What is the law regarding PA Postnuptial Agreement and a Support Order conflict? Posted on June 23, 2011
I have a postnuptial agreement signed by both myself and my ex as well as a judge (so it is entered as an order of the court) stating that my ex is required to pay all medical co-pays for our two children at 100%. The agreement was written this way primarily because his employer fully funds a flex account that covers these co-pays and it costs him nothing out-of-pocket for these expenses. However, our support order from Domestic Relations states that he pays 100% of these expenses up to $25o, after which they are shared equally between the two of us. It does not specify if the $250 is for both children's expenses combined, or if it is per child. Which legal document takes precedence in this case, the post-nup or the support order? The ex saw the boilerplate language in the support order and wants to follow that, of course, while I believe we should follow the language in the post-nup, which was specifically written and agreed to, for our situation. Thanks for your help!
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