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  1. #1
    Join Date
    Oct 2010
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    1

    Default What is the Laches Defense

    My question involves child support in the State of: Florida

    I do have a florida court order for ex to pay child support. He has not paid in the last 10 years. IBecause of fear, I never pursued...Now I am but he is stating that I will not receive back child support due to his laches defense. What is this? How does florida judges look at this laches defense regarding past due child support that was not pursued until 10 years later? (The child is now only 13)

  2. #2

    Default Re: What is the Laches Defense

    Quote Quoting sami
    View Post
    My question involves child support in the State of: Florida

    I do have a florida court order for ex to pay child support. He has not paid in the last 10 years. IBecause of fear, I never pursued...Now I am but he is stating that I will not receive back child support due to his laches defense. What is this? How does florida judges look at this laches defense regarding past due child support that was not pursued until 10 years later? (The child is now only 13)
    It's irrelevent what HE says about application of laches. What counts is what your ATTORNEY, in light of reading your support order, and understanding when payments were ordered, how long they continued before stopping, and any and all attempts or lack thereof you can show in regard to following up on support. A laches defense is similar to claiming that due to inactivity on your part (failure to attempt to collect) that the arrears are now uncollectable. It sounds great on paper, and there most certainly have been numerous cases where such a defense has worked, largely in cases where NO attempt at collection has been pursued. So yes, it's possible that a total failure to pursue the matter for 10 years could work in his favor. You need to get your support order and associated paperwork to an attorney ASAP.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What is the Laches Defense

    http://www.lectlaw.com/def/l056.htm

    basically, laches is a defense claiming that since you failed to claim your rights for such a long time, you should not be able to enforce your rights now.

    apparently it has been used, and upheld in Florida.

    http://www.4dca.org/Mar2004/03-03-04/4D02-4621.pdf

    whether it is applicable and supportable in your case would require a court to determine. I don't know what the fear issue is but if it delayed you seeking to have the order enforced, I would believe it would help your case.

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