Does a judge have the right to over rule from a devorce agreement that specfied 50% TO his 100% must be payed on medical expences, if the responsible parent does not have insurance for the child in question. and if he did had insurance and proof showing coverage that was ordes by law to the judge, but the custodian parent refused to used his card, instead used her's for her apperent reasons. should he still pay the judge's order of 100% or by devorce agreement 50%.
2007-03-20 05:06:48 · 2 answers · asked by MR DESTINY 2 in Politics & Government ➔ Law & Ethics
Divorce law varies by state, and some states do allow agreements to override norms of family law, when there is a bargained settlement. It is a substantial overstatement to suggest that where the issue is payments and expenses for a child, the contract has no legal force and effect.
However, in most cases, judges have the authority to decide that a particular proposed settlement is unjust, and override it.
That having been said, the question is unclear.
2007-03-20 09:22:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The divorce agreement is a contract. And contracts can always be overridden by a court.
When the issue is payments and expenses for a spouse, the court can only override the contract where there is a statutory requirement, or where the contract/agreement did not follow the legal requirements in the state, or if the contract is determined to be grossly unfair or signed under duress.
Where the issue is payments and expenses for a child, the contract has no legal force and effect. The court can always override it in the best interests of the child.
2007-03-20 13:38:26 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋