Don’t Ignore Past-due Divorce Obligations

Sometimes people wait on going to court over divorce obligations. Waiting longer than 7 yeans can prove costly. Under Mississippi Code Annotated section 15-1-43,

[a]ll actions founded on any judgment or decree rendered by any court of record in this state” must be “brought within seven (7) years next after the rendition of such judgment or decree[.]

The Mississippi Supreme Court has consistently held that this seven-year statute applies to actions to recover past-due alimony and child support, with the seven years starting from the date the alimony or support became vested, and not the date the judgment awarding alimony was entered. E.g., Ladner v. Logan, 857 So. 2d 764, 772 (¶¶26-27) (Miss. 2003) (past-due child support); Rubisoff v. Rubisoff, 242 Miss. 225, 235, 133 So. 2d 534, 537 (1961) (past due alimony)