Legal Question in Family Law in Pennsylvania

divorce

20 yrs ago I wrote a note stating that I would give my then husband 10,000 to divorce me. He is currently serving a 17 plus prison term and is now asking the 10,000 we have been divorced for more than 20yrs. I am remarried. Can he collect.


Asked on 3/20/07, 11:10 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: divorce

You asked if a 20 year old debt incurred in connection with a divorce could be enforced now.

Generally debts are unenforceable after the four year statute of limitations. There are some circumstances where debts older than that can be collected for 20 years. And then even other debts can extend beyond that.

The question you need to ask yourself is how much is it worth to you to avoid this debt? Also, if there is a theory under which this debt is still enforceable would it be subject to statutory interest? The interest your ex could seek could easily exceed the principal. Also, the costs of defending an action could easily exceed the principal and any attorney would seek every means to demonstrate that the maximum amount was owed.

You should speak with an attorney who can review the entire situation and come up with a solution that will get you out for the least amount of money and hassle. If you think about it, you had the free use of that money for all that time. Due to inflation, that $10k is worth only a fraction of what it would have been worth back then.

Regards,

Roger

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Answered on 3/20/07, 11:57 am


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