Florida statute of limitations family law

[sharilmurriello]

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.

[sandyclaus]

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?