How to Establish a Case for Laches for Back Child Support

Establishing a case for laches against back child support can reduce or eliminate your past obligations but is sometimes difficult. Laches is a legal doctrine that asserts a person may be able to diminish or avoid a civil liability due to the actions of the other party involved. You must prove the other parent knew the reason behind your laches defense, intentionally delayed getting a back child support order, and injured you as a direct result.

Instructions

1

Gather evidence that the other parent knew or should have known the reason for your assertion of a laches defense. Locate the original child support agreement if you were relying on the repayment terms in the document.

2

Prove that you looked for your child if you were unable to pay support because the other parent moved and did not inform you of the new address. Proof of your search may include fees paid to private investigators, private investigator reports, communications with your child support unit and court records from actions you brought against the other parent for denial of visitation or modification of support. Contact the private investigator you used if you no longer have documentation and request a copy. Visit the family court office where you filed any actions and request a copy of your court records.

3

Document how the other parent delayed obtaining a back-due support order. Some of your other proof may serve for establishing an unreasonable delay, as required under a laches defense, like a letter from the support unit indicating the other parent has been located but is refusing to communicate or cooperate with the support proceedings and payment.

4

Write down the ways you were personally damaged by the parent's delay in getting back support. Include how having to pay the back support amount, interest and collecting fees will hurt you financially, such as forcing you into bankruptcy.