September 2016 | 380 P.3d 150, 2016 CO 67 (2016)

In re Marriage of Johnson (Colorado 2016)

The doctrine of laches is available as a defense to a claim for interest on child support arrears if the custodial parent has not timely pursued collection of the arrears. Allowing a laches defense protects the right of children to parental support and encourages timely enforcement of unpaid obligations. In this case, the father stopped paying support in July 1994. The mother did not file an action for enforcement until September 2012. In this decision, the Supreme Court did not rule on the application of laches. It determined the defense is available and remanded the case back to the trial court for further hearing on the application of the elements.

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