Here is a quick FYI if you’ve been owed alimony (known as spousal support) and haven’t been paid.
In Arizona, there is a three year statute of limitations for collecting alimony.
The statute ARS 25-553 states that you need to request a judgment for unpaid spousal maintenance not later than three years after the date the spousal maintenance order terminates. As long as you file within the time frame, there is no limit on how much of the unpaid support you may collect.
For instance, if you have a 10-year award of maintenance that has never been paid that expires on January 1, 2013, you must file to get a judgment of unpaid support no later than January 1, 2023. At that point, you can get a judgment for the entire 10 years of unpaid maintenance. That judgement will be NON-DISCHARGEABLE in bankruptcy.
Here is the statute:
25-553. Request for arrearages; deadline
A. The person to whom the spousal maintenance obligation is owed may file a request for judgment for spousal maintenance arrearages not later than three years after the date the spousal maintenance order terminates. In that proceeding there is no bar to establishing a money judgment for all of the unpaid spousal maintenance arrearages.
B. Notwithstanding any other law, formal written judgments for spousal maintenance and for associated costs and attorney fees are exempt from renewal and are enforceable until paid in full.
C. If termination of the spousal maintenance order is disputed, this section shall be liberally construed to effect its intention of diminishing the limitation on the collection of spousal maintenance arrearages.
For assistance collecting unpaid alimony, spousal maintenance or spousal support, give us a call or an email.
Modern Law provides family law attorneys for family law issues throughout Arizona. Our attorneys practice exclusively family law and are committed to achieving results for our clients. Call 480-649-2905 to schedule a confidential consultation to discuss a legal solution and options that best fit your budget and situation.
