Your divorce decree dictates the actions you and your ex-spouse need to take post-divorce, such as distributing property and paying alimony or child support. You may also desire to modify your separation agreement after it has been finalized. Enforcing either of these actions typically requires you to stick to a specific timeline — known as the statute of limitations.
Learn more about this statute and how it affects your rights and options post-divorce.
Statute of Limitations for Enforcing Child Support and Alimony
If your spouse agreed to provide child custody or alimony under your separation agreement, you expect them to send the payments by the specified deadlines. But what happens if they fail to do so?
You can take them to court to enforce alimony and child support orders, and both Pennsylvania and New Jersey statutes give you a generous amount of time to do so. Pennsylvania has no statute of limitations for enforcing child support and alimony, and you have 20 years to go after missed payments. In New Jersey, you have until a child turns 23 to collect back child support.
While these deadlines are generous, you should stick to reasonable alimony and child support timeframes. The sooner you take enforcement action against your spouse, the faster the process will be. Trying to enforce these orders five or ten years down the line will make it more challenging to access the original support orders and provide evidence of your spouse’s failure to pay.
Additionally, enforcing these orders down the line likely means you want to request a lump sum equal to the amount your spouse owes you. If your spouse can’t afford this lump sum, you probably won’t have much luck in this endeavor.
Timeline for Property Division Enforcement
Your separation agreement likely lists the property that will go to each spouse after the divorce. But what happens if your spouse fails to transfer the stock, retirement assets, or property they agreed to?
In Pennsylvania, a party usually has 90 days to enforce a property division order. In New Jersey, you can file for contempt of court within two years of your spouse’s failure to provide the specific property.
Again, the sooner you seek to enforce this aspect of the divorce decree, the better. Talk to your attorney if your spouse is refusing to cooperate.
Statute of Limitations for Modifying Your Separation Agreement
Your separation agreement doesn’t need to be permanent. You can seek to modify the agreement through a court order if at least one year has passed since you signed the original decree.
You’ll need to meet a few modification criteria to show that exceptional changes in circumstances have occurred and provide documentation of financial changes.
Contact Karen Ann Ulmer, P.C., Today
Do you need legal representation in a divorce in New Jersey or Pennsylvania? Are you seeking assistance with spousal support modifications, wanting to explore mediation and negotiation options, or needing help enforcing your divorce decree within the statute of limitations?
Karen Ann Ulmer, P.C., offers personalized legal assistance. Call (866) 349-4461 to request a confidential consultation.
