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Author Topic: Is orignal divorce decree still valid after the 2 agreements are signed by a judge?  (Read 3788 times)

wallyworld85

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As you may remember I am the father whom has a daughter in FL.  I reside in IL.  I amin the process of waiting for my ex to sign the agreements.

Will the following agreement make my divoce decree void.  Specifically my divorce decree states she pays half of all unisured medical and I hold the medical insurance.  the agreements do not llist anything about medical.
I just want to ensure that my ex pays for 1/2 of the uninsured (although, she has NOT up to date paid me a dime)

ALSo  I just found an insurance claim for Oct 31 for 225 dollars on my bcbs account for my daughter.  It does NOT say what it is for.  I have NOT received a bill NOR do I know what she was seen for.  My ex did NOT notify me of this doctor visit.  I do NOT know who to send the money for the visit and have had HUGE problems with this before and many negative marks on my credit file.  I have also had problems with the clincs NOT removing the negative credit mark because they just do NOT believe me.  Now that I have my credit perfect and finally got them all removed (after about 3 years time) I am scared it is going to happen again.  

Agreements follow:
Former Wife/Petitioner,
and

Former Husband/Respondent.
/Case No.:
STIPULATION ON DOMESTICATION OF FOREIGN JUDGMENT COMES NOW the parties, and
and their respective attorneys, and hereby stipulate and agree as follows:
1. This Court has jurisdiction of the parties and the subject matter of this action.

2. The parties were divorced on the 23rd day of April, 2001 by judgement of the Circuit Court of the Ninth Judicial Circuit of Knox County, State of Illinois ("the divorce decree"). In the divorce decree, the former wife/mother, S, was designated as the primary residential parent of the parties minor child, and the former husband/father, CE, was designated as secondary residential parent and provided visitation.

3. The parties agree that, since the entry of the divorce decree, the State of Florida has become the "home state" of the child, as that term is defined under Chapter 61, Florida Statutes. The parties agree that as long as either the mother or the child reside primarily in the State of Florida, that the State of Florida shall have exclusive jurisdiction of all disputes regarding visitation or custody of said child.

4. The parties agree that the divorce decree from the State of Illinois (a certified copy of which being attached to this Judgement and incorporated by reference herein) should be domesticated and adopted as a Florida judgment.

5. The parties agree that the visitation set forth in the divorce decree should be modified to allow the father with substantial visitation during school breaks. Specifically, the parties have agreed that the father will enjoy visitation during each summer. Summer shall begin at 6:00 p.m. the day school lets out, and shall end one week prior to the begin of the next school year In addition to summer visitation, the father shall enjoy visitation for either spring break or Christmas break, on alternating years. The parties will equally divide Christmas, 2003 with the Father having the child for the first one half of said Christmas, 2003, and the Mother having the second one-half of the holiday. In 2004, the Father shall have visitation on entire Christmas vacation. In 2005, the Father shall have visitation on the entire Spring break vacation.. These breaks will continue to be alternated annually in the same fashion. The parties shall otherwise otherwise agree to the Shared Parental Responsibility Schedule and Standard Visitation Schedule, a copy of which is attached hereto.

6. The Father will be responsible for all costs of visitation transportation for Christmas or Spring break. The parties will equally split the costs of visitation transportation in the summer.

7. To the extent that differences may arise between the parties relating to visitation, they have agreed to cooperate with one another in good faith toward a resolution prior to instituting court action.

8. The parties agree to pay their respective attorney fees and costs incurred in this matter. Neither party will be responsible for the fees and costs incurred by the other.

9. The Father agrees to withdraw his Motion For Contempt filed on or about Julyl
2003.

10.  In the event that either party in this agreement defaults in heis or her obligations herunder, the party in default shall be liable to the non-defaulting party for all reasonable expense incurred, including attorney fees.

ORDER
THIS CAUSE, having come before the Court for Final Hearing, and the parties and their respective attorneys having entered into the above Stipulation, and the Court having approved the Stipulation and being otherwise fully advised in the premises, it is therefore:
ORDERED AND ADJUDGED as follows:
1. The Court has jurisdiction of the parties and the subject matter of this action.
2. The STIPULATION ON DOMESTICATION OF FOREIGN JUDGMENT (the "stipulation") is ratified and approved and the parties are ordered to comply therewith.
3. The Final Judgement, a certified copy of which is attached hereto and incorporated by reference herein as Exhibit "A", is hereby domesticated and adopted as a Florida judgment. The Court finds that Florida is the "home state" of the child, as that term is defined


CHILD SUPPORT AGREEMENT FOLLOWS:

CHILD SUPPORT SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT, made and entered into by and between , hereinafter referred to as "Mother", , hereinafter referred to as "Father";

WITNESSETH:

THAT WHEREAS, the Parties hereto we duly divorced in the 23rd day of April, 2001 by judgment of the Circuit Court in and for the Ninth Judicial Circuit of Knox County, Illinois; and,

WHEREAS, the parties have agreed that child support under the original divorce decree should be modified and increased to reflect the parties relative financial ability and the needs of the child; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration as set forth herein, the parties hereto agree as follows:

For Pending Action for Dissolution: The Mother intends to file a Motion to Modify Child Support in the Ninth Judicial Circuit of Knox County, Illinois. This Agreement is intended to be a full and complete settlement of all matters arising or which could be brought in that action. This Agreement is intended to be introduced into evidence in that action, and to be incorporated in the Final Judgment. However, the parties do not intend for it to be merged in the Final Judgment. Rather, they wish it to survive the Judgment and be binding on the parties for all time.

4. Effective Date: The effective date of this Agreement is the date in which
both parties have signed same.

5. Modification of Child Support; The parties agree that child support under the original decree should be modified and the Father should be required to pay monthly child support to the Mother in the amount of $210.00 per month effective October 1, 2003. Additionally, the Father shall contribute to child care expense by paying an additional $60.00 per month directly to the child care facility  This contributiont o chills care expense shall be paid so long as day care services are actually provided and that the Father is presented with a bill from the child care facility within 60 days of said service.. During the summer break, the parties have agreed that the Father shall exercise visitation, therefore he will not be required to compensate for child care during that period. The Mother is entitled to an income deduction order.

6. Financial Affidavits: The parties understand and agree that the child
support set forth above is based on the Financial Affidavits of the parties, which are attached
hereto and incorporated by reference herein as Exhibit "A".

7. Modification: Any agreement in the modification of this Agreement shall
be unenforceable and void unless in writing and signed by both parties.

8. Default; In the event that either party in this Agreement defaults in his or
her obligations hereunder, the party in default shall be liable to the non-defaulting party for all reasonable expenses incurred, including attorney's fees, in the enforcement or interpretation of the obligations created by this Agreement.

9. Attorney's Fees: That each party agrees to be responsible for his or her own attorney's fees incurred in the preparation of this Agreement and the subsequent entry of a final judgment.

10. Reconciliations: The parties recognize the possibility of a reconciliation. However, it is their intention that a reconciliation, either temporary or permanent, or a future separation after any reconciliation, in no way shall abrogate or affect the provisions of this Agreement concerning the settlement and disposition of property rights between the parties and their respective realty and personalty as set forth in this Agreement.

11. Representations: The parties jointly represent to each other:

A. That each has made a full and complete disclosure to the other of his or her current financial situation, and that each fully understands the implications of such disclosure.

B. That each ahs had the opportunity to seek legal counsel of his or her own selection throughout this proceeding, and that each has signed this Agreement freely and voluntarily and intends to be bound by it.

C. That each understands and agrees that this Agreement supersedes any and all prior agreements between the parties.

D. That this Agreement represents a complete resolution of all matters in dispute, and that neither party has made any representations, promises or warranties to the other except as set forth in this Agreement.

E. That this Agreement may be filed in any proceeding for Modification for Child Support as the complete understanding between the parties.

12. Authorship: In the event that it becomes necessary for any reason to construe this Agreement as permitted by the rules of evidence of the State of Florida, this Agreement will be construed as being jointly prepared and drafted by all parties hereto. Jurisdiction for subsequent modifications of child support shall remain in the State of Illinois for so long as wither party or the child resided in the State of Illinois.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first above written. WITNESSES:

STATE OF FLORIDA COUNTY OF SANTA ROSA
BEFORE ME, the undersigned authority, personally appeared

who is personally known to me or who has produced ______________________ as identification, and after being first being duly sworn, states that she is the Mother in the foregoing Agreement and has personal knowledge of the facts and matters set forth and alleged



 

1.  Will my divorce decree be void one the agreements are signed?  I am asking because my divorce decree specifically states that she is entitled to pay for 1/2 of all uninsured medical bills.  However, the new agreements do NOT state that she is responsible for medical.  I included the two agreements once again to ensure more likely correct answer.  

2.  Am I responsible for the bill even though I did NOT sign anything at the Dr's office?  My ex just has my insurance card that is where they get my info. from.

3.  Is it considered fraud if my ex uses my insurance card (my social so the account is basically under my info) BUT uses her name and address as the billing??  The divoce decree states that I hold insurance for our daughter, and she pay 1/2 of uninsured; however, I cannot pay for a bill that I am unaware of.

4.  Is there anything at all I can do to ensure that

As always tHANKS:




socrateaser

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>1.  Will my divorce decree be void one the agreements are
>signed?  I am asking because my divorce decree specifically
>states that she is entitled to pay for 1/2 of all uninsured
>medical bills.  However, the new agreements do NOT state that
>she is responsible for medical.  I included the two agreements
>once again to ensure more likely correct answer.  

The original judgment is valid and enforceable except where it is contradicted by the new orders. The AGREEMENT does not override the original judgment until it is actually signed by a judge and entered into a court record.

>
>2.  Am I responsible for the bill even though I did NOT sign
>anything at the Dr's office?  My ex just has my insurance card
>that is where they get my info. from.

Based on your facts, you are responsible for 1/2, just as before.


 

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