Quinn

I. Introduction

The instant appeal arises from the trial court’s application of the “five-year” rule, as it is spelled out in the Code of Civil Procedure, to a welfare reimbursement family support proceeding. (Code Civ. Proc., §§ 583.310, 583.360.) A statutory exception to the five-year rule presently exists in section 583.161 of the Code of Civil Procedure for dissolution actions where a pendente lite child support order is issued, but the Code of Civil Procedure contains no express exception for actions involving child support that do not arise from dissolution petitions.

The disparity between dissolution actions and other actions in which a pendente lite child support might be obtained is, of course, anomalous. It is well established, at the dawn of the 21st century, that whether a child was bom in or out of wedlock makes almost no difference in any legal context whatsoever. (We say “almost” because wedlock can affect who is judged to be the father if paternity is disputed.)

We will come to the same result under these circumstances as Thompson v. Thames (1997) 57 Cal.App.4th 1296 [ 67 Cal.Rptr.2d 695 ], but offer a statutorily based solution to the anomaly. Section…