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Defense of Laches

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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio
Hayman v. Hayman (184 Ohio App.3d 97, 2009-Ohio-4855)

The above case allowed a obligee to collect child support from an order in which the last child aged out in 1977. The court did NOT accept a defense of laches in this case -- even though there "was a 28 year delay between the time when appellee received her last child support payment in 1976 until appellee filed her motion in 2004."

So for anyone who thinks they can just wait in Ohio... nope.
 


nextwife

Senior Member
I just calculated this. If child aged out at 18 in 1977, they were BORN in 1959. Let's say dad was 40 when kiddo was born, he'd have been born in 1919. So mom could be trying to collect from a 91 year old man. If dad was 50 when kiddo was born, dad would be 101, or long gone.
 

Ohiogal

Queen Bee
I just calculated this. If child aged out at 18 in 1977, they were BORN in 1959. Let's say dad was 40 when kiddo was born, he'd have been born in 1919. So mom could be trying to collect from a 91 year old man. If dad was 50 when kiddo was born, dad would be 101, or long gone.
The couple were married in 1963 and divorced as of October 10, 1968. Dad currently has SS in the amount of $900 a month. He is paying (or was ordered to pay) $353.60 per month however he has substantial assets according to his testimony to the court. After 28 years he basically was in trouble. I believe he was married young --probably in his 20s.
 

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