In re Marriage of Johnson

This case centered on whether a father could use the doctrine of laches to defend against a mother's claim for interest on his child support debt. In the precedential case "Hauck v. Schuck," (353 P.3d 79 (1960)), the Colorado Supreme Court decided laches did not apply to a claim for unpaid child support that accrued within the statutory limitations period. The court of appeals determined in the present case, that laches could not apply to bar one parent's right to collect interest on arrearages owed by the other parent. The Supreme Court granted certiorari review in this matter to address whether laches was an appropriate defense in an interest-collection action, and also to resolve "the arguable tension" in "Hauck." The Court concluded that laches could be asserted as a defense to a claim for interest on child support arrearages, and therefore reversed the court of appeals. View "In re Marriage of Johnson" on Justia Law