[F8] Depth Issue

So I'm working on a project that duplicates many movie clips and when I duplicate them I am currently using the .getNextHighestDepth() command; however, my problem lies in the fact that some of the movie clips I have placed on stage I need to appear ontop of the the MCs duplicated in my actionscript but I think when the AS gets the nexthighestlevel its places the newly duplicated movie clips above the MC's I have placed onstage even though the ones I want are on a seperate layer above the layer the movie clip I'm duplicating is on. wow I hope that was readable... anyways, any help with this is much appreciated.

for the MC's you have placed onstage, use -

myMovieClip1.swapDepths(getNextHighestDepth() )
myMovieClip2.swapDepths(getNextHighestDepth() )