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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31015
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Ex husband owes s half of community debt repayment ordered

Customer Question

Ex husband owes his half of community debt repayment ordered by the court back in 1997. I just found him. Is there a statute of limitations on collecting
JA: Thanks. Can you give me any more details about your issue?
Customer: He was ordered to pay his half of community debt and didn't. I've found him and he had his attorney sent me a stipulation agreeing to 5,000 dollars on a debt of over 75,000 dollars
JA: OK got it. Last thing — Family Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Family Law
Expert:  Roger replied 10 months ago.

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

What state are you in?

Customer: replied 10 months ago.
I now reside in Arkansas. I was in contact with the Family Court Facilitator who advised that one could request a telephone hearing by filing the necessary documents. That was before I found my exhusband on Facebook and began communicating. He has found an attorney who would like to file a a Stipulation and Order Re Payments on Debts. However, using my documentation, I have come to the conclusion that my exhusband owes me in excess of $75,000.00 based on my assumption that there is a 10% per annum interest rate on what he owes and that court ordered debt payments have no statute of limitations and is therefore "greentreed". I am also under the impression that the court doesn't care how the total community debt was paid by me and that my exhusband in still liable for his half plus interest to date.
Expert:  Roger replied 10 months ago.

Ok. Thanks.

Under Arkansas law, a property settlement agreement is governed by a 5 year statute of limitation, and a judgment is governed by a 10 year statute of limitation. Here's a good case you can read that outlines this issue: https://cases.justia.com/arkansas/court-of-appeals/55619.pdf

Thus, it's likely that you'd be out of time under either statute since you're nearly 20 years out from the date.

Customer: replied 10 months ago.
The case in question is in Superior Court, San Joaquin County, California
Expert:  Roger replied 10 months ago.

Ok. You mentioned Arkansas when I asked about the state, so I thought that's where the proceeding was.

In Caifornia, the statute of limitations for contempt is only 2 years from the date of the violaton (date you were supposed to be paid).

Expert:  Roger replied 10 months ago.

Also, the statute of limitations for written contracts is 4 years, and the statute of limitation for a judgment is 10 years: http://statelaws.findlaw.com/california-law/california-civil-statute-of-limitations-laws.html

Expert:  Roger replied 10 months ago.

So, you're not likely to fare any better under CA law.

Customer: replied 9 months ago.
Courts: The Judicial Branch of California
A family law money judgment will last until paid in full or satisfied in some other way. Unlike other money judgments (where the person who is owed the money has to renew the judgment every 10 years), family law money judgments do NOT expire. So you do not have to file a request for renewal of the judgment. Your court order will be valid until paid in full.
Money judgments accumulate interest at the legal rate of 10% per year. The interest accumulates daily. So, for example, if you have a judgment for $10,000 and you get no payments for the first year, the interest that would accumulate would be $1,000 after 1 year, or $2.74 per day.
In some cases, you may decide to renew your judgment. The reason to do this is that when you renew a judgment, you update the amount that you are owed to add the accumulated interest and costs you have incurred since the judgment was entered, plus show credit for any partial payments that have been made.
All the interest, costs, plus the unpaid principal are added together, and it becomes the new principal. This means that the accumulated interest and costs become part of the principal, and future interest will accumulate on a higher amount and will be higher.
For example: if you have a judgment for $10,000, the yearly interest would be $1,000. After 9 years, you would be owed $10,000 plus $9,000 if you had not received any payments along the way. If you do not renew your judgment, there will continue to be $1,000 in interest added yearly. But if you renew after 9 years, the new principal becomes $19,000, which means that the yearly interest, after renewal, would be $1,900 ($900 more per year than if you had not renewed the judgment).
Expert:  Roger replied 9 months ago.

Hi - this question has timed out, but if you wish to continue, please authorize additional time. Thanks.

Customer: replied 3 months ago.