Court of Appeals Summary Decision of the Month:
Laches and maintenance and child support arrearages in family court decision
The Court of Appeals affirmed a judgment denying a claim by appellant for maintenance and child support arrearages, based upon the doctrine of laches. As part of a marital settlement agreement, appellee was to pay maintenance and child support, and appellant was to make mortgage payments on the marital residence. However, in lieu of the maintenance and child support payments, appellee began making the mortgage payment. While appellant initially objected, this arrangement continued until the residence was sold. During this time, appellant indicated in court documents that no past support payments were due. After child support and maintenance ceased, the issue was raised before the family court. Appellant claimed past due arrearages and alleged that the mortgage payments were gifts. The family court determined that it would be unconscionable to enforce the original agreement when appellant’s actions were contrary to her present assertions. Consequently, the court applied the doctrine of laches and denied appellant’s claim. The Court of Appeals upheld the family court’s decision, finding no abuse of discretion. In so doing, the Court noted that the family court had broad discretion in the establishment, enforcement, and modification of child support. In this case, the family court’s decision was found to be reasonable, fair, and supported by the law.
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Here are individual summaries prepared by the AOC organized by legal topics this months PUBLISHED decisions only.
For a list of all archived monthly summaries, please click here for those at the AOC web site and click here for those posted here on this blog.
Please note some of these published decisions may have pending motions for discretionary review so you are cautioned to confirm finality of disposition by going to the AOC’s web site.
