Statue of limitations on spousal support


Our divorce was finalized in July 2015. We mediated a separation agreement with me paying spousal support. That document was part of the divorce.

I had some personal circumstances that have occurred. There was no way I could pay my creditors and her the full amount per the agreement. I have been paying her less than what is in the agreement.

Separation agreement states we must go to mediation before any legal action. I am planning on having a proposal to repay the arrears. In order to calculate that amount how far back do I have to go. I assume there is some sort of statute of limitations.



There is no statute of limitations. It sounds like you need to modify/amend the terms for alimony. You would only need to modify/amend the new payment terms to match the unpaid amount in original agreement but so that it is doable for you to make each month.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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