Court overturns child-support ruling

Thursday, June 6, 2002 | 9:49 a.m.

SUN CAPITAL BUREAU

The Nevada Supreme Court has ruled that a Clark County woman should get 18 years of back child support from her ex-husband, despite a delay in seeking the payments.

The court ruled that Esperanza M. Cobian was entitled to the past support for her three children from her divorced husband Alejandro Cobian in Clark County.

"That Alejandro has failed to meet his financial obligations toward his three children, and no amount of time passed should relieve him of this responsibility," the court concluded.

The court overturned the decision of District Judge Robert Lueck, who ruled that the mother had waived her right to collect back child support of $300 a month. Lueck found that Esperanza entered into a tacit agreement that they could not have any contact with each other and Alejandro would not have to pay support.

Esperanza later received government welfare assistance. She consulted an attorney but did not follow through, because she did not have any money to pay for the legal advice.

The court said, "Given these considerations, we conclude it is unreasonable to believe that Esperanza intentionally agreed to waive $300 per month in child support payments from Alejandro in exchange for having him out of her and the children's lives.

"Delay alone does not constitute an implied waiver," the court said.