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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34975
Experience:  16 yrs. of experience including family law.
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what is the statue of limitations for filing for spousal support

Resolved Question:

what is the statue of limitations for filing for spousal support after divorce is final?
Submitted: 7 years ago.
Category: Family Law
Expert:  P. Simmons replied 7 years ago.
What state is this? Was support addressed in the divorce decree at all? If not, why not?
Customer: replied 7 years ago.
State of NJ and I didn't request alimoney, just child support. Although I was informed that I could receive it. The child support is soon to stop, but I still need financial help.
Expert:  P. Simmons replied 7 years ago.


If this was not addressed in the original divorce, its most likely too late to request it now. There is not a statute of limitations...either side and request to MODIFY support at any time if there is a change of circumstances...the problem you have is you never had an order of spousal there is nothing to modify.

At this point, the only way to get it is to petition the court to re-open the proceeding...but the standard is would need to show that the other party (your ex) committed fraud on the court and this fraud is the reason that spousal support was not requested prior.

Sorry to have to bear bad news, but at this point I do not think you will be able to get the court to award you spousal support.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
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