Is there a statute of limitations for unpaid support?


#1

I have a very complicated separation agreement with my ex. He’s to pay a set amount of child support and alimony. There are provisions where he’s not subjected to late fees or payments if he’s unemployed. During those periods, the amounts will be tacked on to the end of the overall support term. While there have been two stints of unemployment, he’s now not paying any alimony and there are other areas where he’s not complying with the order (paying for orthodontia, etc.)

Due to all the missed payments and unemployment, he’s currently behind by tens of thousands of dollars. In order for me to pursue this in court, it will cost thousands of dollars – money I don’t have when I’m forced to cover for all his shortages. My question is whether there’s a statute of limitations here – does it look bad that I’m not pursuing this legally right now, or will a judge understand that it’s too expensive to pursue when you are already not getting paid?

There are provisions where ex is to cover all my court costs when he is in breech, but when he owes so much and has no assets, it’s unlikely that I’ll recover that money anytime soon. A judge can order him to pay, but if he doesn’t have the money in his bank account, it will be a long time before I see it, right?


#2

There is not a statute of limitations, but I would not advise sitting on your rights. He may try to argue the doctrine of laches and argue that you don’t need the support because you haven’t sought to enforce the agreement. Also, to obtain ongoing support as ordered, you could seek garnishment of wages in your request to the court. If the cost of litigation is a concern, you should consider utilizing Rosen Online where we can assist you with drafting documents and answering questions for a monthly charge.