Legal Question in Family Law in Florida
Is laches a good defense?
My ex husband is now reqesting reimbursement of overpaid childsupport of 13,000 which was paid over a period of 10 years. The additional monies stopped 18 months ago. He was aware he was paying more than what the court ordered, but it was much less than it would have been had I taken him to court. The courts now show him as having a credit of 13,000 which he is now requesting back. I was researching Florida's law on laches and wondering if that would be a good defense. Can you please direct me as to where I could locate the statues.
1 Answer from Attorneys
Re: Is laches a good defense?
Laches may be applicable if he delayed his demand for repayment although he knew of the excess. There is no FL statute which will give you a precise answer. Presumably, the support was based on a court order. Your ex-husband will have to prove that the amount of support was based on an order or agreement between the parents. If he was aware of the overpayment and the support was indeed needed for the child, you may have a firm basis for refusing to pay back the funds, even seeking a retroactive adjustment of support. The excess amount could be considered a gift to his child. You are advised to refuse repayment and consult with a family law attorney who can suggest legal options.
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