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  1. #1
    pstof is offline Junior Member
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    Mar 2007
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    Alimony - statute of limitations?

    What is the name of your state? MI
    Well,actually I have been living in NC since 1996 and was divorced under MI law.
    We did a separation agreement and a sort of DIY divorce, though it was legal. I agreed to pay alimony and did so for about 2 years. I agreed to pay a certain figure each month based on my ability to do so but, like an idiot, did not put a remarriage clause in the agreement. I found out from a friend that she had remarried a year previously (why are we always the last to know?), had two incomes based on my one. I had prviously offered her a settlement of of about $2k less than the total if she wanted it all at once, but she declined on the grounds that she'd spend it all rather than put it in an IRA. (this was about 6 months after the divorce).

    I petitioned the court to void the alimony as she now had 2 incomes and was still recieving my support. Judge ruled against me. I told ex that she would not get another cent off me and I have not payed it since. Having consulted a couple of divorce attorneys in NC I have found that in this state even co-habitation would void alimony regardless of what was in the divorce papers. There then followed several years of silence and over a period of a couple of years we started comminicating again - we do have a, now, grown daughter. In July of 2005 my ex visited me in NC and although still married, she was in the process of divorce from #2. We went through a period of talking about getting back together and had a short affair. During this time she told me she had found a lawyer in NC that was prpared to take her case, but at that time I had not payed her anything and were deciding if we should reconcile or not.

    Although the reconcilliation did not work out we still communicate,however, a couple of weeks ago she made a comment about settling the alimony business. I ignored the comment and it was not brought up again.

    There seem to be statures of limitation to a lot of things these days but does one apply to alimony. We've been divorced 10 years, for 8 of those ten I have not paid alimony, does this ever end? Has anyone any similar experiences, I know state law is very different everywhere you go and MI is till in the Dark Ages with regard to family law?What is the name of your state?
  2. #2
    Bali Hai is offline Senior Member
    Join Date
    Nov 2005
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    6,387
    Quote Originally Posted by pstof View Post
    What is the name of your state? MI
    Well,actually I have been living in NC since 1996 and was divorced under MI law.

    Irrelevant. (that's legal terminalogy for who cares)

    We did a separation agreement and a sort of DIY divorce, though it was legal. I agreed to pay alimony and did so for about 2 years.

    That was stupid.

    I agreed to pay a certain figure each month based on my ability to do so but, like an idiot, did not put a remarriage clause in the agreement. I found out from a friend that she had remarried a year previously (why are we always the last to know?),

    I hope that was a facetious question.

    had two incomes based on my one. I had prviously offered her a settlement of of about $2k less than the total if she wanted it all at once, but she declined on the grounds that she'd spend it all rather than put it in an IRA. (this was about 6 months after the divorce).

    You are losing me.

    I petitioned the court to void the alimony as she now had 2 incomes and was still recieving my support. Judge ruled against me.

    Did you expect otherwise??


    I told ex that she would not get another cent off me and I have not payed it since. Having consulted a couple of divorce attorneys in NC I have found that in this state even co-habitation would void alimony regardless of what was in the divorce papers.

    Well get the alimony voided then.

    There then followed several years of silence and over a period of a couple of years we started comminicating again - we do have a, now, grown daughter.

    Irrelevant.

    In July of 2005 my ex visited me in NC and although still married, she was in the process of divorce from #2. We went through a period of talking about getting back together and had a short affair. During this time she told me she had found a lawyer in NC that was prpared to take her case, but at that time I had not payed her anything and were deciding if we should reconcile or not.

    Irrelevant.

    Although the reconcilliation did not work out we still communicate,however, a couple of weeks ago she made a comment about settling the alimony business. I ignored the comment and it was not brought up again.

    Irrelevant.


    There seem to be statures of limitation to a lot of things these days but does one apply to alimony.

    No, pay up.

    We've been divorced 10 years, for 8 of those ten I have not paid alimony, does this ever end?

    No.

    Has anyone any similar experiences, I know state law is very different everywhere you go and MI is till in the Dark Ages with regard to family law?What is the name of your state?
    Women expect and the courts order alimony (vaginamony) in every state.

    Next question.
  3. #3
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
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    52,663
    OP you are in contempt. NC law does not apply to your alimony. MI law retains jurisdiction. She can take you back to court for contempt since you have not paid. How was your alimony clause written? Was it modifiable? What causes it to terminate? Word for word write it here.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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