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Law Girl
Law Girl, Family Law Attorney
Category: Family Law
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Experience:  I have a law practice that is largely dedicated to family law matters.
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If I made an error on a modification that I filed ...

Resolved Question:

If I made an error on a modification that I filed and had served, how might I be able to correct the error. Would I file a motion on the amendment to have something stricken from it? Or would I just let it go through and address it when it goes to court?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Girl replied 6 years ago.
What is the nature of the error?
Customer: replied 6 years ago.
Reply to Law Girl's Post: I stated that I wanted the court to grant me permanent custody and order the defendant to pay child support. But I was granted custody. So only support needs to be addressed. So I wasnt sure if I needed to correct my wording so it would only be addressing the support issue.
Expert:  Law Girl replied 6 years ago.

DearCustomer

Thank you for your question.

You can explain to the court when you argue the motion that the custody order has already been addressed. It is easier to have the court take an issue off its calendar than to put one on its calendar. The only issue is that by bringing up the custody issue, you may be giving the other party the ability to bring a motion opposing custody. If this happens, you can file a reply to the opposition papers explaining that it was in error that you requested that custody be discussed and that the only issue you desire to be adjudicated is support.

Your other alternative is to file amended paperwork now, not giving the other side the ability to respond to the issue of custody.

If you don't feel the other side will file opposition papers or there is no opposition, then I would just wait and address the issue with the court when you are arguing the motion. However, if you know that the other side will vehemently oppose every issue in the papers, then you may consider filing an amendment as soon as possible, so the other side does not necessarily have the ability to respond to the custody issue. (The fear is that depending on how long ago the court ruled on the custody issue, if the opposing side makes a compelling argument, you may not be able to stop the court from considering it once the ball is rolling.)

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Customer: replied 6 years ago.
What do you mean by "filing amended paperwork"? Do you mean I need to file a motion on the modification. Or is there another type of paperwork that can be filed?
Expert:  Law Girl replied 6 years ago.

Sorry, an amended document can be a document that has been revised. Depending on the proximity in which you filed the original documents, if the other side has not responded, you can let them know that you are amending (or revising) your documents and file the appropriate documents with the court and serve the new documents on the other side.

If the other side has already responded, then chances are it will be too late to amend your documents.

Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience: I have a law practice that is largely dedicated to family law matters.
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