statute of limitation

[mascot]

.I was divorced in 1994. My divorce states that I was to receive a payment from my ex starting 11.1.94 directly from my ex, not spousal or child support, to pay retirement moneys due to me. At the time I just started dialysis and my mom was dying from cancer...I was stressed and didn't actually know this until I just read it. At the time I was concerned to get legal child support. I literally just went through the divorce again because someone said I could get SS on his retirement. I have been on disability since '11. Is there a statute of limitation to this...to get his retirement I'm suppose to get? Can the discovery rule apply?

 

[Zigner]

.I was divorced in 1994. My divorce states that I was to receive a payment from my ex starting 11.1.94 directly from my ex, not spousal or child support, to pay retirement moneys due to me. At the time I just started dialysis and my mom was dying from cancer...I was stressed and didn't actually know this until I just read it. At the time I was concerned to get legal child support. I literally just went through the divorce again because someone said I could get SS on his retirement. I have been on disability since '11. Is there a statute of limitation to this...to get his retirement I'm suppose to get? Can the discovery rule apply?

What is the name of your US state?

What "discovery rule" are you talking about? You can claim that you didn't know about it, but the fact is that you did know, or should have known. It was right there in your decree.

I would suggest that you consult with a local attorney, because this is not something you're going to be able to do on your own.

 

[LdiJ]

.I was divorced in 1994. My divorce states that I was to receive a payment from my ex starting 11.1.94 directly from my ex, not spousal or child support, to pay retirement moneys due to me. At the time I just started dialysis and my mom was dying from cancer...I was stressed and didn't actually know this until I just read it. At the time I was concerned to get legal child support. I literally just went through the divorce again because someone said I could get SS on his retirement. I have been on disability since '11. Is there a statute of limitation to this...to get his retirement I'm suppose to get? Can the discovery rule apply?

I am going to just address the SS situation since you already got an answer on the other part. As long as you were married to him for at least 10 years, and have not remarried, you can get SS benefits on his earnings record. You do not need any cooperation from him, it doesn't need to be listed in your divorce decree, and it won't take any benefits away from him.

 

[justalayman]

Your failure to enforce a judgment is not going to be allowed due to you forgetting the requirements of the judgment. I say forgot because it’s either that or willingly ignoring what in your divorce decree but either removes a claim of latent discovery. Forgetting is a nicer statement that saying you simply ignored the very important issues within the decree.

Since you didn’t post your state, it is impossible to know the limit imposed on seeking enforcement of the order. It has been 25 years so it’s a stretch to suggest it is likely but the state and the precise action required may affect the answer.

 

[mascot]

I am in Ohio.....unfortunately my inforcing what was due to me was over looked because of needing a kidney transplant and on dialysis to raising 3 children, working full time and my mother dying..being on disability for the past 8 years I could really use the money. is there anything I can due..can the discovery law apply

 

[mascot]

sorry is there anything I can do...

 

[Zigner]

...can the discovery law apply

I don't think that you are asking what you want to ask. If you are asking if the fact that you only "discovered" this now will help you, the answer is no. You knew, or reasonably should have known all along. You need an attorney.

 

[mascot]

ok...have a good weekend