family law

The right to see a child regularly, typically awarded by the court to a parent who does not have primary physical custody of the child.

Definition

A person who is neither a promisor nor promisee in a contractual agreement, but stands to benefit from the contract’s performance. A third-party beneficiary may legally enforce that contract, but only after his or her rights have already been vested (either by the contracting parties’ assent or by justifiable reliance on the promise).

According to the Restatement (First) of Contracts § 133 (1932), there are three classes of third-party beneficiaries:

An actual change that has an actual adverse effect on the job or working conditions, such as a firing, demotion, or suspension. When an employee claims to have been discriminated against or harassed by a supervisor, a tangible employment action supports the employee's case (and may be required to be proved).

Monetary support paid by one former spouse to another, usually for a specified period of time, pursuant to a divorce agreement or court order. In many states, it's called alimony.

A custody arrangement under which one parent is the only one to have either legal or physical custody or both. A parent with sole physical custody has the right to live with the child, while the other parent has visitiation rights. A parent with sole legal custody has the right to make all decisions affecting the child, including decisions about education, religion, and medical care.

After a divorce or separation between parents, the sharing of parenting responsibilities for children born to the parents. (See also: joint custody)

Definition

Property acquired by a married person or couple in a non-community property state that would have been community property if it had been acquired in a community property state, e.g. California.

Definition

Under the Employee Retirement Income Security Act ("ERISA"), a judgment, decree, or order regarding child support and coverage under a group health plan that (1) assigns the right to receive benefits under a group health plan and (2) is made pursuant to either a state's domestic relations law or the ">

Definition

An indorsement — the placement of a signature on the back of a negotiable instrument — coupled with an additional phrase, e.g. "without recourse" or "for deposit only," limiting the liability of the indorser (signer) in the event the instrument is dishonored.

Definition

An abbreviation for qualified terminable interest property trust. See qualified terminable interest property trust.

Illustrative caselaw

See, e.g. Wells Fargo Bank New Mexico, N.A. v. United States, 319 F.3d 1222 (10th Cir. 2003).