Wayward Ex-Marine Must Pay Ancient Order Of Child Support

The Maine Supreme Judicial Court has held that laches is not an available defense to four decades of failing to pay child support

…compelling public policy considerations support our conclusion. Allowing the assertion of laches in child support arrearage cases has the inevitable dual consequence of financially rewarding a parent for shirking his or her obligation to the child and penalizing the child for a parent’s delay in seeking support. The child’s needs are the primary focus of an order awarding child support, not the diligence of the parent.

But as to spousal support

In contrast to child support arrearages, however, we conclude that the doctrine of laches is a viable defense in spousal support arrearage cases.

The parties married in 1970 , had two children, and separated in 1977. The husband never paid the agreed support and went into hiding from the Marine Corps in 1977. The divorce was granted in 1979.

The Marines landed in 1996 and awarded husband a bad conduct discharge.

In 2014, the son sought information about his birth father. Mother found Father after a Google search that took less than five minutes.

She sat on her rights to spousal support; the son was blameless. (Mike Frisch)