Hi folks,
A friend asked me this, and I had no idea what to respond
If the minutes of settlement (which are supposed to end a case) are not respected by a party (i.e. one of the parties does not hold to his/her end side of a bargain, like paying a lump sum), then what exactly is one's remedy?
I responded that, the way I read the rules, it is a "motion to change" in which the party wants to set aside the minute of settlement because of non-compliance. But I am unsure of the answer, as I am not an expert in reading the Family Law Rules.
The next question was: well if I need to bring a Motion to Change, then must it be in the same jurisdiction as the initial file? I had no idea what to asnwer to this particular question (The main reason being that the parties, meanwhile, changed residence).
Any help would be greatly appreciated.
Thanks!
Dana
A friend asked me this, and I had no idea what to respond
If the minutes of settlement (which are supposed to end a case) are not respected by a party (i.e. one of the parties does not hold to his/her end side of a bargain, like paying a lump sum), then what exactly is one's remedy?
I responded that, the way I read the rules, it is a "motion to change" in which the party wants to set aside the minute of settlement because of non-compliance. But I am unsure of the answer, as I am not an expert in reading the Family Law Rules.
The next question was: well if I need to bring a Motion to Change, then must it be in the same jurisdiction as the initial file? I had no idea what to asnwer to this particular question (The main reason being that the parties, meanwhile, changed residence).
Any help would be greatly appreciated.
Thanks!
Dana
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