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Florida statute of limitations family law

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  • Florida statute of limitations family law

    I live in Florida my husband and I have been divorced since Dec 2004 our divorce agreement signed by a judge stated that I had to pay my ex 30k for the equity in our home. I paid the 30k in 2004. Now in 2013 ex husband has filed a contempt of court claiming that I have not paid him the 30k. it is almost 10 years later. Is there a statute of limitations on when he can file a contempt for the 30k that he claims I did not pay. It has been paid and he signed a quick claim deed.

  • #2
    Re: Florida statute of limitations family law

    I'm not sure about which SOL would apply, except potentially an SOL for a civil judgment. For judgments, that would be 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

    The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

    Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

    More importantly, however, is if you do intend to challenge the contempt filing, is that you are able to prove you paid the $30k as identified in the divorce agreement. If the SOL has not yet expired, then you'll have to prove you paid in order to prevail - and if you can't, if you are claiming you already paid it, you'll have to pay it AGAIN.

    So, do you have a copy of any/all receipts and/or proof that the full $30k was paid as you claim it was?
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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