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csea laches defense

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M

Mom 1040

Guest
I reside in Tennessee and the non-custodial parent resides in Ohio.

In 1985, a visitation and support order entered by TN. juvenile court for 240/monthly.

In 1988, Contempt Order issued by TN. juvenile court for 960.00 in child support arrearage and "a cautious return to visitation since Father has no permanent residence". Court ordered Father to supply court with employer information when available (unemployed at time of hearing) and a wage assignment will be done via court for past / current child support plus clerk's lawful fee. Also, father is notify court of permanent address so that visitation can resume to normal schedule. Father leaves state and fails to notify court of departure, employer, or address.

TN. goes through numerous CSEA transitions. In 1989 district attorney's office turns over collection to private agency. Several private agencies ensue over coming years. Calls aren't returned regarding collection, etc.

Mother has remained (for 28 years) and still currently resides in same city / state.

In 2000, private CS collection agency retained (SupportKids.com). Company rescinds agreement since Father cannot be loacted via federal search paths.
Another agency contracted, location successful in OH., but company is unable to collect amount from Father.

Process of case through OH. CSEA (2002) and collection of current support, 01/2003-05/2004 (child graduated from high school on the latter date). Father claims defense of "laches"; Delay of registration of order regarding arrearage (44K).

Given all the basic details, does this person have a remedy under that defense?
 
Last edited:


Gracie3787

Senior Member
There is a court order for payment of current and arrears that ordered him to keep court informed of address and employment.

He did not do so, and apparently also didn't pay as ordered. He may try defense of laches, but the doctrine of clean hands can be used by you. Basically because he is in contempt for not obeying order, his defense is not going to carry much weight.

I don't believe that laches would apply to this situation anyway because everything possible has been done to collect, and the only two reasons collection wasn't made is 1- the CS enforcement system was messed up and 2- Father did not follow order to notify of address. Neither of which can be blamed on you.
 

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