Alimony Arrearages and Laches Defense

I live in Virginia. I was married in 1968 and divorced in 1984 in Maryland. The divorce degree stipulated alimony of $122.00 biweekly until death of either party or remarriage of receiver. I paid in 1984/1985, but then lost my job due to bouts of alcoholism and wandered through several meaningless and low paying jobs (enough to support my addiction). My Ex realized my situation and allowed my not to pay her the alimony. She had been working part time during the marriage and then full time after the divorce (25 years of employment). As time went by, the alimony just became a memory (to me), but she also never exercised her rights to collect (through the court) or otherwise. She was aware that I finally gained meaningful employment (and learned to deal with my addiction) in 1999. Still she never exercised her rights to collect. Well she was laid off due to a downsizing and now she has sent me a letter seeking $56k in alimony arrearages and indicates that she will seek court action (a contempt order, I guess). Would I have any defense under the doctrine of “laches” in Maryland (or at least be able to gain a settlement of much less since she never exercised her rights for 20 years)? I realize that this is a debt owed and I am willing to offer resumption of payments (increased to $200 biweekly, i.e. an additional amount of $2k annually over the divorce decree). Also, the decree stipulates that it cannot be modified by any court. If she rejects and files contempt and seeks retribution, what assets are open to her to pursue. I am remarried and although the home mortgage is in my wife’s name (I do not have good credit), we put the title in both (entireties) to avoid probate if something happened to either of us. Should we re-title the house in her name for asset protection? No court order has been issued yet.

Maryland Alimony Arreages and Laches Defense

I should have also included that I tried to search Maryland Law and Case History online, but site is very user unfriendly and I could not locate any case law or precidents concerning Maryland laches defense in alimony arrearges issue.

tiwolf said:

I should have also included that I tried to search Maryland Law and Case History online, but site is very user unfriendly and I could not locate any case law or precidents concerning Maryland laches defense in alimony arrearges issue.

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You need an attorney. There is too much money involved here for you to be attempting this on your own.

I agree with LdiJ, however, you can try it but no one can tell you what a judge will decide.

The fact is there was a court order. Neither of you had the right to disregard the order. She can tell you all day long that you don't have to pay it, but the court says you do, and if the court decides to enforce the order, you'll be in big trouble. I doubt she will fess up to her verbal agreement with you.

Get an attorney.

I don't see where she ever actually said he did not have to pay, I think she just realized he was in a bad situation an chose not to hold him in contempt of court. I assume she would say that she just thought when he got back on his feet he would begin paying again including the support that was unpaid, now she thinks you are back on your feet and should pay her.

I don't know about Maryland, but California Family Code 4502 (c) states "In an action to enforce a judgment for child, family, or spousal support, the defendant may raise, and the court may consider, the defense of laches only with respect to any portion of the judgment owed to the state." Of course, I understand this would not apply in Maryland but this man really needs a good attorney.