Modifiecation of orders

[breezy]

Soc,
In a thread titled Need help on how to make change dated Tue Sep-20-05 05:46 PM you wrote

"...because I expressly provided that all current orders not modified by this stipulation shall remain in full force and effect."

Can you give me the wording of this? We are currently modifing our orders and have agreed on everthing except one point.

The new orders were all agreed up in full and enacted w/out formal order. Now there is one point that is not in agreement. What would you suggest? As there is now one point (still being enacted upon as if agreed) do we file for modification on all agreed points and have to go to court for the one point at issue?

I have been trying to figure out how to word that all current orders not modified remain the same. I would appriciate your help. Thanks.

[socrateaser]

>Soc,
>In a thread titled Need help on how to make change dated Tue
>Sep-20-05 05:46 PM you wrote
>
>"...because I expressly provided that all current orders not
>modified by this stipulation shall remain in full force and
>effect."
>
>Can you give me the wording of this? We are currently modifing
>our orders and have agreed on everthing except one point.

In a separate section at the end of the stipulated order:

"All prior orders of the court not expressly modifed herein shall remain in full force and effect."

Be careful about the above, if you have any 'temporary" orders currently in effect, and this includes automatic retraining orders that may be statutorily imposed. Such temporary orders ordiniarly are extinguished upon final judgment, but if you add the above wording, then those orders will not be extinguished, unless you expressly provide for their extinction with wording such as:

"The court's temporary orders restraining the parties from ______, entered on ??/??/????, are hereby terminated forthwith."

And so on...

[breezy]

The new orders were all agreed upon in full and enacted w/out formal order. Now there is one point that is not in agreement. What would you suggest?

The one sticking point is still being enacted upon as if agreed. Do we file for modification on all agreed points and have to go to court for the one point at issue?


Do we leave out the now disputed item or include in in the new order?
Thanks in advance!

[socrateaser]

>The new orders were all agreed upon in full and enacted w/out
>formal order. Now there is one point that is not in agreement.
>What would you suggest?
>
>The one sticking point is still being enacted upon as if
>agreed. Do we file for modification on all agreed points and
>have to go to court for the one point at issue?
>
>
>Do we leave out the now disputed item or include in in the new
>order?
>Thanks in advance!

You can stipulate to an order on everything other than the sticking point and then try the one point, however if the point is such that losing or winning would cause you to change your mind about other points on which you already agree, then you may not want to agree on those points, either.

I can't really comment without case specifics.