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…
Read MoreIn 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…
Read MoreState on behalf of LLB v. Hill (Nebraska 2004)
Child support arrears will not be forgiven under an equity argument if a parent’s lack of diligence lead to the accumulation of the arrears
Read MoreCain 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.
Read MoreMalinak v. Malinak (North Carolina 2015)
If there is a court-ordered support obligation, the doctrine of laches does not bar the recovery of unpaid child support.
Read MoreIn 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…
Read MoreIn re Marriage of Burton (Kansas 2001)
The doctrine of laches is applicable in child support cases.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
Defendants in paternity support actions may not invoke the defense of laches as a bar to the enforcement of moral and legal obligations to their minor children.
Read MoreState ex rel. SRS v. Cleland (Kansas 2009)
A trial court’s application or denial of the doctrine of laches is reviewed for an abuse of discretion.
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