AFFIRMATIVE DEFENSES

The Benefits of Affirmative Defenses in Family Court and Examples

In family court, affirmative defenses serve as a powerful tool to respond to allegations while providing a broader perspective on the facts and circumstances that might influence the outcome of a case. By definition, affirmative defenses don’t deny the facts presented but provide justification, excuse, or reasons why the outcome should be in the defendant's favor. Affirmative defenses are invaluable in family law cases because they enable respondents to protect themselves against claims for support, custody, or property division based on legal and equitable grounds. Here are some benefits and examples of affirmative defenses in family court cases, along with relevant case law where possible.

1. Protecting Parental Rights and Custody

One of the primary applications of affirmative defenses in family court is in disputes over custody and visitation. For instance, if one parent alleges that the other is unfit due to neglect or abuse, the accused parent may raise affirmative defenses such as "clean hands" or "unclean hands," which allege that the accusing parent has similarly engaged in wrongful conduct. Such defenses, if proven, can level the playing field and prevent one parent from unfairly gaining an advantage in custody determinations.

• Example Defense: Unclean Hands. This defense claims that the accusing party engaged in equally objectionable conduct, such as substance abuse or neglect.

• Relevant Case: Carrie v. Carrie, a case in which the court acknowledged the relevance of past misconduct by both parties in evaluating custody arrangements, supports this defense’s applicability.

2. Financial Protections in Child and Spousal Support

In cases involving child or spousal support, defendants may use affirmative defenses to argue for adjustments or even denial of support obligations. Common defenses include “impossibility,” where the defendant demonstrates that paying the requested amount would be financially impossible due to circumstances like job loss or severe financial hardship. Other defenses include “changed circumstances,” in which the defendant shows that a previously agreed-upon support arrangement should be modified due to significant life changes.

• Example Defense: Changed Circumstances. In In re Marriage of Stephan, the court held that significant changes, such as job loss or a medical condition, can justify a change in support obligations.

• Example Defense: Impossibility. This defense may be used to demonstrate that payment requirements are financially untenable without risking financial insolvency.

3. Protecting Against Allegations of Domestic Violence

Accusations of domestic violence often play a critical role in family court, particularly in custody and visitation cases. Affirmative defenses allow defendants to present defenses such as “self-defense” or “defense of others,” which can be especially relevant when children are involved. By providing context for a disputed incident, these defenses can prevent unjust restrictions on parenting rights.

• Example Defense: Self-Defense. People v. Mongha, while not strictly a family court case, affirmed that self-defense applies to family disputes, supporting parents’ rights to defend themselves from abusive partners without necessarily affecting custody rights.

• Example Defense: Defense of Others. Defending oneself or one's children from an abuser, with evidence, can prevent wrongful claims that may otherwise impact custody.

4. Legal Defenses for Property and Debt Division

Family law cases often involve complex property and debt division, particularly in divorce. Affirmative defenses such as “waiver,” “estoppel,” and “laches” can be used to contest property division claims. For instance, if one spouse waives their right to a particular asset, they may be estopped (prevented) from reclaiming it later. Similarly, if one spouse delays filing a claim unreasonably (laches), it may be argued that they have forfeited their rights to the claim.

• Example Defense: Laches. In Sears v. Sears, one party delayed asserting a property right, and the court found that the defense of laches applied, barring the claim due to unreasonable delay.

• Example Defense: Waiver and Estoppel. If one spouse previously agreed to waive interest in a property during separation but later tries to reclaim it, waiver and estoppel prevent them from benefiting after relinquishing a right.

5. Enhanced Fairness Through Due Process Rights

Affirmative defenses such as “lack of jurisdiction” or “statute of limitations” can ensure that family court procedures respect due process. If a family law claim is filed outside the legally permissible time frame, the defense of statute of limitations may protect the defendant from stale claims. Likewise, lack of jurisdiction can bar the court from ruling on matters beyond its reach.

• Example Defense: Lack of Jurisdiction. This defense asserts that the court does not have the power to rule on certain aspects of a case, which may be relevant in interstate custody disputes under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

• Example Defense: Statute of Limitations. In Myers v. Myers, the statute of limitations was key in family court, affirming that delayed claims for support payments may be barred if outside the statutory time limit.

Conclusion

Affirmative defenses in family court provide defendants a structured way to protect their rights by asserting legal doctrines that acknowledge and explain their actions rather than denying claims outright. By leveraging defenses such as unclean hands, changed circumstances, self-defense, and waiver, parties can provide context that allows for a more equitable evaluation of the facts. While the applicability of affirmative defenses depends on the specific details and jurisdiction of each case, they remain an essential mechanism for ensuring fairness and balance in family court proceedings.