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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> statute of limitations
Oct 29
2009

Ask A Lawyer: Does A New Live-In Boyfriend Change My Alimony Payments?

Posted by pmcmahon in statute of limitations , Richard Coffee , Maintenance , Cordell Cordell, PC , Child Support , Ask A Lawyer , alimony

Question:

What is the rule for alimony when your ex-spouse's boyfriend moves in? I've talked to a lot of guys about this and there seems to be confusion about the addition of a new live-in boyfriend. Does his income ever make any difference in the amount of maintenance and child support that I'm paying? Does the time that he has lived in the house make a difference? Do I still get right of first refusal when my wife wants to leave the kids with him?

 

Oct 29
2009

Ask A Lawyer: Is There A Statute of Limitations On Submission Of Medical Expenses?

Posted by pmcmahon in statute of limitations , Richard Coffee , medical , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

In my divorce decree, I was ordered to pay 50% of extra medical expenses when submitted to me by my ex. Is there a timeframe/Statute of Limitations for her to submit these? I recently received a request for the past 5 years of extra expenses and want to take a position that is supportable in court. Is there any general protocol that one should follow when submitting requests for payment regarding things decided in court? What are the chances that I can make payments because the lump sum would really hit me hard right now? 

 

Oct 28
2009

Ask A Lawyer: Is There A Statute of Limitations On Unfiled Separation Agreements?

Posted by pmcmahon in statute of limitations , seperation , Separation , Richard Coffee , Legal Strategy , Cordell Cordell, PC , Ask A Lawyer

Question:

My estranged wife and I entered into a separation agreement 2 years ago. It was prepared by a friend of hers and it has proven to be very unfair to me. I was not informed of inheritance laws and child support guidelines before it was signed.

It was never filed with the clerk's office until I filed for divorce this past January. Then her lawyer filed it. I filed on grounds of cruel and inhuman treatment, not the agreement that was made.

Is there a time limit on how long an agreement can be held and not filed? How should I proceed?

Nov 29
1999

Ask a Lawyer: Statute of limitations for maintenance/alimony?

Posted by Dads Divorce in statute of limitations , Maintenance , Legal Strategy , income , business , AZ , Ask A Lawyer , alimony

Question:

My husband and I were contacted last night by his first wife, after no contact whatsoever for over ten years. We reside in AZ, she is in CA. She now claims she is "going after him/us" for back alimony. Alimony was court ordered as a percentage of net income, which my husband had little to none in the 4-5 years after the divorce.I had assets when we married which are all still in my name only. (two homes, one rental property). We have also opened a business in Jan 2004. Questions: 1) Is there a statute of limitations on collection of alimony, and if so, what is it?? 2) Can she force us to pay now, using my assets as the target, even though my husband's name is on nothing? 3) The business we opened was financed through at least 2 properties which I owned prior to our marriage, (I have a paper trail). His name is included on the businss LLC, but it also demonstrates that his financial contribution was nil. Can she make a claim on the business? The business has yet to show a profit.

Answer:

I cannot answer your question specifically to the laws of Arizona or California as I am not licensed in those States. I hate to say that the questions you present are very State specific and I am unable to provide you with more than a very general outline. I suggest that you speak with a local attorney. In my jurisdiction she could enforce the back payment of maintenance (alimony) for 10 years. It is unlikely that the ex-wife could enforce payment through the property listed. However, if you husband is a named member/owner/officer of the LLC she may have a claim against that business. If there is no monetary value or income from the business that is not much of a concern.
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