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IN RE MARRIAGE OF CAPETILLO

No. 14822-0-III.

932 P.2d 691 (1997)

85 Wash.App. 311

In re the MARRIAGE OF Donna Rosemary (Kivett) CAPETILLO, Appellant, and David Leslie Kivett, Sr., Respondent.

Court of Appeals of Washington, Division 3, Panel Four.

March 11, 1997.

Attorney(s) appearing for the Case

David A. Elofson, Menke, Jackson, Beyer, Yakima, for Appellant.

Sarah G. Ottem, Gevurtz, Menashe, Larson & Yates, Portland, OR, for Respondent.

SCHULTHEIS, Judge.

In Washington, the equitable defense of laches may be applied to estop a custodial parent from recovering past-due child support. Donna Capetillo sought to recover 10 years' worth of past-due child support from her ex-husband, David Kivett. Mr. Kivett claimed he had not paid child support because he thought his children had been adopted by their stepfather. The trial court applied laches and denied Ms....

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