First District Reverses Finding of Laches and Estoppel

The First District Court reversed yesterday in D.O.R. ex rel Thorman v. Holley, a case in which the lower tribunal’s findings of laches and estoppel excused the Father’s obligation to pay past-due child support.  While there was clearly a long period of delay involved, the District Court found that the lower tribunal applied laches and estoppel without sufficient evidence and erred in vacating a final order establishing arrearages due to a violation of due process.  In short, the Court found that there was insufficient evidence of prejudice to establish laches or estoppel, and that, in essence, as there was no evidence of prejudice there was no basis to remedy a violation of due process by relieving a parent of the obligation to pay support.