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.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2016–2021 · leading case:
Marriage of Ames v. Ames, 370 P.3d 115 (Ariz. Ct. App. 2016).
Marriage of Ames v. Ames, 370 P.3d 115 (Ariz. Ct. App. 2016).
· cites it 39× “At that point, however, Husband orally moved to dismiss the petition, contending the action was barred by a three-year statute of limitations (AR.S. § 25-553) governing enforcement of spousal maintenance orders.”
Langbehn v. Langbehn (Ariz. Ct. App. 2021).
· cites it 12× “LANGBEHN Decision of the Court decree arguing A.R.S. § 25-553, not A.R.S. § 12-548, was the appropriate time limitation statute for spousal maintenance arrearage collection actions.”
Coburn v. Rhodig (Ariz. Ct. App. 2017).
· cites it 2× “The wife filed a petition to enforce the decree in May 2014, which the superior court dismissed pursuant to the three-year statute of limitations applying to spousal maintenance enforcement actions found in A.R.S. § 25-553(A). Id. at ¶¶ 3, 5. On appeal, the wife argued the court…”
— Ariz. Rev. Stat. § 25-553(A) — 3 cases
Marriage of Ames v. Ames, 370 P.3d 115 (Ariz. Ct. App. 2016).
“At that point, however, Husband orally moved to dismiss the petition, contending the action was barred by a three-year statute of limitations (AR.S. § 25-553) governing enforcement of spousal maintenance orders.”
Coburn v. Rhodig (Ariz. Ct. App. 2017).
“The wife filed a petition to enforce the decree in May 2014, which the superior court dismissed pursuant to the three-year statute of limitations applying to spousal maintenance enforcement actions found in A.R.S. § 25-553(A). Id. at ¶¶ 3, 5. On appeal, the wife argued the court…”
Langbehn v. Langbehn (Ariz. Ct. App. 2021).
“LANGBEHN Decision of the Court decree arguing A.R.S. § 25-553, not A.R.S. § 12-548, was the appropriate time limitation statute for spousal maintenance arrearage collection actions.”
— Ariz. Rev. Stat. § 25-553(C) — 1 case
Marriage of Ames v. Ames, 370 P.3d 115 (Ariz. Ct. App. 2016).
“At that point, however, Husband orally moved to dismiss the petition, contending the action was barred by a three-year statute of limitations (AR.S. § 25-553) governing enforcement of spousal maintenance orders.”
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