Very old case of arrears child support

[Gabadoo]

I am living in Florida and have just found out that there is no statute of limitations on child support arrears. Many years ago I stopped writing and calling the courts because my ex-husband threatened to kill me if I continued. Much time has passed, my children are grown and I am no longer afraid of him. I feel that this arrears money is my legal due since it was in a court order and because my children and I did enough suffering without it. The State of Florida tells me that there is a Laches Law on the books so they cannot (or will not) help me. My original court order was in Colorado so I am trying to find out if Colorado has a Laches Law so I can go back to where this all started. Any valid information would be greatly appreciated.

Thanks,
Gabadoo

 

[Grace_Adler]

You could try researching the statutes in CO by going to the link above where it says state resources.

Good Luck.

 

[Gabadoo]

Hi Grace: I believe I found my answer (though who can be sure when wading through legalese?!?) and it seems that Murphy is now living in my house. The system "got" me again.

Thanks,
Gabadoo

 

[VeronicaGia]

The Doctrine of Laches basically means you have waited too long to assert your claim, which causes prejudice upon the adverse party:

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

LACHES, DOCTRINE OF - Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another.

Laches is similar to 'statute of limitations' except is equitable rather than statutory and is a common affirmative defense raised in civil actions.

Laches is derived from the French 'lecher' and is nearly synonymous with negligence.

In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In courts of equity delay will also generally be prejudicial.

But laches may be excused from ignorance of the party's rights; from the obscurity of the transaction; by the pendency of a suit, and; where the party labors under a legal disability, as insanity, infancy and the like.
--b--

 

[Gabadoo]

Thanks, Veronica, but the State of Florida won't excuse me from the doctrine of laches for any reason at all. Actually I don't see the term in their statutes and if I decide to persue it I might ask them to show it to me in print. Colorado, on the other hand, does specifically state the doctrine of laches. Even though there is a lot of money at stake, I don't know if I will follow through and fight with these people. I am on disability and don't know if I have the energy to fight the System. Maybe this is what they are counting on. I KNOW that's what my ex always counted on.

Gabadoo

 

[VeronicaGia]

He would claim that the Doctrine of Laches bars you from collecting this past due bill. Only a judge could decide if that is true.

 

[Gabadoo]

It has been a VERY long time. The problem is that I only found out about a month ago that there is no statute of limitations on collecting child support. Strange.......there's no statute of limitation but they do adhere to the doctrine of laches. Do I detect a little contradiction here?

 

[Grace_Adler]

Hi Grace: I believe I found my answer (though who can be sure when wading through legalese?!?) and it seems that Murphy is now living in my house. The system "got" me again.

Thanks,
Gabadoo

LOL Well I was hoping Murphy would leave my house, but I'm sorry he's at yours.

Yes, I always wondered about laches and the statute of limitations and always thought it was a little contradictory myself but then again, there are usually loopholes to everything.

 

[Gabadoo]

I have a friend coming for a few days (one of the joys of living in Florida ) so I will have some time to mull this over and talk to yet another person about the adviseability of going ahead with this. My thinking now is that I will try to reach Colorado's Child Support Enforcement Agency and see if I can get someone who actually knows something and find out if there's any chance I could get this. If not, I believe I will drop it. The ex will drag me through the courts again and now that I am older (and on SS Disability, I might add) I don't know if I have the stamina for the process. The whole thing has certainly been an experience, though.

And Grace, Murphy must have been cloned because he's been living with me for years......LOL

Gabadoo

 

[Grace_Adler]

And Grace, Murphy must have been cloned because he's been living with me for years......LOL

Gabadoo [/B]

LOL

Oh yeah, you can call CSE and ask them about laches but be careful, I don't trust them as far as I can throw them. You might want to check with an attorney about it too.

 

[Gabadoo]

Too bad for me I can't afford an attorney. Why should I be careful of CSE? Aren't they there to help me [snicker]? What can they do to hurt me?

Gabadoo

 

[Grace_Adler]

LOL I am just talking based on my experience and what I have seen on this board. As with other things in life, just because someone works somewhere or does something for a living, no matter how long they have done it, it doesn't always mean they know what they are doing. CSE screws up alot of stuff and can be lazy. I haven't found many CSE workers to be very helpful. I mean there are some, they are just few and far between. I had one caseworker tell me they were there for the mothers! Not to help the fathers. (Nice huh?) So, I just wouldn't trust them to give you accurate info or be willing to help you. Sorry but I, like alot of people, am jaded and skeptical.

Maybe you could call an attorney's office and ask a paralegal. Also, in some states the bar association will do an attorney referral and you can get a consult at a reduced fee. Like here, if you get a referral from them, the attorney can only charge you $35.

 

[Gabadoo]

I know what you mean. I think one of my biggest pet peeves is people who are afraid to say, "I don't know but I will find out". It irritates me no end and I don't care if it's dealing with the beaurocracy or in a store. It's difficult for me to get around sometimes and I swear eternal damnation on the people in places like Home Depot who send me to one end of the warehouse when what I wanted was at the opposite end. Ooops........call me Denise Miller for going off on that rant......LOL

I wasn't sure what you were getting at with the caveat about CSE. Yes, I had that experience here in FL. I am totally cynical and jaded and try to check just about everything I am told but I still have a tendency to trust people too much sometimes. I'm learning.

I will make some phone calls about the attorney referrals and see where it gets me. I really have very little money to spare so it might not be a possibility.

Thanks for all the good info.

Gabadoo

 

[Grace_Adler]

LOL I know what ya mean.

Well good luck with everything. Keep us updated.