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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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What is the proper way to address a 9 month old mediated settlement

Resolved Question:

What is the proper way to address a 9 month old mediated settlement agreement and a recently revised and modified parenting plan where the statements in the older document conflict with or are not as precise as those in the parenting plan? The parenting plan has the preferred language, the MSA does not, neither document has been ratified by the Judge yet
Submitted: 12 months ago.
Category: Family Law
Expert:  LawTalk replied 12 months ago.

Good morning Bill,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Have either document already been submitted to the court yet?

Doug

Customer: replied 12 months ago.

The MSA was filed with an incomplete parenting plan. THe parenting plan has not been signed by both parents and the the MSA while signed by both spouses has not been ratified by the Judge

Expert:  LawTalk replied 12 months ago.

Good morning Bill,

Was your incomplete parenting plan originally submitted as a separate document, or as part of the MSA?

Doug

Customer: replied 12 months ago.

As part of the MSA

Expert:  LawTalk replied 12 months ago.

Hi Bill,

Thanks for confirming that.

You will need to prepare a First Amended MSA and submit it to the court. The First Amended will be the same as the original,---the caption will simply read First Amended before the title that you original used for the document---- but you will incorporate the parenting plan language that you have now agreed on, and delete that which is no longer appropriate or conflicts with the new agreement.

The document will look as it would have had you submitted the complete MSA/Parenting Plan, and you now want it, in the first place.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 3 other Family Law Specialists are ready to help you
Customer: replied 12 months ago.

Is a specific reference in the new parenting plan that it amends the appropriate paragraph in the mediated settlement agreement sufficient to avoid having to prepare and file an an amended MSA?

Expert:  LawTalk replied 12 months ago.
Hi Bill,

No, I'm sorry but you cannot do it like that. You must file an amended MSA. The MSA must be complete and accurate, and not rely on a separate document to modify it.

If you have additional questions, you may reply back to me using the Reply to Expert link.

Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 3 other Family Law Specialists are ready to help you
Expert:  LawTalk replied 12 months ago.

Thank you for your positive rating of my service, Bill. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

Expert:  LawTalk replied 12 months ago.
Good evening Bill,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug
Customer: replied 12 months ago.

Great answer Doug. Thank you

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