Legal Question in Family Law in Washington

Re: Child Support (orthodontic bills)

If your wife knew about the bills and never provided you with this information, you may be able to avoid paying at least part of this amount based on an equitable defense called laches. In essence, it means that if she knew about her claim, failed to do anything for an unreasonable amount of time (I think 13 years qualifies) and then springs it on you, that is unfair to you and you ought to be able to avoid responsibility for her sitting on her hands all this time and then springing this on you now.

Now, before you run off to tell your ex all about how she's screwed because of the defense of laches, I suggest you speak with her and try to work something out first. Otherwise, she will be in court filing a contempt of court order claiming you are avoiding paying this bill that you owe her.

You will then incur all kinds of fun costs like missing work and heaven forbid, hiring a lawyer to defend you, since she'll be asking for interest, which will exceed the $4,200 itself from 13 years of accumulation. You may win, but the costs of winning might be way more than if you just work something out with your ex.

If there is nothing to work out because you two cannot get along at all, then you have a decision of whether to pay up or take your chances in court. If everything is as you say, I think you'd prevail with an attorney representing you. Don't do this one on your own, because while there is no guarantee that an attorney will win it for you, I think the odds are exponentially increased if you take this one on yourself, and considering that you'd easily be looking at triple the $4,200 if she wins with interest, you'd be a fool not to hire counsel if she brings a contempt of court action.

Best of luck to you!