Ables v. Gladden ( 2008 )

Justice PLEICONES

concurring:

I concur in the result reached by the majority on the issue of child support, but I write separately because as I stated in Strickland, the defense of laches should not be precluded simply because of the existence of a continuing court order. Thus, I would affirm the family court’s finding that laches bars petitioner’s claims for health insurance premiums, medical expenses, and childcare/school expenses.

I agree with the majority’s conclusion that petitioner did not meet her burden in proving she was entitled to retroactive child support. However, I would hold that laches and other equitable defenses may prevent a parent from collecting retroactive child support, even when interposed against an existing court order. I recognize that these equitable defenses should not apply, absent extraordinary circumstances, when enforcement of child support is sought on behalf of the minor child. See Garris v. Cook, 278 S.C. 622, 300 S.E.2d 483 (1983) (a parent’s wrongful act should not prejudice the minor child’s right to support).

I would affirm the Court of Appeals’ opinion in its entirety.