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https://www.gregoryforman.com/publications/the-laches-defense-in-family-court/
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. It remains unclear whether evidentiary prejudice remains a valid laches defense.
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.expertlaw.com/forums/showthread.php?t=138936
Apr 10, 2012 · A successful Laches defense (even in FL) is very rare. The parent needs to speak with an experienced attorney. But just to clarify - Mom is, because Dad is filing to stop alimony, now attempting to collect the 1 year's worth of child support plus 18 years' worth of interest on top of that?
https://www.floridasupremecourt.org/clerk/briefs/2005/1801-2000/05-1813_JurisIni.pdf
IN THE SUPREME COURT STATE OF FLORIDA CASE NO. SC05-1813 ... under the Florida Child Support Guidelines.2 (A:2). The trial court found that the two children were emancipated and ... The equitable doctrine of laches may be employed as a defense to a claim for past child support.
https://caselaw.findlaw.com/fl-district-court-of-appeal/1165436.html
In Dean, this court considered a thirty-year-old claim for child support arrearages, which the husband contended was barred by the doctrine of laches. This court used a four-part test for laches which was drawn from a Florida Supreme Court decision which applied the laches doctrine in a real estate context. 1
http://www.divorcesource.com/research/dl/enforcement/95mar49.shtml
The appeals court affirmed. It recognized the general rule that laches is not a defense to an order to pay child support. Here, however, no child support obligation had been established. Moreover, evidence suggested that the husband had been in Alabama during the child's minority and that his whereabouts were known even to the wife.
https://www.orangecountydivorcelawyerblog.com/laches-viable-defense-collection-child-support-arrearages/
The appellate Court ruled that child support cannot be waived by inaction. That Mom was asserted the rights of her child not her legal rights. 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.
https://www.upcounsel.com/laches-defense
Laches Defense: Everything You Need to Know. Laches defense is a legal defense that you can claim in a civil dispute if an unreasonable amount of time has …
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 ...
https://www.avvo.com/legal-guides/ugc/the-doctrine-of-laches
Aug 01, 2011 · In conclusion, the doctrine of laches can be a very powerful tool for a defendant. All the elements of laches must be present, however, or the defense cannot be maintained. As always, please be sure to seek the consultation of an experienced attorney in your area to determine if laches is applicable to your case.
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