court order

[micheles]

What is the name of your state (only U.S. law)? MD
I have divorce decree (court order signed by judge) that states that the separation agreement signed by both parties is incorporated into the divorce and should be followed. Part of the separation agreement states that the father should pay for dental insurance. Since this has not been done, I was guided to child support so that they could enforce. Child support tells me that there needs to be specific court order for dental insurance issued. Why is this true when divorce decree enforces the separation agreement and has a court order?

 

[mistoffolees]

What is the name of your state (only U.S. law)? MD
I have divorce decree (court order signed by judge) that states that the separation agreement signed by both parties is incorporated into the divorce and should be followed. Part of the separation agreement states that the father should pay for dental insurance. Since this has not been done, I was guided to child support so that they could enforce. Child support tells me that there needs to be specific court order for dental insurance issued. Why is this true when divorce decree enforces the separation agreement and has a court order?

I would ask them.

I'm guessing, though, that they do it that way to avoid confusion. For example, if the divorce decree says "separation agreement is incorporated", there is the question of ensuring which separation agreement to include. If a statement is included directly in the divorce decree, then it's clear what is meant. This can be ameliorated by attaching the relevant separation decree to the divorce decree with the judge's signature. Was that done?

An additional problem is that there is often a conflict between the terms of the divorce and the separation agreement. Clearly, the divorce decree supersedes the separation agreement, but the CS agency doesn't want to have to make decisions on what is meant where there's a conflict. They want things crystal clear in black and white.

You have two options:
1. Let CSE collect the child support portion and then go to court to have ex held in contempt for not providing dental insurance.
2. Go to court for a modification to have the dental insurance written into the divorce decree - and then turn it over to CSE.

 

[micheles]

my thoughts to what you mentioned would then be that the house that was left to me (and sold recently), the child support paid, the pension that I keep, ect..... all also need a separate court order too?

My divorce decree states...... It is further ordered that the parties to this cause of action are hereby ordered to fully perform and carry out all of the covenants and conditions set forth in their Agreement dated November 13, 2002, the terms of which are hereby approved and incorporated in this Judgement of Absolute Divorce by reference thereto as if fully set forth herein, but shall survive and not be deemed to merge herein**************

 

[mistoffolees]

my thoughts to what you mentioned would then be that the house that was left to me (and sold recently), the child support paid, the pension that I keep, ect..... all also need a separate court order too?

My divorce decree states...... It is further ordered that the parties to this cause of action are hereby ordered to fully perform and carry out all of the covenants and conditions set forth in their Agreement dated November 13, 2002, the terms of which are hereby approved and incorporated in this Judgement of Absolute Divorce by reference thereto as if fully set forth herein, but shall survive and not be deemed to merge herein**************

That should be sufficient for most things. It should be enough to keep the pension, get the money from the house, and so on. It's just that many CSE offices are very picky and don't want to do the leg work to interpret something like this.

If it were me, I'd leave CSE out of it and simply file for contempt for failure to keep dental insurance. It's not expensive to file for contempt and fairly easy to prove.