Legal Question in Family Law in California

When did latches defense get changed

In the divorce decree I could claim my oldest as long as I was current with CS, she could claim the youngest. My ''X'' wanted to claim the oldest as it would benefit her more financially then the $150 a month I was paying. She refused to send the forms I needed to file and so I reluctantly agreed and made an agreement that she could claim the oldest child also. Now eighteen years later she has gone to CA C.S.Services and said that I have never paid CS. I never claimed the oldest daughter and only have the last seven years to prove that I did not claim her. Not once during the eighteen years did she ever mention child suppport. I have spoken with the oldest and she says that her mom claimed her up til her 21 birthday (this year). To go back eighteen years is a significant time period. When did the law on latches change? You say that the laws have been changing in the last few years, my question is why did she wait so long to collect? She has lived in CA for 14 years. She did this two months after the youngest turned eighteen. I am desperate for some answers. Bob


Asked on 1/22/05, 7:52 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: When did latches defense get changed

The defense of laches was removed by the California Legislature about 2002. It is unfortunate that the legislature has taken this step. This allows vindictive exe spouses to take out their vindictive feelings on the other parent.

Read more
Answered on 1/22/05, 9:42 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California