Searching for Defense Laches Child Support information? Find all needed info by using official links provided below.
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.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.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.
http://www.divorcesource.com/research/dl/enforcement/95mar49.shtml
Moreover, some jurisdictions do not even recognize laches as a defense to a child support obligation (see, for example, the discussion of Taylor v. Taylor, 14 Va. App. 642, 418 S.E.2d 900 (1992), in Section II, noting that Virginia does not allow such a defense). Much more successful, if applicable, is the statute of limitations defense ...
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://caselaw.findlaw.com/fl-district-court-of-appeal/1165436.html
The wife argues that this language indicates an awareness by the husband of her potential claim to the disputed child support arrearages. She contends that so long as the husband was aware that there was a potential claim for child support arrearages, the husband can never successfully interpose a laches defense.
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 …
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 passed since the incident has actually occurred. 6 min read
https://www.avvo.com/legal-guides/ugc/the-equitable-defense-of-laches-as-applied-to-arizona-back-child-support-obligations
Dec 02, 2010 · In the matter of In re Paternity of Gloria, 1999 AZ 42033 (AZCA, 1999), the Arizona Court of Appeals considered the issue of whether evidence presented at the trial court established that the appellant unreasonably delayed her attempt to collect child support arrearages from the appellee such that the doctrine of laches prevented the State from …
https://www.justanswer.com/family-law/a72gf-laches-equitable-estoppel-defense-actually.html
Feb 02, 2017 · Can the laches or equitable estoppel defense actually be applied to child support arrears?I read that only in rare circumstances will it be allowed but what are those rare circumstances, and how can i prove it?I am the father of 2 that was ordered to pay child support so that the mother could continue receiving public assistance and she collected while we …
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