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Is there a statue of limitations on alimony.

Lynchburg, VA |

My husband was divorced in 2004. His ex-wife was awarded alimony. He paid her for 8 months. She told him not to pay her anymore because she was going on disability and the alimony would have an impact on the amount she would receive. In February of 2013 she requested all back alimony. He paid it on Feb. 26th plus her lawyer's fees. She is still on disability. She still has not cashed the check. We feel she is trying to defraud SSI and is waiting for her final approval from them before cashing the check. We know if she doesn't get caught this year she will next year when he files his taxes and shows the alimony as a deductible. Is there anything we can do in the meantime? Should we contact Social Security and make them aware of this? Should she have even gotten the money?

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Attorney answers 2


Your husband violated his court ordered alimony when he stopped making payments without first going to the court to have payments stopped. I suspect you now know that so, the answer to part of your question is 'yes' she should have gotten that money.

If you believe that disability fraud is occurring, report it to the agency concerned immediately.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


Your husband should meet with an attorney. He is obligated to comply with the terms of the decree, or face contempt charges. Your question about whether the ex- should have received the money is not the issue. She should be receiving the alimony, and most likely not the disability. That matter will be between her and the Government. You just don't want to get into the middle of that mess and end up being implicated.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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