McConnell v. McConnell

In McConnell v. McConnell, the firm successfully vacated $54,400 in alleged child support arrears that a Wife has erroneously convinced the Probation Department to apply to a Husband’s probation account. In that case, the Wife alleged for the first time in the year 2000 that the Husband had paid virtually no child support since 1987 when the Order was entered. Without providing the Husband a hearing, the Probation Department applied the arrears against the Husband’s account. After a trial, Brian G. Paul, Esq. of the firm successfully convinced the Trial Court that the arrears had erroneously been placed against the account, and that the Husband had paid the Wife all monies owed, despite the fact that there was no record of the vast majority of payments that were made in cash. The Court agreed with Brian that even if the Husband was not able to prove that all payments were made, the claim was barred by the doctrines of laches, inasmuch as records had been lost or destroyed over the 12 year period that the Wife waited to bring the action. Laches is an equitable doctrine that prevents stale claims from being enforced by denying relief where there has been an unexplainable and inexcusable delay by a litigant in enforcing a known right, and the delay has resulted in prejudice to the other party.