Legal Opinion

Fogarty v. Rasbeary

California Court of Appeal

Decided March 14, 2000No. B124533Published

1Opinion of the Court

Opinion

NOTT, Acting P. J.

In 1992, the law was amended to provide that judgments for child, family or spousal support were exempt from any requirement for renewal, and were enforceable until paid in full. Notwithstanding that amendment, Division Two of the Fourth District held the defense of laches was still available to thwart a stale attempt at enforcement of a judgment for past due spousal support. (In re Marriage of Plescia (1997) 59 Cal.App.4th 252 [69 Cal.Rptr.2d 120] (Plescia).)

In this opinion, we extend the holding of Plescia to apply also to past due child support.

Background

Melanie J.…

2Cases cited24 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
  3. California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
  4. People v. OverstreetCalifornia Supreme Court · 1986
  5. Shamblin v. BrattainCalifornia Supreme Court · 1988

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