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What is the statue of limitations on a court ordered divorce…

Customer Question
What is the statue...

What is the statue of limitations on a court ordered divorce settlement

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Michigan. Divorce is 19 years old

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was ordered to pay my wifes student loans of which I paid part. Now she is asking me to pay the balance

Submitted: 6 months ago.Category: Family Law
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12/29/2017
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,460
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks for your patience. There is no statute of limitations on a court ordered divorce settlement. The settlement is going to be enforced into perpetuity or until the court sets some reasonable deadline. For example, if the court said that you were to pay her student loans, but it was limited to a certain time frame (e.g. five years after the divorce), then the order is no longer enforceable on those grounds. Otherwise, if there is no other indication about a time limit, it is still enforceable. if there is nothing in the agreement that says that you must pay the entire balance, then you do not need to do so. But if the order is in there, then you must.

Did you have any other questions for me regarding this?

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Customer reply replied 6 months ago
The interest is now as much as the loan. Am I obligated to the interest as well?
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

It depends in part on what's in the decree. You may need to ask the court for a more definitive order in light of this situation if it's not clear or you and your wife can work out a private agreement to assist with the matter. But if it just says "pay the student loan" then I don't see why you would be bound to pay for the entire amount of the interest unless you didn't pay it previously. Did you have other questions for me?

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