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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Amend a Final Divorce Order The Department of Defense Accounting

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Amend a Final Divorce Order

The Department of Defense Accounting Office has requested a Clarification order to define the portion of plaintiff's military pension has been ordered to defendant.
Current order reads 15% and the amount dictated by the formula. Plaintiff and Defendant agreed to 15% in mediation prior to Final Order being issued. However, the formula was left in the Final Order by mistake.

I am filing a Request to Amend Order today. What is the difference between a form motion and a motion hearing? Which should I file?
Thank you for your question and for asking for me.

A form motion is a standard type of motion where no hearing is required. You can do this in a form motion asking the court to amend and correct its order to include the formula. It is a Motion Nunc Pro Tunc, which is a motion asking the court to go back and just correct the order of the court that left off the formula from the court order.



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Customer: replied 3 years ago.

Thank you for your help.


 


I do not need to have the formula added to the order, but instead need to have it removed.


 


What is the legal term to have it removed and how do I serve this upon the other parties involved?


 


Thanks.

Thank you, XXXXX XXXXX the formula language was added to the order by mistake you can still use the Motion Nunc Pro Tunc to correct the order, since you state it was a mistake. You send a copy of your motion asking for the correction to the other party by first class mail and complete the proof of service on your motion you submit to the court showing the date and time you sent it to the other party and where you sent it.
Customer: replied 3 years ago.

Do I need to have the copy of the motion certified by the court before sending, or can I just send a copy to the other party?


 


Thank you again.

You need to treat it like every other motion you get it certified and then send it out.
Customer: replied 3 years ago.

Thank you again for the excellent service!

Thank you very much. Don't forget to click on the feedback if you haven't done so already.
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