While a child support order or judgment for support arrears may be enforced for up to four years after a child reaches the age of majority (Utah Code § 78B-5-202(6)), it is recommended that child support and child-related expenses be pursued as soon as they come due. If not, the recipient risks that a “laches” defense may apply to prevent a recovery of otherwise reimbursable expenses. The doctrine of laches embodies the concept that a claimant may be prevented from bringing a claim if sufficient time has passed such that the defending party would be harmed by the delay.
The Utah Court of Appeals recently handled this issue in the case of Veysey v. Nelson, 2017 UT App 77. The Court upheld a laches defense to child-related expenses despite a statute of limitations which provides that child support orders and judgments ordinarily may be enforced for a much longer period of time.
The Court stated that “[t]o successfully assert a laches defense, a defendant must establish both that the plaintiff unreasonably delayed in bringing an action and that the defendant was prejudiced by that delay.” Veysey, at ¶ 8. In upholding the defendant’s laches argument, the Court emphasized that the daycare expenses statute, Utah Code § 78B-12-214, requires notification within 30 days of the change of the expenses and that the plaintiff had no justification for the delay. Id. at ¶ 10. Furthermore, the Court found that because of the delay, the amount of claimed expenses became difficult to determine and did not allow the defendant to object to the expense. Id. at ¶¶ 12-13.
Notably, Judge Voros of the Court of Appeals concurred in affirming the District Court’s decision, however, he argued that applying the plain language of Utah Code § 78B-12-214 regarding child care expenses would suffice to bar plaintiff’s claims for past child care expenses. Id at ¶¶ 16-17.
In sum, a parent should never exceed the 30-day limitation on requesting reimbursement for certain child-related expenses or informing the other party of a change in the expense unless there is strong justification for the delay. If not, such delay may result in the expense not being shared by the parties.
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