Does divorce decree trump State Statute?

Monday, February 28, 2011

Divorce states: "It is further order of this court that all work related day care expense and all medical expenses not covered by health insurance, including the cost of health insurance premiums shall be apportioned between the parties using the percentages of the relevant Child Support Computation." Statute states: "I. Reasonable and necessary medical, dental, orthodontic, optometric, psychological, or any other physical or mental health expenses of the child incurred by either parent and not paid or reimbursed by insurance or included in a cash medical support order pursuant to paragraph 4 of subsection F of this section shall be allocated in the same proportion as the adjusted gross income of the parents as separate items that are not added to the base child support obligation. If reimbursement is required, the parent who incurs the expense shall provide the other parent with proof of the expense within forty-five (45) days of receiving the Explanation of Benefits from the insurance provider or other proof of the expense if the expense is not covered by insurance. The parent responsible for reimbursement shall pay his or her portion of the expense within forty-five (45) days of receipt of documentation of the expense. J. In addition to any other sanctions ordered by the court, a parent incurring uninsured dependent health expenses or increased insurance premiums may be denied the right to receive credit or reimbursement for the expense or increased premium if that parent fails to comply with subsections H and I of this section." Would the decree be the deciding factor or does this Statute Trump the divorce? Thanks for any help!
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J. In addition to any other sanctions ordered by the court, a parent incurring uninsured dependent ..... What does that say?
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