Barnett

Is laches available as a defense to the payment of child support arrearages? We join the Second and Fourth District Appellate Courts recently facing this issue in holding that it is. We also conclude the trial court’s finding of laches was supported by the evidence.

Background

Harold and Lesley Copeman divorced in 1985. The parties agreed that Lesley would have custody of their two sons, Michael and Steven, and Harold would pay child support of $400 per month until the children reached age 18. Harold also agreed to provide medical and dental insurance for the children and pay one-half of all uninsured medical expenses. Finally, Harold promised to pay spousal support of $150 per month for two years.

On June 24, 1987, the parties modified the support agreement. This stipulation and order provided that, effective January 1, 1987, Harold would *327 pay $450 per month in child support. On January 1, 1988, this amount would increase by 10 percent (to $495); on January 1, 1989, the payment would increase by another 10 percent (to $544.50); and on January 1, 1990 the payment would increase again by 10 percent (to $598.95). 1 The order did not provide for any further increases…