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Seven Year Delay Does Not Bar Collection of Child Support Payments

A Trial Court refused to enforce the payment of child support because of the recipient's seven year delay in bringing the Motion for Collection. (Faro v. Vonder Hayden, decided 12/5/2008). The Appellate Court then reversed that finding and held that the delinquent child support could be collected despite the seven year delay.

The Appellate Court focused on the father's history of non-payment, his prior non-compliance with Court Orders and his failure to show that the enforcement would be unfair. The moral of the story would seem to be that a person who has been defiant of prior Court Orders can not find solace from the Court simply because of a delay by the other party. Seemingly a reinforcement of the old principles that those who seek equity must have done equity or that those seeking the aid of the Court must come "with clean hands"..

Full post as published by New Jersey Law Blog on December 12, 2008 (boomark / email).