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https://www.denverfamilylawmatters.com/blog/laches-family-law-cases
Apr 24, 2018 · Laches in Child Support Cases. Laches also came up in another case in 2016. In this example, a mother filed suit against her ex-husband in an attempt to gain interest on child support payments, but the father was able to successfully assert laches as a defense.
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.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.
http://www.divorcesource.com/research/dl/enforcement/95mar49.shtml
In the above cases, the courts refused to bar a claim for child support arrearages where the support obligor asserted the affirmative defense of laches. The courts have cited the strong public policy of holding parents to their familial support obligations as a major reason.
https://www.merlinusmonroe.com/2011/04/28/the-doctrine-of-laches-in-georgia/
Email; The Doctrine of Laches is defined by the 1990 Sixth Edition of Black’s Law Dictionary as being “based upon [the] maxim that equity aids the vigilant and not those who slumber on their rights. It is defined as neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to [the] adverse party, operates as [a] bar in [a] court ...
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://lawweekcolorado.com/2016/10/laches-allowed-as-acceptable-defense-in-child-support-case/
M any family law attorneys would agree that asserting a defense of laches in child support cases can be rare, however the Colorado Supreme Court concluded Sept. 26 that In re Marriage of Johnson, where the respondent waited 18 years to file a claim, the petitioner may now use laches (of unreasonable delay) as an acceptable defense in an action ...
https://www.expertlaw.com/forums/showthread.php?t=138936
Apr 10, 2012 · Using a Laches Defense to Child Support Arrears, Contempt Motion My question involves child support in the State of: Florida Family Law - Child Support - Laches -1992 Final Judgement awarded $700/mo Child Support to Primary Parent (mother).
https://caselaw.findlaw.com/fl-district-court-of-appeal/1165436.html
In the absence of an explicit limitation period, 4 laches requires a case-by-case determination of the limitation period-a slow and expensive process. In conclusion, the order denying exceptions is affirmed with respect to the dismissal of the wife's claims for child support arrearages.
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