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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 28001
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Amend a Final Divorce Order The Department of Defense Accounting

Customer Question

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?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good morning Kevin,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

In SC a motion may be held with, or without a hearing. A Motion without a hearing is known as a form motion, while a Motion Hearing application asks the court to set a hearing to hear the motion and arguments. Other than that, the motions are the same.

You can see the required choice in the cover sheet for a motion in the state:

http://www.horrycounty.org/forms/coc/SCCA233.pdf


As you are seeking to essentially do no more than strike superfluous verbiage from the order, you may use the Form Motion procedure.

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




Customer: replied 1 year ago.

Thank you for your help.


 


Is it as simple as stating you wish to strike superfluous verbiage from the order?


 


When I file this, I will send a copy to the other party involved. Is there anything I would need to do?


 


Thank you.


 


Kevin

Expert:  LawTalk replied 1 year ago.

Hi Kevin,

Serve the other party with the motion and file it. If the court is willing to amend the order, it will. Leave a SASE with the court and several copies of the order so they can mail it back to you---then you serve the other party with the signed amended order.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.

If I understand, I am to write the Clarification Order using the original language, minus the terms I would like to have left out.


 


Such as:


 


Military Retirement: The Husband shall be entitled to receive 15% of the Wife's military retirement.


 


 

Expert:  LawTalk replied 1 year ago.
It is known as an Amended Order and you re-write it the way you want it to look.

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 28001
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 1 year ago.

I am confused. I know I file the motion, signed with my signature at the bottom.

Will the judge write the order on a seperate form and then sign it?

Expert:  LawTalk replied 1 year ago.
You must draft and submit a proposed order to the judge to sign. The purposed amended order will look like the original but with the language corrected.

Doug
Customer: replied 1 year ago.

Do I have to rewrite the entire order? How will I know the name of the Judge? Do I just leave a blank at the end for any Judge to sign, using the Family Court, Third Judicial Circuit as the signature block?

Expert:  LawTalk replied 1 year ago.

Good morning Kevin,

We have gotten significantly beyond your original question where you asked the difference between two motions.

Your new questions should be placed in a new question thread, but more importantly, you are now asking me specific questions about how you fill out a legal document. Just Answer prohibits me from acting as your attorney, and for me to tell you how you should prepare your proposed Order would make me your attorney under the law.

I will tell you that An Amended Order is a separate document---you do not use the original order and physically modify it. If you don’t know who the judge will be, then leave their signature line blank.

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 28001
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 1 year ago.

Thank you for your positive rating of my service, . 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.

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.

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