Does a Divorce order trump a current child support order?

[Lele316]

What is the name of your state (only U.S. law)? PA Divorce to be filed in NY

My husband mailed me copies of divorce papers he had a lawyer draw up so I could see them, he has not filed yet due to lack of funds to do so. Was just wondering about some things though:
We currently only have child support thru the court which states that my husband is to carry our daughter (3 yrs old) on his medical dental and vision coverage and also that he is to cover 100% of her unreimbursed medical costs(he volunteered for this during support hearing). In the divorce paperwork it states dental and vision are not available (meanwhile he has already-thru human resources at his job- sent me the vision and dental coverage information) but also that all unreimbursed medical costs are to be split 50/50. So if this was to be what we signed-even though I will not sign for this divorce for other reasons- would that trump the support orders that state he is to cover the costs 100%? Just curious so I know for future.
Thank you in advance!

 

[ecmst12]

The newest order would be the one you follow.

 

[Lele316]

Ok thank you, also because I live in PA and have for almst 2 yrs I was told even though he lives in NY and that is were we lived together because I have been in PA so long he would have to file in PA. Is that true? I tried finding the answer myself but was finding contradicting answers.

 

[TinkerBelleLuvr]

PA is who governs with custody issues, unless you are willing to cede to NY. That is, unless the originating court order started in NY and dad has always been in NY.

 

[Lele316]

PA is who governs with custody issues, unless you are willing to cede to NY. That is, unless the originating court order started in NY and dad has always been in NY.

I understand that PA would be who has jurisdiction over custody issues with my lil girl from reading other threads and answers to my previous posts. I just wasnt sure if because it wasnt just a custody case but a divorce that states the custody in it if it made a difference. The child support orders are thru NYS due to him filing while I lived in NY also.
The wording of the visitation also confuses me because it seem as if it is too openended and should any issues arrise there isnt anything actually enforcible to it. That may just be my ignorance to these types of things but to me it just sounds to general. Honestly because of this I would be surprised to find out he truly did have a lawyer draw these up.
I am going to quote the paperwork so you see what I mean:
"Custody will be joint with the Defendant (me) having primary custody. The Plantiff will have visitaion rights days or weeks off from work, rotating holidays, school breaks, and birthday."
To me it doesnt state when he would actually have her or is it saying every day off he has he has the right to come and get her?

 

[LdiJ]

I understand that PA would be who has jurisdiction over custody issues with my lil girl from reading other threads and answers to my previous posts. I just wasnt sure if because it wasnt just a custody case but a divorce that states the custody in it if it made a difference. The child support orders are thru NYS due to him filing while I lived in NY also.
The wording of the visitation also confuses me because it seem as if it is too openended and should any issues arrise there isnt anything actually enforcible to it. That may just be my ignorance to these types of things but to me it just sounds to general. Honestly because of this I would be surprised to find out he truly did have a lawyer draw these up.
I am going to quote the paperwork so you see what I mean:
"Custody will be joint with the Defendant (me) having primary custody. The Plantiff will have visitaion rights days or weeks off from work, rotating holidays, school breaks, and birthday."
To me it doesnt state when he would actually have her or is it saying every day off he has he has the right to come and get her?

You need to understand something. This is not a new order. This is something that your husband hopes a judge will order if he cannot get you to agree to sign off on it. If your husband asked the lawyer to put something vague in there about visitation the lawyer may possibly have done it.

When and if your husband actually files the paperwork and officially serves you with it, you should contest NY having any jurisdiction over child custody or visitation matters. However, even if you decide to conceed to NY having jurisdiction (and I wouldn't do that) you can still contest your husband's proposed parenting schedule, and you should. The way that reads, if he loses his job and is unemployed he would get her for that entire time...which could be months.

 

[Lele316]

You need to understand something. This is not a new order. This is something that your husband hopes a judge will order if he cannot get you to agree to sign off on it. If your husband asked the lawyer to put something vague in there about visitation the lawyer may possibly have done it.

When and if your husband actually files the paperwork and officially serves you with it, you should contest NY having any jurisdiction over child custody or visitation matters. However, even if you decide to conceed to NY having jurisdiction (and I wouldn't do that) you can still contest your husband's proposed parenting schedule, and you should. The way that reads, if he loses his job and is unemployed he would get her for that entire time...which could be months.

I understand this isnt a new order and it is just his hope. It is also supposed to be for an uncontested divorce but that and other things are not what we agreed on so I will not sign off on it, if it winds up being a ontested so be it. I will not budge on certain things.
I will contest NY over the venue and thank you for clearing that up for me. That is what I was fearing it could be translating too. I knew it was too vague and open ended and that something wasnt right about it. Thank You

 

[LdiJ]

I understand this isnt a new order and it is just his hope. It is also supposed to be for an uncontested divorce but that and other things are not what we agreed on so I will not sign off on it, if it winds up being a ontested so be it. I will not budge on certain things.
I will contest NY over the venue and thank you for clearing that up for me. That is what I was fearing it could be translating too. I knew it was too vague and open ended and that something wasnt right about it. Thank You

You cannot really contest NY having jurisdiction for the actual divorce, only for deciding any child custody/parenting time matters.

 

[BL]

If you want it to go through uncontested ,then have it worded as mine was ,that any family court orders shal run concurrent with the divorce decree.

The Judges law clerk then should look it all over and make the recommendation to the Judge .

If you are uncomfortable with the wording put forth by you husband and attorney ,the don't sign the UD 7 form.

You'll have to either hammer it out to get a UD ,or contest it.

 

[Lele316]

I understand what you are all saying and thank you again. Haven't spoken to him about anything as far as my problems with what is on the paperwork as of yet but I am almost sure he is going to wind up going back on his word as to what we agreed on previously. I will try to calmly speak to him and if that doesnt work then it will just have to be a contested divorce. Didnt want it to have to be such a big deal but we will see.

 

[BL]

I understand what you are all saying and thank you again. Haven't spoken to him about anything as far as my problems with what is on the paperwork as of yet but I am almost sure he is going to wind up going back on his word as to what we agreed on previously. I will try to calmly speak to him and if that doesnt work then it will just have to be a contested divorce. Didnt want it to have to be such a big deal but we will see.

Watch out for the fine print.

As I said once you sign the UD-7 it goes to the law clerk,then to the Judge ,and even the Judge can make a mistake of order.

He has a lawyer ,but don't have the funds to submitt.

Wait and see,until then any prior orders remain in full force and effect.