QUESTION
Can an ex husband still pay me spousal support after thirteen years?
Asked on Aug 26th, 2011 on Child Custody - Arkansas
More details to this question:
Can an ex husband still pay me spousal support if we have been divorced for over thirteen years, and we had two children together? and he paid the child support but not the spousal support?
18 ANSWERS
Steven D. Dunnings
Was payment of spousal support in the judgment or not mentioned? Does the judgment indicate that spousal support is waived and not preserved or words to that effect?
Answered on Jul 09th, 2013 at 1:25 AM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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It is not clear whether your ex was ordered by the court to pay spousal support or maintenance. If he was, then it is possible for your to collect on that legal obligation. If spousal maintenance was not court ordered then it would be difficult to request such at this time. It might be a good idea for you to discuss your matter with an attorney.
Answered on Sep 12th, 2011 at 12:12 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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If there is an order obligating him to pay spousal support, he is legally obligated to do so.
Answered on Sep 02nd, 2011 at 7:07 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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This question is a bit ambiguous. It is not clear whether an order for spousal support was made at the time of the divorce. Spousal support is generally paid for about 1/2 the length of the marriage. In some long-term marriages, spousal support can go on indefinitely. If an order for spousal support was made, your ex owes you the money specified as payable to you under the order - he owes it regardless of how many years have passed. If he did not comply with the order, then you will need to file a motion to enforce the payment. If 13 years have passed without a spousal support order, I would be very surprised if a judge ordered one now.
Answered on Aug 31st, 2011 at 6:37 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your facts aren't clear. If there was a court order requiring payment of spousal support, but ex-husband has not complied with that order, then you can return to the court to pursue enforcement remedies. If there was no order for spousal support, it is unlikely that you could satisfy the legal requirements to obtain spousal support now. You need to examine the original court order for the specifics of your possible options.
Answered on Aug 31st, 2011 at 6:14 PM
If he was ordered to pay the Spousal Support and he didn't, then he is in contempt of an Order of the Court and you can go after the unpaid support as well as 10% per annum interest.
Answered on Aug 31st, 2011 at 5:38 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If he was ordered to pay it and didn't, then it is still due and owing. You should consult with an attorney.
Answered on Aug 31st, 2011 at 1:17 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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You are probably a little too late to request this after 13 years. It depends on what the decree says. I would need more facts, but the answer to your question is most likely NO.
Answered on Aug 31st, 2011 at 1:16 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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7I'm not sure about this question. Were you awarded spousal support at the time of your divorce and never collected it? As so much time has passed, I doubt the court would enforce the judgment now. If you were not awarded support and are asking can you go back now to get it, the answer is no.
Answered on Aug 31st, 2011 at 12:33 PM
Was your spouse ever ordered to pay spousal support (maintenance)? Did he pay it? If the court did not order him to pay maintenance as a part of the original divorce decree, then, it can not come back and do it now.
Answered on Aug 31st, 2011 at 12:31 PM
Roianne Houlton Conner
If it was not awarded at the time of the divorce and the issue was not reserved in the agreement or Order then no.
Answered on Aug 31st, 2011 at 11:46 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You need to see an attorney to review your facts and to determine if the maintenance can still be collected and if the chances of being paid make the cost of pursuing the maintenance worth it. Hopefully yes.
Answered on Aug 31st, 2011 at 10:59 AM
It depends what your judgment says - if you still have an option to request maintenance or not. I recommend bringing your judgment and speaking to an attorney to review.
Answered on Aug 31st, 2011 at 10:51 AM
2 Awards
If the court ordered spousal support as a part of the original Final Judgment, then you can enforce that Final Judgment. If you are just now looking to add spousal support, the answer is no, you cannot do that. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 31st, 2011 at 10:47 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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It depends on your judgment and how the court treated that issue (reserved or terminated).
Answered on Aug 31st, 2011 at 10:24 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Offices of Bradley D. Hochberg
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Part of it depends whether the court retained jurisdiction to deal with spousal support. If the court terminated it, you cannot. if the court reserved jurisdiction, then a request can be made. If it was reserved, the court will order it or not depending on the overall situation.
Answered on Aug 31st, 2011 at 9:54 AM
Glen Edward Ashman
It depends on what the divorce decree says and you chose not to tell us that.
Answered on Aug 31st, 2011 at 9:48 AM
Family Law Attorney serving Little Rock, AR
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Tammy B. Gattis Attorney at Law, P.A.
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If he was ordered to pay it and did not you can take him to court for contempt.
Answered on Aug 31st, 2011 at 9:38 AM