Non-Parent Lawsuit for Reimbursement of Child Support in Arizona
Arizona law requires every parent to financially support their children. If someone else supports a nonpaying parent’s child, the law implies a promise from the parent for reimbursement. Can someone who provided support for a child sue a parent who failed to support the child? Do laches bar suit brought after a decade? In the case, Anonymous Wife v. Anonymous Husband, 739 P.2d 794 (1987) the Arizona Supreme Court addressed these questions.
Facts of the Case
In 1971, during the marriage of Wife and Husband, the Wife became pregnant with another man’s child. It was born in 1972. The natural father did not offer to contribute to the child’s support. Wife and Husband raised the child as their own. However, this ended when Wife petitioned for the dissolution of the marriage in 1981.
The husband denied paternity of the child and the Wife filed a paternity complaint against both men. The husband filed a cross-claim against the natural father for one-half of the funds expended by the community to support the child.
The trial court ordered the natural father to contribute to the support of the child. However, it held that neither Husband nor Wife would recover support payments they made from the Husband.
The trial court reasoned that they had elected to treat the child as their own. Any claim against natural father, the court said, was time-barred. It rejected Husband’s claim for attorney fees. The court of appeals ruled that the trial court did not have jurisdiction to hear the Husband’s cross-claim against the natural father.
It also denied the husband’s request for attorney’s fees. The trial court later denied Husband’s motion for reconsideration. It granted the natural father’s request for attorney’s fees. The Arizona Supreme Court granted review.
Trial Court’s Jurisdiction to Adjudicate Husband’s Cross-Claim
The only powers a divorce court can exercise are those set out in the law. The court of appeals acknowledged this. It reviewed the law and concluded that the trial court didn’t have jurisdiction to hear the Husband’s cross-claim against the natural father. The cross-claim was for reimbursement of funds Husband spent to support the natural father’s child.
The Arizona Supreme Court disagreed with that conclusion. It said that if the natural father is adjudged the child’s father, the court can order support payments. And Arizona law does not limit to whom back support payments can be ordered.
The husband may be among the persons to whom payment may be ordered under the law. Any other ruling on this issue would encourage piecemeal litigation.
Does Husband’s Cross-Claim Have Merit?
Natural parents have a legal obligation to financially support their children. What if a natural parent doesn’t financially support a child and another person offers support? In that case, the law implies a promise by the parent to reimburse the person supporting the child. Here, the natural father made no effort to financially support his daughter.
The husband helped Wife to support the child; although he was under no legal obligation to do so. The natural father is legally obligated to reimburse Husband for the money he spent to provide the child with necessities. Thus, the Court found Husband’s cross-claim had merit unless it was time-barred.
Is Husband’s Cross-Claim Time-Barred?
Generally, “time-barred” refers to legal claims made after the time set in the statute for making such claims has passed. The husband’s cross-claim is not barred by any statute of limitations. The husband could not have made a claim for child support before the issue of paternity was resolved. Arizona law does not limit the period an individual has to bring a paternity action.
The paternity complaints were filed here while the child was a minor. So was the Husband’s cross-claim for reimbursement of child support. However, the cross-claim may be time-barred by laches. Laches bar claims not diligently pursued if the delay injured the other party. Here, laches will bar the Husband’s cross-claim if he failed to act diligently and the natural father was injured by the delay.
Husband knew before the child was born that the natural father was the child’s true father. Waiting so long before filing a claim suggests that the Husband didn’t pursue his claim diligently. The natural father claims that he was injured by the Husband’s failure to diligently pursue his claim.
He alleges that, because of the Husband’s delay, he did not set aside any money for the child’s support. He claims that making him suddenly pay 10 years of back support would put him in an unjust position.
The Court acknowledged that the Husband’s late claim for support will disrupt the natural father’s financial affairs. However, the Court found that equity here greatly favors the Husband, who helped the child. Therefore, the Court declined to hold that natural father can rely on the equitable defense of laches.
What Claims Can Husband Make?
The court found that the amount the Husband can recover from the natural father is limited. The husband can only recover the funds he spent on the child’s necessaries within three years before filing his cross-claim. The Court denied his request for attorney fees.
The Arizona Supreme Court affirmed the trial court judgment in part. It also reversed the judgment in part. The trial court must determine the Husband’s share of community support amounts expended during three years before the cross-claim was filed.
Other Articles About Child Support in Arizona
- Arizona Child Support Laws
- Arizona Child Support Calculator
- Arizona Uniform Interstate Family Support Act Statutes
- Arizona Child Support
- Back Child Support in Arizona
- Calculating Income for Child Support in Arizona
- Child Support and an Unemployed Parent in Arizona
- Child Support Enforcement in Arizona
- Domesticate Child Support Order in Arizona
- How is Child Support Calculated in Arizona
- How is Income Calculated for Child Support in Arizona
- How to Enforce a Child Support Order in Arizona
- How To Enforce Child Support in Arizona
- How to Make Child Support Payments in Arizona
- How to Modify Child Support Order in Arizona
- Modification of Child Support in Arizona
- Modify or Enforce Other State Support Order in Arizona
- Prescott Arizona Modification of Child Support
- Registering Support Order From Another State In Arizona
- The Standard Procedure to Modify Child Support in Arizona
- What is a Wage Assignment in Arizona
- What Is Considered Gross Income for Arizona Child Support in Arizona
- What is Included in an Arizona Child Support Order
- When Does Child Support End in Arizona
- Modification of Child Support When Neither Parent Lives in Arizona
Chris Hildebrand wrote the information on this page about reimbursement of child support and non-parent lawsuit in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.
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