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Nov 29
1999
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Ask a Lawyer: Statute of limitations on post secondary education support agreement?Posted by: Dads Divorce on Nov 29, 1999   |
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Question:
In March 1999 I obtained a divorce while a resident of Washington State, I'm now living in Michigan. As part of our divorce settlement, we had a post secondary education agreement, where I was to pay 58%, and my ex-wife 42%, of our youngest daughter's college loan, which is in my name only. It is a large loan and will take years to pay off. She has failed to respond to any of the letters or emails that I've sent, requesting that she send the monthly portion that she owes. Is there a statute of limitations on collecting my ex-wife's portion? Do I still have legal recourse in Washington courts to collect the amount that she owes?
Answer:
I am not licensed in Washington State. Laws will vary from state to state. There is usually a statute of limitation in collecting judgments. The specific limit will vary. Has the money your wife owes you per the decree been reduced to a judgment? If not then the statute of limitations on collecting judgments would not apply. This may be good news for you. If you are still paying on this debt then your time for collecting your ex-wife's portion may not have lapsed. I would look into collecting it immediately. Even if there is no statute of limitations, laches may apply. Laches is a term of art. Basically, it means that if you fail to pursue the issue over time your right to do so may lapse.
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