Statue of limitations

[dmora58741]

What is the name of your state?Texas
I got divorced 10 years ago. In my divorce decree it reads, I am to give my ex husband 10,000 upon the following of the first.....I live with an unrelated male, I get married or my youngest son turns 18. This is not party of a property settlement. I agreed to this only if he agreed to not take my kids around one of his family memebers who had been indited on child molestation charges. He agreed and then immediately took them to visit that relative. In the divorce decree.....it does not cross referance the 10,000. to the other provision. So it is looking as though I will owe him the money. However, I was wondering if there is a statue of limitations on this...My current husband and I cohabitated 9 years ago. He found out and stopped visiting his kids. He did not pursue the 10,000. back then because he KNEW our agreement, however over the years he must have noticed that one provision does not cross referance the other now he is sueing me for 10,000. shouldn't he have had to do this upon the following of the first?

[JETX]

Originally Posted by dmora58741

shouldn't he have had to do this upon the following of the first?

Of course you can raise that at your trial... but no.
The problem is, your order stipulated three different events and until EACH of the three expire the order would remain valid. So, how old IS your youngest son??

[dmora58741]

The order says " D is to pay G upon the occurance of the FIRST. She lives with a non related male, gets married, elects to sell the marital estate or her youngest son turns 18. Our youngest son is 15. My point is the occurance of the first was when my now current husband moved in 9 years ago. My ex knew this. The money became a judgement upon the following of the first.

[LdiJ]

Originally Posted by dmora58741

The order says " D is to pay G upon the occurance of the FIRST. She lives with a non related male, gets married, elects to sell the marital estate or her youngest son turns 18. Our youngest son is 15. My point is the occurance of the first was when my now current husband moved in 9 years ago. My ex knew this. The money became a judgement upon the following of the first.

That is interesting...not only did you cohabitate but you also got married.

It might be possible to make a case that a statute of limitations has expired.
I recommend a consult with a local attorney. Statutes of limitations are usually pretty state specific.

The whole clause is odd enough...since it wasn't part of the property settlement....that its enforceability may even be in question.