Legal Question in Family Law in New York

statute of limitations

I entered into a divorce agreement with my ex in June, 1990 whereby I was to give her a balloon payment of $15000 five years from that date (6/95). Part of the agreement called for my ex to pay half of tuitions for the children (I have custody). She (my ex) bounced the first check for tuition and I told her she broke the agreement and that I would pay for the children's education and the $15000 would not be forthcoming. She never said a word until today when I got a lawyer's letter demanding the money.

does a statute of limitations apply in this case?


Asked on 2/13/03, 12:38 am

2 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: statute of limitations

You may have various defenses. No lawyer would be willing to give you more specific advice without first reading the Judgment of Divorce, the Stipulation of Settlement, and the lawyer's letter, etc.

Suggest you consult with an experienced matrimonial attorney.

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Answered on 2/13/03, 7:10 am
Michael Markowitz Michael A. Markowitz, PC

Re: statute of limitations

If the terms of the Settlement Agreement were merged into the Judgment of Divorce, payment of the $15,000 is pursuant to Judgment and not contract. Therefore the statute of limitations period is 20 years.

Mike.

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Answered on 2/13/03, 10:29 am


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