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On the Brief but not discussed

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  • On the Brief but not discussed

    I need some answers to what I am about to sign after a final case conference. On my brief that was submitted to the courts there was a section concerning 5 months of CS that was paid for 2 children but 1 was living with me. In court the issue wasnt discussed and lost in the shuffle of other issues. My question is if the issue was on the brief for court, the court date has come and gone but the issue on the brief wasnt taken care of is it still legally outstanding until the new settlement document that is proposed is signed? I hope thats clear enough the way I am asking it. I do represent myself in court with legal help for paperwork and court filing.

  • #2
    Don't sign anything if something is missing...have whoever wrote it up which I would assume is the other lawyer or party...retype it so it will carry forward if it has not been resolved.

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    • #3
      Its missing in the settlement statement because it wasnt mentioned in court or resolved. But was on the brief before going to the settlement conference.

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      • #4
        Originally posted by nikitaforce View Post
        Don't sign anything if something is missing...have whoever wrote it up which I would assume is the other lawyer or party...retype it so it will carry forward if it has not been resolved.
        good idea. It is never a good idea to assume something especially when it is a legal thing. You may assume that because it wasn't resolved that it would not be included but it is always best to have it in writing that a certain issue will be dealt with at a later time.

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        • #5
          Ok maybe im not making it clear for my question...
          1)there is a settlement in writting that is ready to sign. (Im not signing it)
          2)In the court brief there was a section for 5 months that my son stayed with me that I was asking for reembersement.
          During court proceedings the issue of the 5 months of CS was left out in all the other discussionsand we left court. After my legal advise person asked me what happened with the 5 months and what was I doing with it ie. forgetting about it or asking for it.
          I asked ABOUT it and that opened a huge can of worms of discussions. All the numbers were talked about in court and agreed on but the 5 months of CS wasnt mentioned. Now my position right now is to order the transcirpt from the court and go through it and see if it was resolved or outstanding.

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