Changing the CO
BM did sign the change to the CO. I'm still in shock.
Quick question. Does this make everything on the old CO null and void?
The old CO stated the DH paid all health care and $825 a month CS. It also stated his custody days and what the holiday schedule would look like. Also that DH would provide all transportation. That was about it.
The new CO states the new CS amount, the new custody times for each child with the NCP parent and that each parent would provide transportation for their custody time.
So, my question is, does this negate DH having to pay for all health care costs? It wasn't included. We did ask to have it included but the lawyer didn't and we didn't catch it. BM mentioned it but DH isn't working right now and told her she's lucky she is getting what she is.
The paperwork is titled 'Petition to Modify Parenting Plan, Child Support, and Other Relief'.
Anyone else dealt with this?
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I work in family law, only
I work in family law, only the things that are mentioned in the Modification have changed, everything else stays the same. So, unless things are different in your state - DH is still responsible for health insurance if there was no mention of it in the modification.
Wait - you say it's the
Wait - you say it's the Petition - has an Order of Modification been entered? If not, nothing has changed yet. You made it sound like the paperwork was done - but then you stated it was the Petition - so now a bit confused
It was signed by BM and sent
It was signed by BM and sent to the lawyer on Monday. Nothing is final yet, I'm just curios about the healthcare portion not being addressed.
In our case, anything not
In our case, anything not addressed in the modification, stays the same as in the original order. In fact, in both my DH and my cases, it states that any thing not addressed has not changed.
That's what I thought but DH
That's what I thought but DH and BM think differently.
I just realized it wasn't in
I just realized it wasn't in their over the weekend (when DH told me BM questioned it) and DH and BM have already signed the papers and sent them to the lawyer.
I think I'm just going to leave it alone and let the two geniuses figure it out.
If it hasn't been signed and
If it hasn't been signed and filed, it might be something DH wants to address with his attorney. There is still time to make changes. Nothing is set in stone until it is filed with the court.
DH should be clever and make
DH should be clever and make sure it states... he's responsible for SS healthcare and BM for SD's.....
then it's 50/50 hahahahaha
In my experience ONLY what
In my experience ONLY what was addressed/changed in the newest CO applies. Everything else previously addressed stays exactly how it was.
Your DH needs to address anything missed ASAP before it is entered in court.
your key word is "modify".
your key word is "modify". it is not a replacement, it is an alteration made to a currently existing order. everything else that is not addressed in the modification remains as-is. think of a modification as an attachment or an addendum.
Usually, new orders will have
Usually, new orders will have language like "all other clauses not in conflict with this order remain in effect" or something akin to that.
Check with the attorney, that's what you pay him/her for...
unless anotherstep is your attorney, because we all learned yesterday that she's not really an attorney }:)
*runs for cover*
he paid for your house??
he paid for your house??