Rincon v. Rincon

CLEMENS, Presiding Judge.

Defendant-husband has appealed from a circuit court order which modified and increased plaintiff-wife’s support allowance, originally entered in 1960. Defendant first contends that since the ten-year statute of limitations has run on the original alimony judgment it has been extinguished and there was nothing left to modify. He contends alternatively that plaintiff failed to meet her burden of showing a substantial and continuing change of circumstances.

We find the statute of limitations defense is deficient, both in form and substance. In the trial court defendant…