Cranbury, NJ asked in Family Law for New Jersey

Q: Family court statute of limitation in NJ Family court

I have been divorce in 12/2008. In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo and saved me and my daughter from losing our home. Our daughter will be a college freshman in September and he is using that money to be applied towards his portion of her tuition. The money was a gift and since 2015 we have been to family court several times regarding other issues. On June 2020 I received a raise in child support from the family court judge. My former spouse never asked for this money back and has nothing in writing just the cancelled checks. Am I protected under the statue of limitations since it has been over 6 years and he has never asked for payment. Thank you

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: You wrote:

In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo

and saved me and my daughter from losing our home.

Now your daughter is in college and your ex wants to use the equity from the condo to help pay for the cost of your daughter's college costs and since there was nothing in writing as to his actions in saving your condo from being lost in foreclosure, you want to know if the statute of limitations applies to bar him from addressing his actions now when the issue of college is before the court?

My suggestion is that you and your ex meet with a family law attorney jointly for mediation purposes to try and figure out a fair solution to payment of your daughter's college costs - if your ex was willing to "do the right thing" to help you and your daughter years ago, maybe you and he can work through this issue as well without a battle.

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