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i was divorced in 1993 in florida.i was ordered to pay 382.00 monthly child support. i fell behind 4600.0 by 1996 due to health issues. at that time, my wife suggested payments be sent directly to her via money order. she was living with someone, and wanted to keep money to herself/daughter. i complied and never heard anymore about support problems. fast forward to 2009 my daughter is now 24 and my ex wife files claim for almost 30,000. in unpaid support plus 11% interest equaling over 50,000.00. i threw out all my old money order copies just a couple years ago. i heard about a defense called latches can this help me in florida court?
State/Country relating to Question: Florida Already Tried: talked with atty via phone i live in ohio hearing for judgement is in fla
Hello,Latches is a valid defense in Florida.
The doctrine of latches is a common law defense used to prevent a plaintiff from taking a position in court based upon the elapsed time from when the action occurred to when the action is filed.. The plaintiff is "estopped" when that time lapse would be unfair to the party who relied on the original position.
Attorney
25 years of experience. Positive feedback appreciated