Oath

When a person swears or affirms that what they are saying is true. In Surrogate’s Court an oath and designation allows the Chief Clerk to receive an order from the Surrogate.

Object to support magistrate's order

A written objection to an order that was made by a support magistrate. A review of the objection must be made by a judge.

Objection

When one side asks the court to not allow evidence or testimony by the other side to count in a case.

Obligation

1. A legal or moral duty to do or not to do something. 2. A formal agreement to pay a certain amount of money or do something for someone.

Obligee

The person who gets the benefit (money or action) of an obligation.

See:

Obligor

The person that must perform a duty or pay a obligation.

See:

Off the record

Comments made in a case but not counted as part of the record.

Offense

An act that violates (breaks) the law and the court can sentence a person to jail or to pay a fine. An offense can include a felony, a misdemeanor, or a violation.

Offer

A suggestion for an agreement made by one side. If the other side accepts it will create a contract.

Office of Child Support Enforcement (OCSE)

The federal agency responsible for administering the national child support program. A division of the Administration of Children’s Services, it gives those with custody help in getting support, financial and medical, establish paternity, support obligations and enforces court orders.

Office of Children & Family Services (OCFS)

The New York State agency that handles the placement of minors in institutions after juvenile delinquency findings.

Office of Temporary and Disability Assistance (OTDA)

A New York State agency responsible for supervising child support actions statewide.

Offset

1. An amount or claim that balances for something else. 2. An amount of money taken from a parent's state or federal income tax refund before they get it, or from an administrative payment like federal retirement benefits, to pay a child support debt.

Opening statement

In a trial, the first time each side speaks in front of the court.

Opinion

1. The written explanation by the court about the decision in a case. 2. In an appeal when there is more than one Judge the decision is called the “majority decision.” Only the majority opinion can be used as binding precedent in future cases.

Opposition to the judgment debtor's exempt status

After a judgment is made in small claims court, this is a paper filed by the creditor against the debtor's claim that certain money is exempt from collection (the money can't be taken). Also called a “notice of opposition to claim of exemption.”

Oral argument

In a trial, when lawyers speak to support an argument or answer the Judge's questions.

Order of Filiation (OF)

An order by the court saying that the man is the biological father of a child. This is usually done after a person files a paternity petition.

Order of Protection (OP)

A court order telling one person to stop certain conduct, like harassment, against the other. The order may also tell the person to stay away from the other person, his or her home, school, work and children. Usually the person who starts the case (complainant) asks for the order and the other person (defendant) must do what the order says.

Order of Support (OS)

An order directing payments of child support, spousal (husband or wife) support or both.

Order of Support Reinstated

An order putting back into place support payments that had been stopped by the court.

Order of Support Suspended

A decision by the court that temporarily stops payments of support.

Order of Support Terminated

A decision by the court that ends payments of support.

Order of Visitation

Order that says that the person who has custody of a child(ren) must allow the non-custodial parent or another person to visit the child(ren) on specific dates and times.

Order to Appear for Examination

A court order telling the judgment debtor to appear at a date, time and place to answer questions about his or her property and income.