QUESTION
Is there a statute of limitations on trying to collect back alimony?
Asked on Sep 04th, 2012 on Divorce - Michigan
More details to this question:
In 1985, I agreed to pay my x-wife $1,000 for life in our divorce. She is mentally incompetent. She gave away all of her money, including a $200,000 inheritance. I paid her bills directly, her mortgage, taxes, etc. which far exceeded 1k a month. Everything is documented. I have not written a check directly to her for 15 years and she had not been concerned because I was paying her bills. Our daughter has tried to get guardianship but to no avail. My x-wife hired an attorney and won. I paid the attorney bill. Now my x-wife is trying to sue me for 30 years of support. I helped her get Social Security disability five years ago. My income has decreased dramatically since 1985. I should have gone to court after my income dropped, but did not. She moved in with our daughter one year ago and was contributing her Social Security money to the bills, but now refuses to do so.
8 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Probably. Talk to an experienced divorce attorney.
Answered on Sep 13th, 2012 at 1:26 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to consult an attorney who can review all the facts and assess the situation based on the applicable law. Clearly, you should get some credit for things you paid solely for your ex-wife's benefit (if you can prove you paid them), but if you failed to comply with a court order to pay her directly she may have a legitimate claim for something.
Answered on Sep 13th, 2012 at 1:26 PM
Orders/judgments for past due child support only expire by passage of 10 years from the date each order was made.
Answered on Sep 13th, 2012 at 1:25 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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I am not sure what you are asking me. If your alimony obligation was modifiable, file for a downward modification.
Answered on Sep 13th, 2012 at 1:24 PM
Leonard A. Kaanta
There is a 10 year limit to enforce ajudgment.
Answered on Sep 13th, 2012 at 12:23 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Your problem can not be resolved via the internet. You need to retain counsel because this is clearly going to be litigated and you need to prepare your case. However, a substantial change in circumstance may be a reason to reduce the payment.
Answered on Sep 13th, 2012 at 11:58 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney to defend you. You are probably entitled to a set off of the amounts owed because you paid other things. Be mindful, however, that anything over the amount ordered will be considered a gift.
Answered on Sep 13th, 2012 at 11:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes. There are facts and admissions which seem to be made in your narrative. Your really need counsel, you would appear to have a number of defenses. As for the $1000 per month, I will need to review the initial judgment to see if it modifiable.
Answered on Sep 13th, 2012 at 11:25 AM