Laches Defense And Child Support
Laches is an unreasonable delay pursuing a right or claim that prejudices the [opposing] party”. The person invoking laches is asserting that an opposing party has “slept on its rights,” and that, as a result of this delay, circumstances for the non-custodial parent have changed and it is no longer just to grant the plaintiff’s original claim. To put it another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches.
In many cases across the country, non-custodial parents, when attempts to collect much older orders involving child support, are trying to use this legal term to get the support waved. Well, I’m here to let you the courts are ruling in the favor of the custodial parent! I recently had the privilege of working with a family from Illinois on a child support case that was over 20 years old. The non-custodial parent, an able bodied, working individual, refused to work with our investigators and in fact told them to “bring it”. Well, we did! We worked with one of our best attorneys in Illinois and a great team was formed of SCI, client and attorney. Depositions were taken, a court hearing ensued and after months of team work, the courts ruled in the favor of our client and issued a new order to collect the support from his current job.
I’m here to tell you that it’s not too late to try and get the support you are owed! I can’t promise this outcome in very case but as long as the statute of limitation has not expired, it may be worth your time and effort to see what can be done to collect the support you and your family are owed. The good news is that Support Collectors is here to help get the ball rolling and see what can be done to collect your child support!