I AM ALWAYS LIABLE
Senior Member
VeronicaGia said:IAAL, just some more information on this. I know what the Doctrine of Laches is, but since IN's emancipation isn't until age 21, and the child is still not emancipted, could the poster make a good argument that Laches shouldn't be considered a defense?
My response:
Perhaps. We don't know if the boy is "self-emancipated"; i.e., still living with DH. If the boy is self-sufficient, I rather doubt a court is going to enforce anything.
However, laches would still apply to the judgment debt that goes back to 1988. DH may be able to make an argument, at a Contempt hearing, that payment needs to be enforced from THE DATE of filing the "Order to Show Cause", and he's going to have a devil of a time explaining to the court a good, legally cognizable reason why so many years have passed without enforcement.
So, going back to 1988, it's highly unlikely. But, there's also an economic angle here, too. At $100.00 per month being owed, and taking into consideration the cost of hiring an attorney, and the costs of locating the judgment debtor, and the court fees involved, how economically feasable do you think a Contempt hearing is going to be, from a monetary standpoint, when all is said and done; i.e., how much money will DH be able to put into his pocket?
IAAL