In Re Marriage of Plescia

During a hearing pursuant to a show cause order, the superior court used the equitable doctrine of laches to deny Margaret Plescia’s demand for past due spousal support. She appeals, contending that the superior court exceeded its jurisdiction when it invoked the doctrine of laches. We affirm.

Factual and Procedural Background

On October 19, 1979, the superior court issued an interlocutory judgment of dissolution of marriage to Margaret and George Plescia. At the time, the court did not order payment of spousal support, although it expressly reserved jurisdiction over the issue for both parties until their death or remarriage.

In 1984, the order was modified pursuant to a show cause order. Respondent was ordered to pay appellant $150 per month so long as appellant provided respondent with a list of 20 job contacts each month, this condition becoming active within 5 days of appellant’s release from disability. The support was to continue until the death of either party, remarriage of appellant, or further order of the court.

During a contempt hearing in May and June of 1986, the superior court held that respondent owed no back spousal support payments because appellant…