In Florida child support cases, it is unfortunately not uncommon for the parent obligated to pay support to fail to uphold their duties. If they do, they can be held in contempt. The party seeking a contempt order and arrearages must act in a timely manner, however, otherwise, they may be precluded from recovering the amounts owed due to the defense of laches. In a recent Florida child support case, the court provided a valuable overview of the affirmative defense of laches, ultimately determining that it did not apply. If you need assistance with a child support matter, it is in your best interest to meet with a Miami child support attorney to evaluate your options.
History of the Case
It is reported that the parties divorced in 1994, and the former husband was ordered to pay child support until their child was emancipated in 2005. However, in 1995, the former husband ceased paying child support through the disbursement unit, citing job loss, and instead paid the former wife $100 weekly, with a promise to resume full payments when he found employment. Unfortunately, he never did.
Allegedly, a Judgment/Certificate of Delinquency was filed but expired in 2016. In 2017, the former wife initiated a motion for contempt, which the general magistrate deemed “premature.” The magistrate instructed the former wife to file a motion to determine the child support arrearage, but she never did. Two years later, the former husband passed away, leaving his entire estate to his long-term girlfriend, who subsequently also passed away. Following these events, the former wife filed an independent action to collect the owed amount, totaling $282,070.64. Continue reading ›