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NYState Statute of Limitations: Alimony

Discussion in 'Alimony & Spousal Support' started by Isaac, Jan 26, 2002.

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  1. Isaac

    Isaac Law Topic Starter New Member

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    My ex is threatening to sue me for child support arrears. Divorce was final January '96. I am somewhat in arrears, but can prove ongoing support with cancelled checks to her and various schools, day camps,etc..

    She is an attorney. When I said I would turn around and sue her for alimony (she makes THREE TIMES what I make in a year), she fell silent.

    Is there a statute of limitations in New York State for filing for alimony, if I have not remarried?

    Thanks for your reply.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I can't say that I know the answer to this question, but I don't think you can sue her for alimony after the divorce decree has been issued and the issue finalized. Statutes of Limitations are usually used in order to make sure an action is brought in a timely manner. The action that would have been brought is divorce with a request for support. Additionally, it's also 6 years later -- most statutes of limitations in NY for civil actions run for no more than 3 to 6 years. Your ex may have fell silent because she has no idea herself.

    That said, I would think that you might want to ask for a reduction of support given your respective income levels, if appropriate.
     

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