California Supreme Court Rules in Favor of Supportkids' Client
Supportkids is an interesting concept. They have taken the model of a large document preparer and applied it directly to the issue of child support. Is this a good thing? Well, maybe and maybe not. I have yet to have a client go there or come back from it, so I can't comment on how well they do their work. I believe the California Departments of Child Support Services are actually pretty good and helpful in getting cases moving and pursuing them.
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California Supreme Court Rules in Favor of Supportkids' Client
Monday July 24, 5:31 pm ET
Landmark Decision Will Help Custodial Parents in California Collect Child Support Owed to Them
AUSTIN, Texas, July 24 /PRNewswire/ -- Supportkids, the nation's largest private child support company that works directly with families, together with local counsel and its client Mary Anne Moyse, won a landmark victory for custodial parents of California. The California Supreme Court ruled July 20th in Moyse's favor and stated that non-custodial parents cannot escape their obligation to pay child support simply because time has elapsed.
In a unanimous opinion, the justices ruled that a California Family Code amendment repealing the laches defense applies retroactively. "Laches" is an old doctrine often used when a non-custodial parent hasn't paid child support and claims that too much time has now passed for the custodial parent to collect. This decision overturns the current interpretation of that amendment and closes a loophole that enabled child support obligors to evade their obligations.
The court wrote that "[The non-custodial parent] had a duty to pay his child support, and could establish compliance through testimony alone. Unquestionably, the availability of laches impaired the ability of a parent to collect child support. Eliminating the defense necessarily advances the state's interest in securing payment of all child support obligations."
The attorney who worked with Supportkids and Ms. Moyse, Robert J. McNair, said: "I think that this is a fair and proper decision that will assist those individuals who have had to raise children without the benefit of child support. It also sends a message that you have one defense when a custodial parent raises these issues in court, and that one defense is proof that you paid your entire obligation in full."
Many of Supportkids' clients, like Ms. Moyse who was once a waitress at a New York City IHOP, do not have the time or money to hire an attorney to assist them. Supportkids gives custodial parents like her another option. After a lengthy court battle, Ms. Moyse will finally get the support she is owed.
