Glossary
Pennsylvania Family Law Glossary
Plain-Language Definitions for Clients
Navigating the legal process can feel overwhelming, especially when you're hearing unfamiliar terms for the first time. We've put together this glossary of common terms to help you feel more informed and confident as your case moves forward.
Whether you're going through a divorce, custody matter, or any other family law proceeding, understanding the language used by attorneys and the court can make a real difference. Our goal is to keep you informed every step of the way — because information empowers.
Please note that this glossary is intended as a general reference for clients and is not legal advice. The law and local court procedures vary by county in the state of Pennsylvania and do change over time, so specific questions should be discussed with your attorney.
Two practical notes as you read: (1) Where a proceeding has a clear expectation about whether clients should attend, that is flagged in the entry—some hearings require your attendance, some are attorneys-only, and some specifically exclude the parties (such as a judge’s in-chambers interview of a child). (2) Pennsylvania courts have moved away from the title “Master” in favor of “Hearing Officer.” Older orders, websites, and courthouse signage may still use “Master.” Both terms refer to the same role.
Under Pennsylvania's Protection from Abuse (PFA) Act, this includes causing or attempting bodily injury, putting someone in reasonable fear of serious harm, sexual assault, false imprisonment, stalking, or physically/sexually abusing a child. The conduct must be by a family member, household member, or current/former intimate partner.
A written statement that you sign under oath, swearing the contents are true. Lying in an Affidavit is perjury.
In a Pennsylvania mutual-consent (no-fault) divorce, both spouses must sign these Affidavits stating that the marriage is irretrievably broken and they consent to the divorce. Affidavits of Consent cannot be filed with the court and are typically not executed until at least 90 days have passed since the Divorce Complaint was served.
In a divorce matter where a Defendant fails to enter their appearance of respond to the divorce complaint, the represented party must sign an Affidavit stating the unrepresented is not on active military duty.
A written contract between spouses (or parents) resolving issues without further litigation. Once signed and, where appropriate, made part of a Court Order, a Settlement Agreement is enforceable like any other Court Order.
Ongoing financial support paid by one ex-spouse to the other after a divorce is final. Pennsylvania does not use a set formula for Alimony; to calculate Alimony, a judge weighs 17 statutory factors (such as length of marriage, earnings, health, contributions, marital misconduct, etc.). Receiving alimony is not automatic.
Latin for "alimony pending the litigation," it is temporary Support paid by the higher-earning spouse to the lower-earning spouse during a divorce so the lower-earning spouse can meet expenses and pay legal fees. APL is based on a calculation provided for within the PA Rules.
- An annulment is a declaration recognizing that the marriage was never valid because of a flaw at the time of its formation. Annulments may be granted in a few situations, including: 1) when one party is unable to give consent; 2) duress; or 3) fraud. While annulments treat the marriage as though it never existed, a divorce recognizes that there was a previous marriage. One potential benefit to having a marriage annulled rather than being divorced is that when parties obtain an annulment, there is no division of property.
The formal written response to a Complaint, Petition, or Motion admitting or denying each allegation in the initial filing. Some Answers may include a Counterclaim against the other party.
Asking a higher court to review (and possibly reverse) a lower court's decision. In Pennsylvania, appeals from Final Family Law Orders generally must be filed within 30 days. Deadlines to do so are strict.
Past-due, unpaid support. Arrears continue to accrue interest in Pennsylvania and can be collected through wage garnishment, tax refund interception, license suspension, and other enforcement tools.
The legal standard Pennsylvania courts use to decide custody. Pennsylvania law (23 Pa.C.S. § 5328) lists specific factors a judge must consider. Some of these factors include which parent is more likely to encourage a relationship with the other, the child's needs and preference (if mature enough), sibling relationships, parental duties performed, and history of abuse.
Splitting the divorce into two parts: granting the Divorce Decree first, while the financial issues (property division, alimony) are decided afterward. Pennsylvania courts grant bifurcation only in compelling circumstances—it is not routine.
A written document submitted to a court that lays out a party's legal arguments, supported by case law and references to the record.
A scheduling meeting (often with the judge or court administrator) where deadlines are set for discovery, expert reports, settlement efforts, and trial. These Conferences are generally an attorney-only proceeding; clients are not typically required to attend, though they are not forbidden from doing so. Your attorney will tell you whether your appearance is needed.
A signed statement that service of a filing has been made to the opposing party per due process of local court rules.
- Child custody includes both legal custody and physical custody. Child custody is the relationship between legal guardians and their child(ren).
When the judge or conference officer meets privately with a child (sometimes with attorneys present) to hear the child’s preferences and observations. These interviews are generally held for older children whose preferences carry weight with the court. Parents are not present and are not permitted to attend; this is intentional, so the child can speak freely.
Pennsylvania's mathematical formula for calculating support, set out in the Pennsylvania Rules of Civil Procedure. It produces a presumptive amount based on the parents' combined monthly net income and the number of children, with adjustments for custody time, health insurance, and childcare.
The tools used to collect unpaid support, including automatic wage attachment, intercepting tax refunds, suspending driver's and professional licenses, denying passports, reporting to credit bureaus, and contempt actions that can include jail time.
The form showing how the support amount was calculated under the guidelines—income inputs, deductions, custody adjustments, and the resulting obligation.
- A collaborative divorce occurs when both parties work together to reach a settlement agreement. Collaborative divorces transform the adversarial nature of divorce into a team effort. Parties to a collaborative divorce utilize mediation and negotiations in order to settle their divorce out of court.
Living together as a couple without being married. Important in alimony cases: under Pennsylvania law, an ex-spouse who is receiving alimony and then cohabits with a romantic partner generally loses the right to alimony.
An attachment to a document to protect the filing due to inclusion of child(ren)’s name(s), financial account numbers, social security numbers, etc.
An attachment to financial documents such as bank statements, retirement statements, etc. that are filed with the court to prevent viewing from non-parties.
A divorce in which the spouses disagree on one or more issues (grounds, property division, alimony, custody, support) and the court is asked to resolve them.
A responsive filing in which the defendant raises their own claims against the plaintiff (for example, the plaintiff filed for custody and the defendant counter-petitions for primary custody).
Willfully disobeying a court order. Penalties can include fines, payment of the other side's attorney fees, and—in serious cases—jail. The person bringing the contempt petition must show the order was clear, the violation was willful, and they were prejudiced.
The parent with whom the child primarily lives.
The legal authority to make decisions for a child and the right to physically have the child. In Pennsylvania, custody is divided into legal custody (decision-making) and physical custody (the schedule of where the child lives).
Regular payments from one parent to the other to help cover the child's needs. In Pennsylvania, the amount of support is calculated using statewide Support Guidelines, which are based primarily on both parents' net incomes, the number of children, and custody time.
An ongoing cooperative parenting relationship after separation in which both parents communicate and stay actively involved in raising the child.
The filing that begins the proceeding, whether Support, Custody, or Divorce, and must be served by original process.
A request to postpone a scheduled hearing or deadline. The court decides whether good cause exists.
A sworn response disputing a prior affidavit. In Pennsylvania, used in a contested no-fault divorce when the non-filing spouse opposes proceeding on grounds of irretrievable breakdown.
A directive from a judge that the parties are legally required to follow. Disobeying an order can be contempt.
A required attachment to custody filings which details relevant criminal history, abuse records, and involvement with child protective services for each party and every adult residing with either party.
An informal meeting—often with a custody hearing officer (formerly “master”) or conciliator—aimed at settling custody before trial. Parties are required to attend along with their attorneys. If the parties reach an agreement, it is put on the record or in a written order. If not, the case is scheduled for further hearings.
A comprehensive assessment by a qualified mental health professional, usually a psychologist, of the family’s situation. Typically involves interviews with each parent and child, home visits, psychological testing, and review of records. Both parents are required to participate, and the child is interviewed and observed. The extent varies dependent on the case. When completed, the evaluator submits a written report with recommendations.
The written report from a custody evaluator, including findings and recommendations on legal and physical custody. Influential but not binding on the judge.
A request to change an existing custody order. The moving party generally must that the change serves the child's best interests.
The court's written ruling setting out legal custody, physical custody schedule, holidays, transportation, and any other custody terms.
The full evidentiary hearing in which the judge decides contested custody. Witnesses testify under oath, exhibits are admitted, and lawyers present arguments. Parties must attend.
A written legal document that describes a piece of property and outlines its boundaries.
A ruling against a party who fails to respond or appear after being properly served.
Earnings paid out at a future date—bonuses, restricted stock, stock options, deferred bonus plans, retirement. Often a marital asset subject to division if earned during the marriage.
A traditional pension that promises a specified monthly payout at retirement based on a formula (years of service, final salary). Typically divided in divorce by a Qualified Domestic Relations Order (QDRO).
A retirement account funded by contributions (employee and/or employer) where the final value depends on investment performance—401(k), 403(b), TSP, IRA. Divided by QDRO (for employer plans) or by transfer incident to divorce (for IRAs).
Pre-trial sworn testimony of a witness, taken outside the courtroom (usually in a lawyer’s office) and recorded by a court reporter. Used to gather information and lock in testimony for trial. The witness being deposed must attend. The opposing party generally has the right to attend their spouse’s deposition as well, though they do not testify or speak unless asked. Both attorneys are present along with the court reporter.
The formal exchange of information. Tools include interrogatories (written questions), requests for production (documents), depositions (oral testimony), and subpoenas to third parties.
A conference to resolve disputes about discovery or set discovery deadlines. Attorneys-only in most cases; clients are not generally required to attend.
Wasting, hiding, or transferring marital assets, often after the marriage is in trouble (gambling losses, lavish gifts to a paramour, transfers to family members). A Pennsylvania court can credit the dissipated value back to the wronged spouse in equitable distribution.
When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim.
When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim.
The legal ending of a valid marriage.
The final court order that legally ends the marriage. Until the decree is entered, the parties are still married—even if they have been separated for years.
An attorney appointed by the court—in counties that use them—to hear divorce financial issues (equitable distribution and alimony) and submit a recommended order to the judge. Pennsylvania courts have largely replaced the title “master” with “hearing officer,” but you may still see and hear the older term in older orders, websites, and courtroom usage. They are the same role.
The county-level court office that handles support intake, conferences, and enforcement. Also, may be referred to as Domestic Relations Office (DRO).
What a person could reasonably earn given their age, education, training, work experience, and the local job market—even if they are currently earning less. Used in support cases when a party is voluntarily unemployed or underemployed.
An expedited request for an immediate custody order when there is a credible risk of serious harm to the child. Heard quickly, sometimes with very limited notice. A full hearing follows shortly thereafter.
Pennsylvania's system for dividing marital property and debt in divorce. "Equitable" means fair, not necessarily 50/50. The court weighs 11 statutory factors (length of marriage, age and health of parties, income, contributions to the marriage including homemaking, separate property, custody of children, etc.).
The evidentiary hearing where the marital estate is identified, valued, and divided. Witnesses, financial records, and expert valuations are presented. Both parties are required to attend and typically testify.
- An ex parte order is an order entered when one party to the case was not present. For example, divorces can be granted ex parte, meaning with only one spouse present. Alimony and equitable distribution orders cannot be ex parte.
A witness qualified by education, training, or experience to give opinion testimony in their specialty (unlike fact witnesses, who can only testify to what they observed).
A divorce based on misconduct—adultery, desertion for one year, cruel and barbarous treatment, bigamy, imprisonment for at least two years, or indignities. Available in Pennsylvania but rarely used; almost all Pennsylvania divorces today are no-fault.
A person—usually an attorney—appointed by the court to represent the child's best interests in a custody or dependency case. Different from a child's attorney, who advocates for what the child wants. A GAL can investigate, interview, and make recommendations to the court.
A court-ordered deduction from a person's paycheck to satisfy a debt or support obligation. In Pennsylvania, almost all support orders are paid by automatic wage attachment through the State Collection and Disbursement Unit (PA SCDU).
Any formal proceeding before a judge or hearing officer (formerly “master”) where evidence or argument is presented.
An injunction is a court order requiring a party stop doing something. For example, in a custody case an injunction may forbid the parents from speaking to each other about anything other than their child.
Written questions sent by one party to the other in discovery. The receiving party must answer in writing under oath, usually within 30 days.
The right to make major decisions about a child's life—education, health care, religious upbringing. Often shared by both parents ("joint legal custody"), even when one parent has primary physical custody.
An older or out-of-state term for spousal support. In Pennsylvania, three different terms are used depending on timing: spousal support (after separation, before divorce is filed), Alimony Pendente Lite (during the divorce), and alimony (after the divorce is final).
Often the first step to the custody process. The mediation typically occurs via phone call or video chat. Mediation requires attendance by both parties independently, without attorneys present. Certification is provided to the court if parties attended. If an agreement is made the mediator may help draft an order to submit to the court. If no agreement is made the case proceedings to a custody conciliation/conference.
- A morality clause, also known as a morals clause, is a provision in a contract or other document that prohibits certain behavior. For example, a morality clause can prohibit a party’s drug use. A morality clause could also prohibit the parents from allowing anyone with whom they are romantically involved to spend the night while the divorce is pending.
A motion to modify is a request that the court change an existing judgment or order. For example, a party may file to modify the child custody or child support order.
A divorce based on irretrievable breakdown of the marriage rather than misconduct. Pennsylvania has two paths: (1) mutual consent—both spouses sign affidavits of consent after a 90-day waiting period; or (2) unilateral—one spouse alleges the marriage is broken and the parties have lived separate and apart for at least one year.
Formal written notice of when, where, and on what issues a hearing will occur.
An order is a legal document set forth by the court which directs the parties involved to act or refrain from acting. In family law, examples include equitable distribution orders and child support orders.
A written document detailing the custody schedule, holidays, school breaks, vacations, decision-making, transportation, communication, and other parenting arrangements.
A formal written request to the court—either to start a case (e.g., petition for custody) or to seek specific relief in an ongoing case (e.g., petition for contempt).
- The petitioner is the party who files the petition or complaint, as opposed to the respondent. Petitioners are also called plaintiffs or movants.
When the child lives with one parent the majority of the time, with the other parent having partial physical custody.
A contract entered prior to marriage that establishes the property and financial rights of each spouse in the event of divorce.
Latin for "for oneself." Representing yourself without an attorney.
A person legally authorized to deliver legal papers.
A civil restraining order under Pennsylvania's Protection from Abuse Act for victims of domestic abuse by a family or household member or intimate partner. Can include no-contact, eviction from the home, temporary custody, financial relief, and required relinquishment of firearms.
A specialized court order required to divide most employer-sponsored retirement plans (pensions, 401(k)s, 403(b)s) in divorce without triggering taxes and penalties. The QDRO (sometimes referred to as a Quadro) is sent to the plan administrator, who then divides the account or sets up the alternate payee's share. IRAs do not need a QDRO—they are divided by transfer incident to divorce.
Charge made by an accused person against the accuser. In some jurisdictions, a defendant may recriminate, in order to rely on the plaintiff’s misconduct as the defendant’s grounds for divorce.
A specialized court order required to divide most employer-sponsored retirement plans (pensions, 401(k)s, 403(b)s) in divorce without triggering taxes and penalties. The QDRO (sometimes referred to as a Quadro) is sent to the plan administrator, who then divides the account or sets up the alternate payee's share. IRAs do not need a QDRO—they are divided by transfer incident to divorce.
Pennsylvania requires at least one spouse to have been a bona fide resident of Pennsylvania for at least six months before filing for divorce.
The party against whom a petition or motion is filed (similar to a defendant).
A provision in custody orders requiring the parent who has the child to offer the other parent the chance to take custody before using third-party childcare for a set period (commonly any time the parent will be away for more than four hours, or for overnights).
A written notification to the Respondent that an action has been filed against him or her.
A document delivered to a person who is not directly involved in the action filed but is needed for testimony.
Order of the court that only applies while the divorce is pending. They are generally terminated when the divorce is finalized.
A formal court hearing to decide the disputed issues filed in the complaint or summons.
The right of a parent who does not have physical custody to see his or her child.
A court order authorizing the seizure of an asset of a non-custodial parent who owes past-due child support. The order usually authorizes the seizure of assets up to the total amount of past-due child support owed under the judgment. It also is known as a levy.
A court order granting one spouse the sole right to live in the marital home during a pending divorce, excluding the other spouse. It is a temporary, non-final decision, often requested when cohabitation is intolerable, for safety reasons, or to provide stability for minor children.
An order issued without prior notice to the other side, generally only in emergencies such as a temporary PFA. A prompt follow-up hearing with both sides present is required.
A written report by a qualified expert—business valuator, custody evaluator, vocational expert, forensic accountant, appraiser—setting out their analysis and conclusions.
Formally submitting a document to the court.
The required cost to file documents with the court. Cost varies by filing and county.
An order that resolves the issues before the court so that, absent a successful appeal or later modification, no further proceedings are needed on those issues.
The full evidentiary hearing—held within roughly 10 business days of a temporary PFA in Pennsylvania—where the judge decides whether to enter a final PFA. Both parties must attend: if the plaintiff fails to appear, the petition is typically dismissed; if the defendant fails to appear after proper service, the court can enter a final PFA against them by default. A final PFA can last up to three years and may include no-contact, eviction, custody, and firearms relinquishment provisions.
The required exchange of income, asset, debt, and expense information between parties.
Specialized accounting analysis used to value businesses, trace funds, identify hidden income or assets, reconstruct missing records, and analyze tax returns in litigation.
A negotiation meeting attended by both spouses and both attorneys—the four “sides” of the conversation. Used to work through issues, exchange proposals, and try to settle the case without court involvement. Not a court proceeding: there is no judge, no court reporter, and nothing said is on the record. Discussions are generally confidential settlement talks. Four-way meetings can be held at one attorney’s office, by video, or in a neutral location, and are common in both collaborative divorce and traditional negotiated cases. If the meeting produces an agreement, the terms are reduced to a written, signed document—only then are they binding. Clients are expected to attend and participate; this is one of the proceedings where your active role is the whole point.
An attorney appointed by the court to preside over specific, often preliminary or financial, family law matters, such as child support, alimony, and sometimes custody. They act to resolve disputes, take evidence, and make recommendations or enter orders to reduce the caseload of judges.
Total income before any deductions for taxes, insurance, retirement, and so on. Includes wages, self-employment income, bonuses, commissions, rental income, interest, dividends, and many other sources under Pennsylvania support law.
Income after allowed deductions (federal, state, and local income taxes; FICA; mandatory retirement contributions; union dues; alimony paid in some cases). Pennsylvania support guidelines are based on monthly net income.
Assigning income to a party who is unemployed or underemployed without a good reason, based on what they could reasonably earn. The court then calculates support as if they were earning that amount. See Earning Capacity definition above.
A criminal charge for willfully violating a Protection From Abuse order. Carries up to six months in jail and/or a fine per violation, plus a permanent record.
A third party—someone other than the child's parents—who joins an existing custody lawsuit because they have a personal stake in the child's welfare, such as a grandparent, relative, or guardian.
Pennsylvania's no-fault ground for divorce: the marriage is broken with no reasonable prospect of reconciliation. Available either by mutual consent (after a 90-day waiting period) or unilaterally after one year of separation.
A final court decision.
A court's legal authority to hear and decide a case. The court must have authority over the parties (personal jurisdiction) and over the type of case (subject matter jurisdiction). For custody, Pennsylvania follows the Uniform Child Custody Jurisdiction and Enforcement Act, which generally gives jurisdiction to the child's "home state."
A court's legal authority to hear and decide a case. The court must have authority over the parties (personal jurisdiction) and over the type of case (subject matter jurisdiction). For custody, Pennsylvania follows the Uniform Child Custody Jurisdiction and Enforcement Act, which generally gives jurisdiction to the child's "home state."
Pursuing or defending a case through the formal court process.
A written document that states a person's wishes regarding life-support or other medical treatment.
Alimony paid as a single fixed amount (or scheduled installments totaling a fixed amount) rather than ongoing monthly payments. Generally non-modifiable and not terminated by remarriage or cohabitation.
Property acquired by either spouse during the marriage—regardless of whose name is on it—subject to limited exceptions for gifts and inheritances received by one spouse alone. Subject to equitable distribution.
Debt incurred during the marriage, also subject to equitable distribution. The court can allocate debts between the spouses.
A voluntary process in which a neutral third party (the mediator) helps the parties negotiate a settlement. The mediator does not decide anything; the parties remain in control. Both parties must attend (in person or by video)—mediation cannot occur without them, since they are the negotiators. The parties may be represented by counsel, as mediators cannot provide legal advice.
A written legal argument that supports a motion or position with case citations and analysis.
A change to an existing custody or support order based on a substantial change in circumstances.
A formal request to the court for a specific ruling.
A request to postpone a hearing or conference.
A Pennsylvania-specific request for the court to take action on an interim issue during a divorce or custody case, such as exclusive possession of the marital home, restraining the dissipation of assets, requiring an asset appraisal, or interim financial relief.
A request that the court order the other side to comply with discovery they have ignored or refused (for example, to answer interrogatories or produce documents).
A custodial parent in Pennsylvania who plans a move that will significantly impair the other parent's custodial rights must give written notice (generally at least 60 days in advance) to every person with custodial rights, including specific information required by 23 Pa.C.S. § 5337.
A person who has been authorized by a state to administer oaths or certify documents.
A party’s formal written objections to a hearing officer’s recommendations, asking the judge to review and modify the recommendation. Strict deadlines apply (commonly 20 days, with local variations).
The attorney of record for the opposing party.
The person with whom you are in litigation with.
Lawyers verbally argue their positions before the court, often on motions, exceptions, or appeals. Usually no testimony is taken; argument is based on the written record and the law. Generally, attorneys-only; clients are welcome to attend as observers but do not testify or speak.
A neutral professional appointed by the court (now permitted statewide in Pennsylvania) to help high-conflict parents implement custody orders and resolve day-to-day disputes (school issues, schedule conflicts, exchanges) without going back to court.
Pennsylvania's term for time a parent has the child but is not the primary custodian. Partial physical custody can be on a regular schedule or supervised. If a parent must be monitored by another adult or agency, then this is classified as “supervised physical custody.” This term replaced "visitation" in Pennsylvania law.
A filing alleging that the other party willfully violated a court order, asking the court to impose sanctions—fines, attorney's fees, makeup time, jail.
A filing to start a custody case or to seek custody as part of an existing family law matter.
A filing asking the court to change an existing order.
See Motion for Special Relief—Pennsylvania-specific request for interim relief during a divorce.
A filing asking the court to require compliance with an order, often paired with a contempt petition.
A filing to end a support obligation—commonly when a child is emancipated, the supported spouse remarries or cohabits (for alimony), or another statutory event has occurred.
Pennsylvania's procedural device for challenging a complaint before filing an answer—on grounds such as lack of jurisdiction, improper venue, legal insufficiency of the pleading, or insufficient specificity. Pennsylvania's version of the motion to dismiss familiar in other states.
A court conference before trial, usually to narrow issues, discuss settlement, finalize witness and exhibit lists, and confirm trial logistics. Practice varies by judge and county—some require both parties to attend (and may want them available for settlement discussions); others handle it as an attorneys-only proceeding. Your attorney will tell you which applies. In many cases a pretrial statement may be necessary.
A comprehensive written contract between the spouses resolving all economic issues—property, debt, support, alimony, taxes, retirement—in the divorce. Usually incorporated into the divorce decree.
The court proceeding on a PFA. A temporary PFA can be entered the day of filing on the plaintiff's allegations alone; a final hearing is scheduled within roughly 10 business days, and both sides can present evidence.
Pennsylvania's name for the clerk of the civil court. The Prothonotary's office accepts filings, maintains the official record, and issues writs. Family law matters are typically filed through this office (or its e-filing system).
When separated spouses resume the marriage. Reconciliation can affect divorce grounds—for example, restarting the one-year separation clock for unilateral no-fault divorce.
The official compilation of everything filed and admitted in a case—pleadings, orders, exhibits, transcripts. The record is what an appellate court reviews on appeal.
A move by a person with custodial rights that significantly impairs the other parent's ability to exercise custodial rights. Pennsylvania's relocation statute (23 Pa.C.S. § 5337) requires advance written notice, gives the non-moving parent the right to object, and—if contested—requires a hearing where the court considers specific relocation factors.
Court hearing on whether a proposed move serves the child’s best interest. The party proposing the move bears the burden of showing it is in the child’s best interest. Both parties typically attend and testify.
The upfront fee which the client pays when he or she retains the attorney to act for them and secure their services.
Court-ordered penalties or corrective measures imposed on a party (or their attorney) for violating court rules, disobeying orders, or acting in bad faith during litigation.
A court order setting deadlines for the case —discovery, expert reports, settlement conferences, pretrial submissions, and trial – or notifying the parties and/or counsel to appear.
Income from sources beyond a primary job—rental income, dividends, interest, side businesses, second jobs—relevant in support calculations because Pennsylvania counts virtually all sources.
A written contract between separated spouses addressing custody, support, finances, and property—often used either as a stand-alone agreement during separation or as the basis for a later marital settlement agreement.
An agreement resolving the disputed issues without trial. Most family law cases settle.
Both parents have substantial physical custody time, often roughly equal. Pennsylvania's support guidelines have specific adjustments when the obligor (person who owes support) has the child for at least 40% of overnights.
One parent has all of either legal custody (sole decision-making) or physical custody (the child lives only with that parent), or both. Less common today; Pennsylvania courts often favor some form of shared legal custody unless circumstances warrant otherwise.
In Pennsylvania, support paid by one spouse to the other after separation but before a divorce action is filed. Calculated under guideline formulas. Once a divorce is filed, the obligation typically converts to APL.
The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit. Often an issue of concern in grandparents’ rights custody cases.
A formal, binding agreement between opposing parties in a legal proceeding regarding a specific fact, issue, or procedure. It removes the need to present the issue in court and offers an Order to be signed by the Judge.
A court-issued command requiring a person either to appear and testify, to produce documents, or both. Failure to comply can result in contempt.
A subpoena to a third party (bank, employer, school, doctor, brokerage) to produce records.
A subpoena requiring a witness to appear at a deposition or hearing to give testimony.
An informal conference at the Domestic Relations Section to attempt to settle a support case. Both parties are expected to attend (in person, by phone, or by video, depending on county practice) with current pay stubs, the most recent tax returns, proof of health insurance premiums, and childcare receipts. Attorneys may attend with their clients. The Conference Officer recommends an order; if the parties do not agree, the case proceeds to a hearing.
The Domestic Relations Section official who conducts support conferences and issues recommended orders.
Collection tools for unpaid support: wage attachment, tax refund interception, license suspension, passport denial, credit reporting, contempt proceedings, and (in extreme cases) jail.
A formal hearing—before a hearing officer or judge—if the support conference does not resolve the case. Parties must attend, sworn testimony is taken, and exhibits are admitted. The hearing officer issues a recommended order; objections can be filed within the prescribed time.
The Domestic Relations Section officer who decides support matters. Pennsylvania has officially moved to “hearing officer,” but “master” is still used informally in some counties and on older paperwork. Same role, updated title.
Any short-term order during a case—custody, support, exclusive possession, restraints—designed to maintain stability until a final ruling.
An emergency PFA order that can be issued the day of filing based on the plaintiff's allegations alone. It remains in effect until the final PFA hearing (typically within 10 business days), at which both sides can present evidence.
Once a document is filed it will receive a stamp detailing the date the court received the document. It is the timestamped copy that is served upon opposing counsel/opposing party.
A verbatim written record of court proceedings, prepared by the court reporter. Required for appeals and used to confirm exactly what was said and ordered.
The final evidentiary proceeding in which the court decides the contested issues based on testimony, exhibits, and argument.
A divorce in which both spouses agree on grounds and on all economic and custody issues. Resolved through paperwork and a settlement agreement rather than a trial.
The proper county in which to file. In Pennsylvania family law cases, venue is generally based on where the defendant resides, where the parties last lived together as a couple, where the plaintiff resides if the defendant agrees, or—for custody—where the child has lived.
A formal, sworn statement—often an affidavit—confirming that the information in a legal document (such as a petition for divorce or complaint) is true to the best of the signer's knowledge, subject to penalties for unsworn falsification. In Pennsylvania, this is used in place of formal notarization on most pleadings.
An older term largely replaced in Pennsylvania by "partial physical custody" or, where appropriate, "supervised physical custody."
An expert assessment of a party's earning capacity—education, training, work history, transferable skills, and the local job market—used in support cases involving unemployment or underemployment.
Voluntarily giving up a known right. Many family law rights can be waived in a written agreement, but waivers must be knowing and voluntary.
Giving up the right to receive formal notice of a particular proceeding, often used to expedite an uncontested matter.
Same as garnishment—an order routing money directly from a payor's wages. Pennsylvania support orders are generally collected by automatic wage attachment through PA SCDU.
A court order authorizing enforcement of a money judgment by levying on property—seizing bank accounts, or selling assets to satisfy the judgment.