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being sued, is laches an option for defense?

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bugkiller4

Junior Member
Question regarding past due child support

What is the name of your state (only U.S. law)? GA

Ex wife has sent a form letter to my husband. Ex-wife lives in Tampa, FL. Child in question is now 27, married and self-supporting. No previous collection action has been taken. Divorce was final in 1985. No contact with child due to mothers request to not have contact because she and her new husband wanted to be a family after their marriage in 1989. Up to that point, father was paying child support as requested and ex-wife told him she did not want anything else from him because new husband did not want father involved. Father (my husband) complied after repeated attempts to talk to mom about visitation, etc. because he did not want to cause hardship for the boy. Mom's new husband was threatening father if father pursued visitation and taking frustration out on mom and boy. Skip forward to 2006. Son contacts father and comes to visit. All went well, but son tells father that he left mom's home at 15 to live with grandparents because of stepdad. Did not contact father because no one would tell him how. Now son is working with child on the way with girlfriend. Very happy, but wants to let bygones be bygones. Skip forward to 2009. Now ex-wife wanting $16,000 in arrearages. She did not want it before. Father will gladly give help to son but feels ex-wife and her spouse shouldn't have right to additional money. what father wants to know is for this collection action can laches apply in this case and if so, what steps in addition to finding an attorney does father need to take? Any help in this regard would be appriciated.
 
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Gracie3787

Senior Member
What is the name of your state (only U.S. law)? GA

Ex wife has sent a form letter to my husband. Ex-wife lives in Tampa, FL. Child in question is now 27, married and self-supporting. No previous collection action has been taken. Divorce was final in 1985. No contact with child due to mothers request to not have contact because she and her new husband wanted to be a family after their marriage in 1989. Up to that point, father was paying child support as requested and ex-wife told him she did not want anything else from him because new husband did not want father involved. Father (my husband) complied after repeated attempts to talk to mom about visitation, etc. because he did not want to cause hardship for the boy. Mom's new husband was threatening father if father pursued visitation and taking frustration out on mom and boy. Skip forward to 2006. Son contacts father and comes to visit. All went well, but son tells father that he left mom's home at 15 to live with grandparents because of stepdad. Did not contact father because no one would tell him how. Now son is working with child on the way with girlfriend. Very happy, but wants to let bygones be bygones. Skip forward to 2009. Now ex-wife wanting $16,000 in arrearages. She did not want it before. Father will gladly give help to son but feels ex-wife and her spouse shouldn't have right to additional money. what father wants to know is for this collection action can laches apply in this case and if so, what steps in addition to finding an attorney does father need to take? Any help in this regard would be appriciated.
Was the CS order issued in Florida?

If it was, there is some case law that would help him, but he really needs to hire an attorney to be able to have any chance of prevailing.

If the order was issued in GA, he should get a consult to see what his chances are.

What is the "form letter" that she sent?
Is it a motion that has been filed?
 

bugkiller4

Junior Member
Yes it was issued in Florida. I don't remember exactly what the letter was, I think it was a Contempt of court/Collection type letter that had the name of the son on it, then amount of arrears being owed , exwife's name and signatures of court at bottom...
 

Gracie3787

Senior Member
Yes it was issued in Florida. I don't remember exactly what the letter was, I think it was a Contempt of court/Collection type letter that had the name of the son on it, then amount of arrears being owed , exwife's name and signatures of court at bottom...
He really needs to read that "letter". It could be a motion for contempt, in which case there will be a hearing.

It could be an order on contempt, in which case he NEEDS to see an attorney.

It could be basically anything because we don't know what the "letter" states.

He should take that "letter" and his court order to a Florida attorney for a consult. He can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.
Some may be willing to do a consult over the phone since you live out of state.
 

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