Quirk v. QuirkAnnotate this Case
The Supreme Court affirmed the judgment of the district court awarding almost $400,000 in this action to enforce a divorce judgment, holding that the trial court's factual findings were supported by competent evidence.
In 2018, Frances Quirk filed a motion to enforce her divorce judgment from 1973. Quirk alleged that John Quirk, her ex-husband, was obligated to pay her forty-five dollars weekly in spousal support and owed her $97,875 in arrears. John asserted laches as an affirmative defense. The court awarded Frances spousal support, interest, and attorney fees, finding that John had not made payments since 1977, that Frances had not pursued the payments because of John's threatening behavior, and that John had not been prejudiced by Frances's delay in enforcing the obligation. The Supreme Court affirmed, holding (1) John's laches defense failed; (2) the court did not abuse its discretion by awarding the full amount of post-judgment interest to Frances; (3) the statutory presumption of satisfaction was overcome in this case; and (4) the court did not abuse its discretion by awarding Frances all of her attorney fees.