State Department of Revenue, Child Support Enforcement Division ex rel. Valdez v. Valdez
In State Department of Revenue, Child Support Enforcement Division ex rel. Valdez v. Valdez, 941 P.2d 144, 152 (Alaska 1997), the Alaska Supreme Court stated that the defense of laches is not available in child support collection actions because suits for monetary judgments for child support arrearages are legal rather than equitable.
The Valdez court stated:
"When a party is seeking to enforce a legal right, as opposed to invoking the discretionary equitable relief of the courts, the applicable statute of limitations should serve as the sole line of demarcation for the assertion of the right," and equitable defenses are not available. Kodiak Elec. Ass'n v. DeLaval Turbine, Inc., 694 P.2d 150, 157 (Alaska 1984) . . . . Whether an action is legal or equitable depends on the relief sought. (941 P.2d at 152.)