Does the final court order of devorce override privious rulings

Asked about 3 years ago - Boonton, NJ

temporary unsigned order in 2010 final court order changed the conditions towards issues such as payment towards medical and extra curricular activities

Attorney answers (3)

  1. Mary Tom

    Contributor Level 14

    Answered . This inquiry is hard to answer in a vacuum. An attorney would need to review the final judgment and the prior orders with you to see what has happened in the case.

    If it is a final judgment of divorce, and it modifies a prior court order by specifically referencing that prior Order or indicates the date the provision becomes effective, then the last order in question supercedes all prior Orders. If, however, there is a prior Order for example - for the payment of counsel fees - that portion of the Order remains in effect, if it was not specifically addressed in the Judgment of Divorce and remains unpaid.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    This message does not constitute legal advice and is for informational purposes only. This message does not... more
  2. David Perry Davis

    Contributor Level 17

    Answered . Not really enough information to answer. General rules -

    Child support is "a judgment by operation of law" (automatically) on the day it's due, so pendente lite (prejudgment) CS arrears continue ("survive the entry of judgment") after a divorce is granted. Anything that's a component of child support such as unreimbursed medical expenses are included in this.

    Other obligations (alimony, pendente lite bills, etc) are extinguished if they are not specifically addressed and continued in a final judgment.

    Hope that helps.

    The above is said without seeing your case file and without my understanding the entirety of the facts of your... more
  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . A final divorce takes the place of all pre divorce orders unless those orders are continued or memorialized in the divorce decree.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more

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