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https://www.denverfamilylawmatters.com/blog/laches-family-law-cases
Apr 24, 2018 · Instead, it is used as a defense. Understanding this term is important if you plan to pursue child support payments or spousal maintenance. What is Laches? Laches is a legal defense that allows the defendant to claim that the plaintiff's extended delay in pursuing legal action has created an undue and unjust hardship for said defendant.
https://www.supportcollectors.com/laches-defense-and-child-support/
Laches Defense And Child Support Laches is an unreasonable delay pursuing a right or claim that prejudices the [opposing] party”. The person invoking laches is asserting that an opposing party has “slept on its rights,” and that, as a result of this delay, circumstances for the non-custodial parent have changed and it is no longer just to grant the plaintiff’s original claim.
https://www.gregoryforman.com/publications/the-laches-defense-in-family-court/
Frequently invoked in cases where one party seeks to collect years of back child support, alimony or equitable distribution payments, laches, if successful, will void the previous violations of the order (though not the future enforcement of the order).
https://www.orangecountydivorcelawyerblog.com/laches-viable-defense-collection-child-support-arrearages/
Interestiingly in California Family Law section 291 permits Laches as an affirmative defense in Child support actions only when it is an action by the State of California. State of Georgia as California states Laches cannot be asserted on behalf of a parent who is in arrears of child support.
https://njfamilylaw.foxrothschild.com/2013/02/articles/child-support/laches-we-dont-need-no-stinking-laches/
Plaintiff’s child support was always enforced through wage garnishment by probation. Although the motion record did not include any pay stubs for the period prior to the audit, it did include pay stubs received immediately prior to the filing of the motion.
https://www.expertlaw.com/forums/showthread.php?t=138936
Apr 10, 2012 · If one wants a child support agreement that is worth more than a kleenex, it MUST be done through the courts. Otherwise, situations just like this one arise. Yes, the courts can be a royal pain in the tukus - but they are the only way to protect yourself when the other parent suddenly decides to change the game plan on you - and then asks the court to apply a decade or more of past "differences".
https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2014/14SC756.pdf
whether laches is an appropriate defense in an action to collect interest on past-due child support and 1in doing so, to resolve the arguable tension in our precedent.
http://www.divorcesource.com/research/dl/enforcement/95mar49.shtml
While laches has seldom been successfully asserted to deny a custodial parent's claim for child support arrearages, the statute of limitations defense has been used successfully to bar claims of at least a portion, if not all, of past-due child support.
https://www.gregoryforman.com/publications/equitable-estoppel-as-a-defense-to-support/
Strickland, 375 S.C. 76, 650 S.E.2d 465 (2007), abolished the defense of laches in the collection of back child support or alimony, while authorizing the continued use of a similar defense, equitable estoppel, in such collection cases. Equitable estoppel is actually a more powerful defense than laches as it not only blocks past enforcement of the order but stops future enforcement too.
https://answers.yahoo.com/question/index?qid=20070624092356AA4nbYZ
Jun 24, 2007 · Laches would not apply here, as 1) the CSE is not a party, and 2) a court will never apply laches to deny a child its right to be supported. EDIT ON YOUR ADDITIONAL FACTS - CSE would be a …
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