Legal Opinion

Fisco v. Department of Human Services

Supreme Judicial Court of Maine

Decided May 30, 1995PublishedCited by 16 opinions

1Opinion of the Court

RUDMAN, Justice.

The Department of Human Services (DHS) appeals from the judgment entered in the Superior Court (Cumberland County, Brennan, J.) holding that the doctrine of laches bars DHS, acting on behalf of Janet Westhoff, from recovering child support ar-rearages from Richard Fisco. We review the decision of the Superior Court based on the evidence developed at the administrative review hearing and even though our review is deferential, the decision is clearly erroneous. We therefore vacate the judgment.

Fisco and Westhoff divorced in New York in November 1979. The divorce decree ordered…

2Cases cited9 opinions

  1. Leathers v. StewartSupreme Judicial Court of Maine · 1911
  2. Mitchell v. Alfred Hofmann, Inc.New Jersey Superior Court Appellate Division · 1958
  3. Carter v. CarterSupreme Judicial Court of Maine · 1992
  4. Sargent v. CoolidgeSupreme Judicial Court of Maine · 1981
  5. Vector Marketing Corp. v. Maine Unemployment Insurance CommissionSupreme Judicial Court of Maine · 1992

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3Cited by16 opinions

  1. Department of Human Services v. BellSupreme Judicial Court of Maine · 1998
  2. In Re the Support Obligation of LoomisSouth Dakota Supreme Court · 1998
  3. Beck v. BeckSupreme Judicial Court of Maine · 1999
  4. Glew v. GlewSupreme Judicial Court of Maine · 1999
  5. Tanya J. McMahon v. Christopher P. McMahonSupreme Judicial Court of Maine · 2019

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