Updating Settlement Agreement Process

Summary

The user inquired about the process of updating a settlement agreement in North Dakota. They were informed that they need to file a motion to modify the agreement with the Southwest Judicial District Court. The user was also guided on how to respond to a brief, with emphasis on filing a written response. They were informed that both parties can file a joint response if they agree. The user was also advised that even if both parties agree and sign a new modified settlement agreement, they still need to file a motion to modify the original settlement agreement with the court. The user was also guided on how to request a Stay on child support, rotate claiming a child on taxes in a shared custody situation, and how a judge might recommend parents be responsible for health insurance with equal residential responsibility.

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I need to respond to a brief by tomorrow but before I file a response, I need to update a settlement agreement we filed
Hi ****! I can help you with that. Could you please let me know which state or location this settlement agreement was filed in?
North Dakota
Great, ****! In North Dakota, to update a settlement agreement, you may need to file a motion to modify the agreement with the court. Do you know which court the settlement agreement was filed in?
Southwest Judicial District Court
In North Dakota, to update a settlement agreement, you may need to file a motion to modify the agreement with the Southwest Judicial District Court. Here is the contact information for the court:

Southwest Judicial District Court
Address: [Insert Address]
Phone: [Insert Phone Number]
do i file the response to the brief first as it needs to be done tomorrow
Yes, ****. It is important to file the response to the brief first as it needs to be done tomorrow.
then i can modify the settlement agreement?
Yes, ****. You can file a motion to modify the settlement agreement after you have filed the response to the brief.
Can I just re-write the settlement agreement and have both parties sign and file again?
No, ****. In North Dakota, you cannot simply rewrite the settlement agreement. You need to file a motion to modify the agreement with the Southwest Judicial District Court.
So I need to file the motion, then I rewrite the settlement agreement and file it?
No, ****. In North Dakota, you need to file the motion to modify the settlement agreement first, and then if the court approves the motion, you can rewrite and file the modified agreement.
is there a form to use to file a motion
Yes, ****. In North Dakota, there is a form you can use to file a motion. You can find the form on the website of the Southwest Judicial District Court or you can contact the court directly for more information.
what is the form called?
The form to file a motion in North Dakota is called "Motion to Modify Settlement Agreement." You can find it on the website of the Southwest Judicial District Court or contact the court for more information.
if i modify the settlement agreement, do i need to refile any others such as the judgment and findings of fact?
No, ****. If you modify the settlement agreement, you do not need to refile any other documents such as the judgment and findings of fact.
thank you
You're welcome, ****! If you have any more questions or need further assistance, feel free to ask.
we do not have a lawyer, how do we respond to a brief? Do the plaintiff and the defendant sign the response to the brief to show agreement?
In North Dakota, if you do not have a lawyer, you can respond to a brief by filing a written response with the court. The plaintiff and defendant do not sign the response to show agreement.
what do you mean "written response?
In North Dakota, a written response means submitting a document to the court that addresses the arguments made in the brief. It does not require the plaintiff and defendant to sign the response.
we agree to the brief
In North Dakota, if you agree to the brief, you can file a written response with the court that addresses the arguments made in the brief. It does not require the plaintiff and defendant to sign the response.
how do you file joint response?
In North Dakota, to file a joint response, both parties can collaborate and submit a single written response to the court that addresses the arguments made in the brief.
do i need to file a joint response to a brief?
No, ****. In North Dakota, you do not need to file a joint response to a brief. Each party can file their own separate written response.
but both parties have to respond?
Yes, ****. In North Dakota, both parties are typically required to respond to a brief individually. Each party should file their own separate written response.
do i need to file a motion to modify a settlement agreement that has not been approved yet?
Yes, ****. In North Dakota, you may need to file a motion to modify a settlement agreement that has not been approved yet.
so i cant just refile a new one?
No, ****. In North Dakota, you cannot simply refile a new settlement agreement. You need to file a motion to modify the existing agreement with the Southwest Judicial District Court.
what form do i use to file a motion to modify agreement
In North Dakota, you can use the "Motion to Modify Settlement Agreement" form to file a motion to modify the agreement. You can find the form on the website of the Southwest Judicial District Court or contact the court directly for more information.
is it existing if its not been signed by the jugde though?
No, ****. In North Dakota, a settlement agreement is not considered legally binding unless it has been signed by a judge.
so then why do i need to file a motion to modify it?
In North Dakota, you need to file a motion to modify the settlement agreement because it has not been signed by a judge yet.
ughhhhh
I understand that this process can be frustrating, ****. Is there anything else I can assist you with?
yes, what form do i need for that?
In North Dakota, you can use the "Motion to Modify Settlement Agreement" form to file a motion to modify the agreement. You can find the form on the website of the Southwest Judicial District Court or contact the court directly for more information.
how do i file a joint response to brief?
In North Dakota, you do not need to file a joint response to a brief. Each party can file their own separate written response.
we want to
make sure we are on the same page. Can you please clarify what you mean by "we want to"?
Both parties want to file a joint response to the brief as they both agree
In North Dakota, if both parties agree, they can file a joint response to the brief. Each party can collaborate and submit a single written response to the court.
Do I need to file a motion to modify a settlement agreement if both parties agree to the new modified settlement agreement and have signed it?
In North Dakota, even if both parties agree and sign a new modified settlement agreement, you still need to file a motion to modify the original settlement agreement with the court.
what does it mean to state the legal authority in rule and law that supports the request
Stating the legal authority in rule and law that supports the request means citing the specific laws, statutes, or previous court decisions that justify your request or argument.
what laws would pertain to a divorce!?
In North Dakota, divorce laws include:

- Grounds for divorce: Irreconcilable differences, adultery, extreme cruelty, etc.
- Property division: Equitable distribution state.
- Alimony: Decided based on various factors.
- Child custody: Best interest of the child.
so to state the legal authority in rule and law that supports the request of a motion to amend the origional settlment agreement what laws do i list?
You should refer to North Dakota Rules of Civil Procedure, specifically Rule *(b) which allows for relief from a judgment or order under certain circumstances.
how do you properly ask to "Stay" child support?
In North Dakota, to request a "Stay" on child support, you may need to file a motion with the court. Have you experienced a significant change in circumstances that affects your ability to pay?
how do you state that in a settlement
To request a "Stay" on child support in a settlement, you could state: "The parties hereby request a stay on child support payments due to [reason for the significant change in circumstances]."
how to rotate claiming child on taxes
Who has the custody of the child? This is important as the IRS generally allows the custodial parent to claim the child as a dependent.
shared
In a shared custody situation, you can rotate claiming the child on taxes by specifying in your agreement which parent can claim the child in which year.
can we say mom will claim odd years?
Yes, in your agreement, you can specify that the mother will claim the child on taxes during odd years and the father during even years.
what does pursuent mean
"Pursuant" is a legal term that means "in accordance with" or "as directed by". It is often used in legal documents to refer to a law, rule, or order that is relevant to the situation.
how would a judge recommend parents be responsible for health insurance with equal residential responsibility.
In North Dakota, the judge may recommend that both parents share the responsibility of providing health insurance for the child, based on their respective incomes and the child's needs.
how would that be stated in an agreement?
In an agreement, it could be stated as: "Both parties shall share the responsibility of providing health insurance for the child, proportionate to their respective incomes and the child's needs."
is that specific enough or do i need to include income in this statement?
It would be more specific to include the percentage each parent is responsible for. For example: "Party A shall be responsible for X% and Party B for Y% of the child's health insurance costs."
what is the step-down child support obligation
The step-down child support obligation refers to a decrease in child support payments over time or as circumstances change, such as the child's age or financial independence. Is this related to your settlement agreement?
if you reserve the right to this does that mean it does not apply?
Reserving the right to something in a legal context means you are keeping the option to enforce or apply it in the future, but it does not necessarily mean it is currently in effect. Can you specify what you're referring to?
if we chose to stay the child support would the step down child support even apply?
In North Dakota, if you choose to stay the child support, the step-down child support obligation would not apply unless it's specifically stated in your agreement. Is this included in your current agreement?
we chose to reserve the right is that accurate with the stay
What exactly are you reserving the right to in your agreement?