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…

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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…

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Cain v. Jacox (Kansas 2015)

The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.

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In re Marriage of Jones (Kansas 1996)

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…

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