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Does the final court order of devorce override privious rulings

Boonton, NJ |

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

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Attorney answers 3

Posted

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 establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm. For legal advice, please contact and retain an attorney of your own choosing.

Posted

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 case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

Posted

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

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