-H-

 

Holds – When an account is paid in full or is becoming close to being paid in full, the CSEA has the ability to place a hold on an account, so that the account does not become overpaid.

 

Home study – Conducted by Family And Children First in order to make a recommendation to the judge on what is in the best interest of the child(ren) involved. These studies include, but are not limited to: touring the homes or premises where the child(ren) may visit or be placed; assessing safety issues, housing, sleeping area, food and running water; interviewing; obtaining detailed social histories; investigating the family’s dispute from each person’s point of view; observing interactions between each parent/guardian and the child(ren); and conducting at least one separate visit with each involved child. Visits to each child’s school are conducted to obtain records and interview teachers, counselors, principals and other school personnel to determine the child’s adjustment, special needs, parental involvement, and other issues that will assist in the custody recommendation. Once the investigations and studies are completed, a comprehensive report with placement and visitation recommendations is submitted to the judge or magistrate.

-I-

 

Interrogatories – A set or series of written questions drawn up for the purpose of being answered by a party, witness, or other person with information in a case.

Interrogatories are a discovery tool.

 

-J-

 

Juvenile Court – JC. This court is separate from domestic relations. JC has jurisdiction over cases that establish paternity and support for children born out of wedlock, as well as custody and parenting time for these children. Other cases the JC has jurisdiction over include abuse, dependency, neglect, juvenile traffic offenses, parental education neglect, contributing, unruly, and delinquent.

 

Juvenile Court Civil Protection Order-JCPO. A Juvenile Court order that grants protection from a person under the age of eighteen (18) who is alleged to have committed felonious assault, aggravated assault, assault, aggravated menacing, menacing by stalking, menacing, aggravated trespass, or committed a sexually oriented offense, or engaged in a violation of any municipal ordinance that is substantially equivalent to any of those offenses against the person to be protected by the protection order, including a description of the nature and extent of the violation.

 

-L-

 

Local Rules – A listing of legal requirements and local regulations which must be obeyed when litigating a case in the Greene County Juvenile Court. The Local Rules are available on the Greene County Juvenile Court website.

 

-M-

 

Magistrate – An attorney who has been appointed by the Court to take evidence and decide cases. A magistrate acts as the judge in the cases to which they are assigned, which allows the Court to dispose of cases more quickly. If your case is assigned to a magistrate, he or she will hear the evidence and make written findings in a Magistrate’s Decision. The Judge reviews Magistrate’s Decisions before signing them and making them final and appealable Orders.

Motion – A formal request made to a judge or magistrate for an order or judgment. Most motions require a written petition, a written brief of legal reasons for granting the motion, written notice to the opposing party or the attorney for the opposing party if they are represented, and a hearing before a judge or magistrate. During a trial or hearing, an oral motion may be permitted.

 

Movant – The person who makes a Motion.

-O-

 

Obligee – The party receiving child. (Abbreviation –EE)

 

Obligor – The party paying child. (Abbreviation –OR)

 

Ohio Child Support Guidelines – Also known as the Child Support Schedule – A table of possible child support obligations broken down into columns based on the total combined income of the parents involved in the divorce action along with the number of children involved.

 

Our Family Wizard – OFW. A web service that offers parents an array of online tools to easily schedule child custody and track parenting time, share important family information, manage expenses as well as create an accurate, clear log of communication. OFW is intended to reduce conflict between co-parents by providing a central, secure location to document and share important information about the family.

-P-

 

Parenting Judgment Entry – The Entry adopting the parties’ Parenting Plan or Shared Parenting Plan whereby making it an official order of the Court.

Parenting Plan – A document in which parties list their agreements regarding custody, support, decision-making authority, etc., of their minor children. Parenting Plans are appropriate in situations where the children will reside primarily with one parent and will spend time with their other parent according to a specific parenting schedule. The primary parent is designated the residential parent and legal custodian. The Plan is adopted by the Parenting Judgment Entry. See also Shared Parenting Plan.

 

Petitioner – The person that files a CPO, Complaint, or Motion.

Plaintiff – The person bringing a claim or making allegations; the party seeking relief or recovery in an action or suit.

 

Praecipe – A document requesting a writ or other legal document. Often used to subpoena documents or persons.

 

Pro Se – For himself; in his own behalf; in person. A pro se party is a party who does not retain a lawyer and represents his or herself in court.

-R-

Respondent – The person against whom a CPO, Complaint, or Motion is filed.

 

-S-

Shared Parenting Plan – A document in which parties list their agreements regarding custody, support, decision-making authority, etc., of their minor child(ren). Shared Parenting Plans are appropriate for parties who plan to exercise equal parenting time with their child(ren). The Plan is adopted by the Parenting Judgment Entry. See also Parenting Plan.

 

Standard Order Parenting Time – The parenting time schedule the Greene County Juvenile Court has established to promote relationships with both parents.

 

Subpoena – A command to appear at a certain time and place to give testimony upon a certain matter. A subpoena duces tecum is a command to produce documents.

Supervised Exchange – Supervision of the transfer of the child from one parent to the other. Supervision is limited to the exchange or transfer only with the remainder of the parent/child contact remaining unsupervised. Most frequently precautions are taken to assure that the two parents or other individuals exchanging the child do not come into contact with one another.

 

Supervised Visitation -- Contact between a non-custodial parent and their child(ren) in the presence of a third person responsible for observing and seeking to ensure the safety of those involved.

 

Support Enforcement Tracking System – SETS. A statewide computer system that follows the State of Ohio’s child support statutes. Ohio counties can communicate with each other through SETS and share information.

 

-T-

 

Transcript – A word for word account of the testimony taken.