Ex wife was awarded divorce judgement and waited almost 10 years before taking me back to court for not paying is there a limitation on this ( years )
Divorce / Separation Lawyer
Hi, A judgment normally is for 6 years. It can be renewed. Talk to an attorney for more advice and information. Good luck to you.
I believe judgments are good for 10 years (sometimes from date of last payment). Thus, suit on unpaid child support can be started up to 10 years from the date the child support was due.
As Mr. Gornbein suggests, talking to a lawyer to learn your specific rights is a great idea.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
Family Law Attorney
Actions to enforce divorce judgments are governed by the 10-year statute of limitations for actions on judgments and judicial decrees. See MCL 600.5809(3); see also Torakis v Torakis, 194 Mich App 201, 486 NW2d 107 (1992).
The 10-year period begins to run when the cause of action accrues; for support orders enforced under the SPTEA, the limitations period begins when the last support installment is due regardless of whether the last payment is made. See MCL 600.5809(4).
Payments on past-due child support, including income withholding payments, are payments on a debt and therefore act to lengthen the 10-year limitations period of MCL 600.5809(3).
Actions to enforce divorce judgment liens on real property are governed by the 15-year limitations period for the foreclosure of liens. MCL 600.5803.
As you can see there are many different answers to your question. It depends on what she is trying to enforce.
Feel free to contact my office to discuss further.
Peter Kulas 616.610.0844
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Family Law Attorney
The statute of limitations for property division or support is 10 years. The statute of limitations for contracts is 6 years. In some divorce cases, a "settlement agreement" is incorporated into a judgment. When this occurs, the settlement agreement is enforced in contract (6 years). The Judgment is still 10 years.
Two additional points:
A Judgment can be renewed before the running of the statute of limitations.
Partial payment on a debt also renews the statute of limitations even if the statute has already run.
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