Jenkins v. Jenkins
Texas Court of Appeals
991 S.W.2d 440 (1999)
- Written by Whitney Kamerzel , JD
Facts
Michael Jenkins (defendant) and Bee Jenkins were married and subsequently divorced. They signed an agreement incident to divorce, and Michael agreed to make monthly alimony payments to Bee. The trial court approved the agreement and incorporated it into the divorce decree. Michael stopped making the alimony payments, and more than two years later, Bee’s bankruptcy trustee (plaintiff) moved to enforce the agreement. Michael argued that the trustee’s claim was barred by the Texas Family Code’s two-year statute of limitations to bring a claim for the division of property that was not in existence at the time of an original divorce decree. The trial court held that the trustee was not barred by the statute of limitations. Michael appealed.
Rule of Law
Issue
Holding and Reasoning (Brigham, J.)
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