September 2014 | 921 P.2d 839, 22 Kan.App.2d 753 (Kan.App. 1996)

In re Marriage of Jones (Kansas 1996)

The doctrine of laches is an equitable principle designed to bar stale claims. When a party neglects to assert a right or claim for an unreasonable and unexplained length of time and the lapse of time and other circumstances cause prejudice to the adverse party, relief is denied on the grounds of laches. The mere passage of time is not enough to invoke laches. The court must consider the circumstances surrounding the delay and any disadvantage to the other party caused by that delay. Under the facts of this case, where the obligor and obligee agreed to a child support payment of $1,200 a month, placed the figure of $1,800 in the divorce decree solely for the purpose of deceiving a lending institution into making a loan to the obligee, and the obligee made no claim for the additional $600 a month for 12 years, the trial court did not err in applying laches to the claim.

In re Marriage of Jones.pdf

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