State of West Virginia, Department of Health and Human Resources, Child Advocate Office

Summary

The Court held that reimbursement child support in a paternity action is presumed retroactive to the child's date of birth unless the obligor asserts and proves laches or another affirmative defense. Because the appellee neither pleaded laches, presented evidence establishing its elements, nor properly tried the issue by consent, the circuit court improperly relied on laches to limit reimbursement. The Court reversed and remanded with directions.