Kann v. Kann (Colorado 2017)

Child support and spousal support arrears accrue in two ways, the unpaid principal amount and interest. In cases for collection of spousal support arrears, the defense of laches may apply regardless of the source of the arrears; however, the court reaffirmed its earlier decision in In re Marriage of Johnson, 2016 CO 67 (2016), that laches applies to interest but not principal in child support cases. Policy reasons for allowing the collection of child support principal arrears include: the support is for the benefit of the child, it ensures the child maintains the standard of living he or she enjoyed while the parents were together, and the limited duration of child support.