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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31498
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a spousal support award my ex has ignored. The

Customer Question

I have a spousal support award my ex has ignored for years.
The judgment of divorce docketed in 1995 stated I was to received 25 percent of his annual employment bonus with no cap.
He was to supply me with a copy of the bonus check and a separate check dated to me.
He did this for 2 years only, then made it appear as if he kept changing jobs, so hard to track hie employment. I have now gotten proof via Linkedin his bonafide employment records for the years pertaining to the Judgment.
Can I motion the Court for aid to litigants right?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Generally, judgments are only enforceable for 20 years from the issued date under NJ Stat. §2A:14-5....so you may be out of time to enforce it since you're at or past the 20 year mark.

If your judgment hasn't expired, then you may be able to file a motion for contempt and request a show cause hearing to have him appear and explain why he hasn't paid and have the judge order him to pay......but some of the amounts may not be recoverable due to limits on filing contempt in regard to violations of the judgment.

So, the likelihood of recovering everything you're owed is unlikely......but you should consult a local lawyer to review the court file to see what options are available based on the findings in the court docket.

Customer: replied 1 year ago.
Can I renew the judgement?
He lied about where he worked, and Now I finally found out where and when he worked at the place.
Where are my rights?
Customer: replied 1 year ago.
Why can I not file a contempt charger or a motion to enforce litigants rights, when he purposely hid employment?
Expert:  Roger replied 1 year ago.

You can make a motion to re-open the time to enforce the judgment, etc., but if the time has run out, you'll have to convince the judge that there was no way you could have found this information out before and you'd have to prove that you made attempts to find out his information, etc.

Expert:  Roger replied 1 year ago.

If you can prove this, then the judge could allow time t be re-opened.

Expert:  Roger replied 1 year ago.

But, if the statute of limitations has run out, you've got a tough road ahead.

Customer: replied 1 year ago.
The divorce judgment was dated May 1995
Do I have until Dec 31 to file????
He produced two bonus check paymnets, one he paid the other was reduced to judgment in 2001. I clearly could not obtain this stuff from him. He lied about where he worked.
He was supposed to supply me with copies of his bonus checks when he was employed by a specific company.
He lied and stated he changed companies, thereby prohibiting me from the bonus checks. I found out he worked for the company for 11 straight years and gave me nothing.
Expert:  Roger replied 1 year ago.

You'd have 20 years from the date of the judgment....not calendar years.

Thus, you're probably facing an issue with time.....but you can file your motion for contempt and see if he raises the statute of limitations issue.....and if so, you can ask the court to re-open the time and allege that you should be allowed to pursue the judgment due to his fraud.

Customer: replied 1 year ago.
I did try to revist this in 2005 and 2006, via motions,,, does this not Count?
Expert:  Roger replied 1 year ago.

It wouldn't count to extend the statute of limitations UNLESS you renewed the judgment for an additional period (which is possible, but is usually only done/allowed within the final year of the statute of limitations). But, you'd just have to look at the court order to determine whether or not you renewed the judgment --- if you did, you could still be within time to take action.

Customer: replied 1 year ago.
I just came from the court house and showed a clerk my Settlement Agreement.
He said, unless it is clearly stated, a settlement does Not expire even though the divorce settlement is termed the Dual Judgment of Divorce.... It is this treated differently, or is the clerk wrong?
Expert:  Roger replied 1 year ago.

We've been discussing your "judgment for divorce" that ordered him to pay....and the judgment will be governed by the statute of limitations we've been discussing. IF you have a settlement agreement that is separate from the judgment, you could try to enforce it, but there are going to be statutes of limitation that apply to that document as well....probably the 6 year statute of limitations regarding a contract breach. I've never seen a document that transcended all statutes of limitation, but if the clerk seems to believe you can still collect, then as I said before, file your motion and see what your ex does.....if he doesn't raise the issue about the statute of limitations, you could skirt the entire issue. But, if he does, you'll just have to go to court and let the judge decide.

Expert:  Roger replied 1 year ago.

Also, if the judge does find that your time is up, you can always request that it be re-opened due to his fraud as discussed above.